Looking back on the last month of CBD oil in Indiana, it’s been a whirlwind of political shenanigans. It all seemed positive for CBD oil reform in Indiana in the middle of March, yet it all went haywire once certain politicians got ahold of the bill. Although the Senate and the House were all set to grant its citizens access to CBD, Indiana legislature had other ideas. Instead of passing low-THC cannabis reform, they passed a gun bill.
Even reporters found the logic hard to follow. Bob Segall, reporting for Channel 13, WTHR, wasn’t aware of the little known legal loophole that allows state lawmakers to transform one bill, into another one. CBD Oil, in Indiana, became a gun bill in the blink of an eye.
In Segall’s words, “When lawmakers meet Monday morning to discuss HB 1214 in joint conference committee, the bill will no longer have any mention of CBD oil. By 10:00 am Monday, it will become a much different bill – a bill about guns. Yes, you read that correctly. Guns. Erase all talk of easing the pain with CBD oil. Replace it -- lock, stock, and barrel -- with a bill to provide more ease and convenience for Indiana gun owners.” [1]
Thankfully, for everyone seeking clarity on their use of CBD oil in the state of Indiana, the rest of the month made much more logical sense. By March 21st, the Senate had refocused its attention on a sister CBD bill, so Act 52 was signed into law by Gov. Eric Holcomb. Indiana has joined one of 17 other states with statutes explicitly allowing for medical access to CBD oil.
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The History of CBD Legislation in Indiana
It has been a long and bumpy road for patients relying on CBD to soothe their various health conditions in Indiana. It started off on April 27, 2017, when Gov. Eric Holcomb signed House Bill 1148 into law. This law allowed for the sale and use of CBD oil which contained at least five percent CBD and under 0.3 percent THC for the treatment of drug-resistant epilepsy. [2]
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Since the passage of that bill, hemp-based CBD oil sales in Indiana flourished. Hoosiers had long been accessing unsanctioned CBD oil across the state, but after April 27th, many stores took this Bill as total approval for all CBD sales. The original bill from April of last year did not clarify rules around access, sales, or production, but many stores quickly placed the product on their shelves. [3][4]
Even within the Governor's office, the confusion around CBD oil in Indiana was on full display in the Fall of 2017. On the one hand, the attorney general issued a statement declaring “any substance containing cannabidiol is prohibited in Indiana as it falls under the definition of 'marijuana' and contains THC, both of which result in it being a Schedule 1 controlled substance.” This statement was followed with a second from the Governor himself, who said that “the excise police will use at least 60 days to educate, inform and issue warnings to retailers so there is a reasonable period of time for them to remove products that contain THC.”
Retailers and customers were confused - even industrial hemp is legal if it contains under 0.3 percent THC. Doesn’t that also apply to hemp-based products like CBD oil?
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Despite the warning from the Governor, CBD sales in Indiana spiked in the following months. In January, state legislatures appeared to catch up to popular opinion on the matter, as the House of Representatives passed House Bill 1214 with an overwhelming 93 to 0 margin. This bill aimed to legalize CBD oil for much more than just drug-resistant epilepsy - it opened up the use of CBD oil in Indiana for many other types of medical issues. The Senate quickly followed suit, approving a CBD bill with a 3-to-1 margin.
But when it came time for both houses of government to work out the minor differences between the two versions of the bill, it was overtaken by a “strip and replace” procedure. This was a little-used political channel which removes the original premise of a bill to replace it with something completely different. In this case, it was a gun bill.
Not surprisingly, this left supporters shocked, because what would happen to CBD? Indiana lawmakers had another surprise up their sleeve in March, as they quickly refocused their attention on Senate Bill 52. Approved March 21st, 2018, CBD in Indiana is now legally accessible for more patients than ever before. Although there are still some questions to be worked out, Rep. Matt Pierce went on the record to say that, "We’re going to have to come back and fix this next year, but we’ve got to at least get it legal." [5]
What are the Specifics of CBD Oil in Indiana?
Today, CBD oil in Indiana is legal to buy, sell and be produced by any person. However, there are strict labeling protocols in place, which require all products to indicate the level of THC. The legal limit for CBD products is 0.3 percent THC. Each batch must be tested for THC content, with QR labels on a per-batch basis, giving customers full access to test results.
It is still early days, but according to the government, there will soon be a cannabidiol registry program set up statewide. Presumably, this will provide a framework for Indiana State Health Department to regulate the industry. It remains to be seen how this will affect the current sales in the state, which are almost entirely done through private natural health stores, and supplement retailers.
Sources:
[1] https://www.wthr.com/article/bill-to-legalize-cbd-oil-in-indiana-suddenly-transformed-into-gun-bill-instead
[2] https://medicalmarijuana.procon.org/view.resource.php?resourceID=006473
[3] http://www.kokomotribune.com/news/local_news/flying-off-the-shelves-businesses-see-increased-interest-in-cbd/article_6e049df8-d916-11e7-bafa-bf06c72b81ca.html
[4] https://www.thecannabist.co/2017/12/05/where-to-buy-cbd-oil-indiana-shops-sales/93968/
[5] https://www.indystar.com/story/news/politics/2018/03/21/cbd-oil-now-legal-indiana-after-nearly-year-confusion/447431002/
