Indiana remains one of the states with strict laws banning both recreational and medical use of marijuana by residents and visitors. Anyone caught in possession of THC products faces arrest and potential conviction in the criminal courts.
But there may be some confusion over the possession, sale and use of products labeled “Delta 9.” What does Indiana law say about these THC-infused edibles and plant material?
Delta 9 is legal here in Indiana
According to Indiana Criminal Code 15-15-13 and as covered by the 2018 Farm Bill, hemp products (including “buds” and all edibles) with concentrations less than .3% of Delta 9 THC are legal to sell, buy, possess and use here in Indiana for those age 21 and older.
In fact, you may have seen them openly displayed for sale at smoke shops and even convenience stores. If you are of age, you can safely buy and use these products responsibly.
How Delta 9 might still get you into trouble with the law
The very qualities of Delta 9 that make it attractive to those seeking a legal alternative to marijuana could still expose you to legal problems. For instance, upon visual inspection by law enforcement officers, legal Delta 9 plant material is indistinguishable from illegal marijuana. Ditto for the edibles that you legally purchased.
One way to potentially forestall an arrest for possession of marijuana is to always keep the legal products in their original wrapper or container. But in some cases of overzealous policing by law enforcement, that might not be enough to prevent an arrest for possession.
What you should know if stopped by police
Driving while under the influence of any intoxicating substance, legal or not, is grounds for arrest. However, if you are sober and get arrested for possession of a legal substance, knowing your rights and responsibilities under the law may bring you a better outcome for your criminal case.