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Is Delta 8 legal in Indiana?

January 2022

In the past three years, there was a Delta 8 craze in the drug industry. It happened after President Trump signed the Farm Bill into law in 2018. 

The provisions of the law paved the way for the introduction of a new less potent form of cannabis drug. The law permitted certain hemp derivatives to be sold, bought, and use legally. 

The federal law allowed each state the discretion to provide its own governing rules about these products. But some states aligned their law to the federal provisions. 

One of the said states is Indiana. So, yes, Delta 8 and all products containing this drug are legal in the Hoosier state. 

If you are in a hurry, here’s the gist of this article:

What is Delta 8?

Cannabinoids are naturally occurring chemicals found in plants belonging to the cannabis genus.

Delta 8 is among the many cannabinoids extracted from hemp and marijuana plants. 

It is a compound that can produce psychoactive effects. These effects are what some call the high. All cannabinoids have these effects. But in varying degrees.

What are Delta 8 products?

These are products, whether ingestible or smokeable that have hemp-derived Delta 8 content. 

These can con in different forms, including:

  • Gummies
  • Cold beverages like soda drinks
  • Tinctures
  • Vape cartridges or ink
  • Rolled up smokes
  • Oil
  • Injectables

For tinctures, oils, and injectables, color can vary from transparent to yellow to dark brown and green. 

Some users associate the color t the quality. But colored Delta 8 products can be as good as transparent ones.

Are Delta 8 and Delta 9 the same?

Both are cannabinoids that can be extracted from marijuana and hemp. But they vary in three aspects. 

Molecular structure

The molecular structure of Delta 8 and 9 varies slightly. 

Their variance lies in the positioning of their carbon atoms. 

Delta 8’s carbon atom is bonded at the eighth carbon chain. 

Delta 9 is bonded at the ninth carbon chain. 


When it comes to the laws concerned, Delta 8 and Delta 9 stand on opposite sides of the court. 

According to federal law, Delta 9 is illegal. It is one of the controlled substances that need proper licensing when grown, sold and used. 

But under the Farm Bill 2018, Delta 8 was recently made legal. 

Delta 8 derived from hemp with 0.3% TCH or less can be sold and purchased openly.

Although, the laws regarding Delta 8 in each jurisdictional state can vary depending on the state law enforcement at the time. 


For uses, one significant difference between Delta 8 and Delta 9 is the potency. 

Delta 9 is the primary component of marijuana and hemp that produces the high. It is what most users hope to get. 

But Delta 9 has its downsides. Because it is strong, it reduces functionality and impairs the senses, causing lethargy. 

On the other hand, Delta 8 is much less potent. It doesn’t mean that it does not have psychoactive effects. It does, but the high experienced is at a lower degree. 

Users claim to feel euphoric but more focused and sharper. 

For this reason, users who want to be productive in their everyday life, prefer this milder version. 

Delta 8 and Indiana legislations

Before we go to the current legislation in Indiana, we have to first look at the Farm Bill.

Four years ago, the Farm Bill was signed into law by President Donald Trump. It is also known as the Agricultural Improvement Act. 

It effectively categorized hemp as agricultural commodities and unlisted it as a controlled substance. 

It means that hemp is permitted to be farmed, processed, and distributed in stores. 

Hemp was redefined as any plant belonging to the cannabis genus or part of it that has Delta 9 THC that will not exceed 0.3% when weighed dry. 

THC stands for tetrahydrocannabinol. It is the content of cannabis plants that produce psychoactive effects. It is present in all 113 cannabinoids. 

But Delta 9 cannabinoid has the highest concentration of TCH. 

Hemp became legal on a federal level. But states have the right to enact laws relating to the:

  • Cultivation of Delta 8
  • Production of Delta 8 products
  • Sale of Delta 8 products 
  • Distribution of Delta 8 products

The distribution and shipment are limited in their respective jurisdiction. 

Indiana aligned their law with the federal provisions under its Senate Enrolled Act no. 516.

Under this act, it adopted the federal definition of hemp as any cannabis plant with TCH content not exceeding 0.3%. 

