Indiana maintains some of the strictest marijuana laws in the country, with no adult-use or medical marijuana program. Hemp-derived THC, however, is legal when it meets the state’s definition of low-THC hemp extract, which has allowed a large market to develop.
How federal law applies:
- The 2018 Farm Bill. The Farm Bill removed qualifying hemp, defined as cannabis containing no more than 0.3% Delta-9 THC by dry weight, from federal marijuana control under the Controlled Substances Act.
- Federal food law. That change did not make every hemp THC beverage lawful under all federal law. The FDA states that adding THC or CBD to food introduced into interstate commerce is prohibited under the FD&C Act, absent an applicable exception.
How Indiana defines legal hemp products:
Indiana defines qualifying low-THC hemp extract as a product containing no more than 0.3% total Delta-9 THC, including precursors, by weight. Because precursors such as THCA count toward the total, this is a stricter measure than Delta-9 THC alone.
What Indiana requires today:
- Certificates of analysis. Qualifying low-THC hemp extract must have a certificate of analysis establishing, among other things, its THC concentration.
- Packaging and labeling. Packaging must include batch information, an expiration date, manufacturer information, and access to the COA.
- Expiration dates. Indiana requires an expiration date no more than two years from manufacture.
What Indiana does not have:
- No beverage-specific milligram cap. State law sets no per-can THC limit for hemp beverages.
- No THC retailer license. Indiana has not adopted the comprehensive licensing framework proposed in SB 250.
- Few sales channel restrictions. THC drinks are sold at grocery stores, breweries, liquor stores, and hemp shops.
- No comprehensive statewide 21+ regime. Indiana has not adopted the statewide 21+ hemp sales framework proposed in SB 250, although certain store-access rules apply and many retailers, including Sun King, sell THC seltzers as 21+ products.
The concentration threshold:
Because the 0.3% limit is measured as a concentration by weight, a 12-ounce (roughly 340-gram) beverage can contain several milligrams of THC while staying under it. This is how beverages with 5 to 25 mg of THC per can have reached Indiana shelves.