The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana below the Controlled Substances Act (“CSA”) and by delivering a detailed framework for the cultivation of hemp. The 2018 Farm Bill offers the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the alternative to keep main regulatory authority more than the crop cultivated inside their borders by submitting a program to the USDA.
This federal and state interplay has resulted in a lot of legislative and regulatory modifications at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but developing quantity of states also regulate the sale of goods derived from hemp.
In light of these legislative modifications, we are presenting a 50-state series analyzing how every single jurisdiction treats hemp-derived cannabidiol (“ Hemp CBD”). Each and every Sunday, we summarize a new state in alphabetical order. Currently, we turn to Indiana.
The Workplace of Indiana State Chemist (“OISC”) regulates hemp cultivation activities. At the moment, the OISC is permitting applications for hemp researchers but expects to permit industrial cultivation applications in 2020 (absent a alter in applicable laws or regulations) in light of the 2018 Farm Bill’s allowance of hemp production applications and a series of laws and regulations in Indiana. Pursuant to these OISC FAQs, the final guidelines for the 2020 application course of action are nevertheless becoming worked out, and the state hopes that the initial round of industrial hemp crops will be planted subsequent year. The FAQs also state that hemp seeds can be imported from other states and that the license varieties that will ultimately be issued will be for Growers, Handlers, and Researchers.
Maybe surprisingly, Indiana has some of the most robust Hemp CBD specifications of any U.S. state. Indiana’s legislature passed SB-52, permitting the sales of FDA-authorized Hemp CBD goods, or “low THC hemp extract” that complies with Indiana law successful in 2018. These specifications are broad and call for independent lab testing with a passing certificate of evaluation, and call for goods to have extensive labels with scannable QR codes linking to even extra extensive facts.
SB-52 does not list every single and each and every type of Hemp CBD item that might be sold, but subsequent legislation has clarified the state’s position on specific goods. Earlier this year, the state passed SB-516, which amongst other items, tends to make clear that smokable hemp is not a permitted item in Indiana. “Smokable hemp” is defined broadly and arguably incorporates each flower goods and vape goods.