Is THCA legal in Indiana? Indiana hemp, CBD and smokable hemp laws

The law in Indiana

Indiana uses two definitions. Hemp the plant, in IC 15-15-13-6, holds no more than 0.3 percent delta-9 THC on a dry weight basis; the Court of Appeals has read that line as delta-9 only. Consumer products are low THC hemp extract, now IC 35-48-1.1-27: hemp-derived products with no more than 0.3 percent total delta-9 THC including precursors, by weight, and no other controlled substance.

Low THC hemp extract is left out of Indiana's definition of a controlled substance and of marijuana. The statute's word "precursors" is what brings THCA into the total; no Indiana statute names THCA.

1. July 1, 2019Indiana's smokable hemp ban and its hemp licensing changes are enacted (P.L.190-2019).
2. February 22, 2021A federal court denies a renewed request to block the smokable hemp ban.
3. January 12, 2023Attorney General's Official Opinion 2023-1: delta-8 and other THC variants are Schedule I.
4. May 6, 2025The Court of Appeals reinstates THC charges over delta-8 cartridges in State v. Dickens.
5. January 28, 2026SB 250, regulating hemp THC products and online sales, passes the Senate; it dies in the House.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

The smokable hemp ban

Smokable hemp is any product with THC up to the hemp limit in a form meant to be inhaled as smoke, including hemp bud and hemp flower. Making, delivering or possessing it is dealing in smokable hemp, a Class A misdemeanor under IC 35-48-4-10.1. The only exception is a shipment from a licensed producer in another state passing through Indiana to a licensed handler. Hemp bud and flower may be sold only to a licensed processor.

Hemp businesses challenged the ban in federal court in 2019. The Seventh Circuit reversed the first injunction in July 2020, and on February 22, 2021 the district court denied a renewed request. The ban is in the 2026 Indiana Code.

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Labels, lab reports and age

Anyone who distributes low THC hemp extract in Indiana needs a certificate of analysis from an independent ISO 17025 lab showing the batch's total delta-9 THC and CBD. IC 24-4-21-4 requires the package to carry:

• a QR code or bar code linked to the batch number, dates, ingredients and a download link for the certificate;
• the batch number, a website for batch information and an expiration date no more than two years from manufacture;
• the milligrams of extract, the manufacturer, and a statement that it holds no more than 0.3 percent total delta-9 THC.

Indiana requires no retail license for hemp extract and sets no minimum age. Bills that would have set 21, SB 138 and SB 478 in 2025 and SB 250 in 2026, all died. The Office of Indiana State Chemist licenses growers and handlers and says it does not regulate finished hemp products.

Delta-8 and food

The Attorney General's Official Opinion 2023-1 concludes that delta-8 THC, other THC variants and designer cannabinoids are Schedule I controlled substances, and that the hemp exceptions do not apply to them. An Attorney General's opinion is advisory. In State v. Dickens, decided May 6, 2025, the Court of Appeals reinstated THC charges over delta-8 vape cartridges, saying whether they were a controlled substance or low THC hemp extract was a question of fact.

No Indiana statute allows or bars low THC hemp extract in food. The Department of Health's handbook for home-based vendors lists CBD, delta-8 and delta-9 as not approved ingredients.

Kratom, kava, amanita and spores

Indiana lists mitragynine and 7-hydroxymitragynine as synthetic drugs, which are Schedule I. A 2025 bill to allow kratom products, HB 1542, died.

We found no Indiana statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Indiana's own limits apply beside it. Read the federal page and What's changing on December 11.