It also defines hemp products as any item containing substances derived from hemp, excluding smokable hemp and those that have more than 0.3% THC.

Marijuana is defined as the cannabis Sativa plant, its parts, and the salt, oil, resin, mixtures, and extracts derived from it. It does not include industrial hemp.

The law also categorizes what are considered controlled substances.

The list excludes products and drugs that fall under the definition of hemp. 

Also noteworthy is that there is no specific provision for the limit on the amount of Delta 8 that an individual can possess. 

It means that a person can carry or store as much Delta 8 as he wants to. 

For law enforcers, it is hard to verify if hemp products contain Delta 8 or Delta 9. 

Basic lab tests only reveal if the products contain TCH. A more in-depth lab testing is needed to determine whether it is Delta 8 or Delta 9. 

What are the consequences of legalizing hemp?

The contents of the Farm Bill about hemp remain controversial. 

Although, legalization on a federal level meant that manufacturers and growers now operate their hemp businesses legally.

More business owners are shifting to hemp as the source of their products because there is a larger market for hemp. Also, marijuana regulations are strict.

Last year, the market size was valued at USD 4.13 billion. It is projected to increase up to 12.01 billion UDS in the next seven years. 

But these businesses must adhere to the rules enforced by authorized arms of the government to avoid unwanted attention. 

Government agencies that deal with the regulation of hemp products include:

  • Drug Enforcement Agency
  • Food and Drug Authority 
  • Department of Health
  • Department of Agriculture 
  • Police 

Where to buy Delta 8 in Indiana?

Delta 8 is available in various outlets and shops in the state, including:

  • Online stores
  • CBD or Cannabidiol hops
  • Pharmacies
  • Hemp stores
  • Grocery stores
  • Gas stations 
  • Herbal and traditional medicine boutiques
  • Other local stores

For most users, the preferred method of buying Delta 8 products is online. It is the most convenient, safest, and cheapest.

Other benefits include a wider variety of product choices. Also, customers can read product reviews and third-party certificates. 

Because Delta 8 products do not have FDA approval, there are potential health risks.

Some products contain fertilizers and chemical reagents that can cause tremendous health problems to users. 

Third-party certificates will show all the chemical contents of the products

Who can buy Delta 8 products?

In Indiana, there are no existing state laws on age restrictions. It means anyone can buy Delta 8 products. 

Unlike other states, anyone in Indiana can buy Delta 8 openly. Although, most businesses require customers to be at least 21 years of age. 

Also, there is no need to present a prescription or any medical card before purchase.

Why do most consumers prefer Delta 8 over Delta 9?

Delta 8 provides more benefits to consumers than Delta 9. Here are areas where Delta 8 has an edge. 

It is legal.

The first consideration of consumers is the legality of the product. Since Delta 8 is federally legal, more consumers jump in its boat. 

But Delta 9 can still be legally used by some patients who have legally prescribed marijuana medication. 

It can also be bought legally by people with chronic pain as long as they have a corresponding document like a license. 

People who are allowed to use marijuana medication are those with:

  • AIDS
  • HIV
  • Crohn’s disease
  • Cancer
  • Glaucoma
  • Other terminal diseases
  • PTSD
  • Bi-polar disorder
  • Other mood and behavioral disorders
  • Chronic pain

It is more convenient and accessible.

Because it is legal and is open to be sold to anyone, there are fewer restrictions to business. 

There is a higher volume of production, which means there is a higher supply volume.

It is less functionally impairing. 

The milder effects of Delta 8 make it more appealing to consumers. They can experience the high with less or no adverse effects. 

Most Delta 9 users experience paranoia, lethargy, and anxiety when under the influence. 

In the case of Delta 8, many users claim that they can still function when using the drugs. Some even say that it makes their senses and thinking sharper. 

Parting Words

The craze for Delta 8 immediately began when it was made legal. 

The emergence of this drug helped many patients. It also helped recreational users in managing their Delta 9 addiction. 

The hemp industry is projected to increase in the coming years as the product market expands.