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Home > Blog > Criminal Defense > Is CBD Oil Legal in Indiana?

Is CBD Oil Legal in Indiana?

CBD cannabis OIL. Cannabis oil in pipette, hemp product. Concept of herbal alternative medicine, cbd oil, pharmaceutical industry

Marijuana laws across the country are being modified to allow those with serious medical conditions to benefit from its use, both medicinally and recreationally. However, up until 2018, Indiana did not allow any type of marijuana possession or use, in any form. Below, we discuss how the law has changed in Indiana, and what that means for those interested in using cannabidiol (CBD) oil.

CBD Oil Laws as of 2018

CBD is a component derived from the cannabis plant. Although many people report that the effects of their medical conditions are diminished with CBD oil, this isn’t due to the high that individuals who use marijuana experience when consuming the drug. Tetrahydrocannabinol (THC) is the component of marijuana the produces a high, and CBD oil does not contain this component.

For this reason, as of July 2018, Indiana residents are able to consume, possess, sell, and buy CBD oil. Senate Bill 52 allows this, as long as the CBD oil in question is labeled correctly and does not contain more than 0.3 percent of THC.

Furthermore, the bill maintains that CBD oil products have a QR code on the label and that the labels list the name of any companies that manufacture the ingredients used. In fact, if a company wants to sell CBD oil in Indiana, they need to develop these specific labels in order to do so. Following these laws, anyone of legal age can use, sell, and produce CBD oil.

When You Might Need an Attorney

Although it is now legal in Indiana to consume and sell CBD oil, you need to follow the bylaws of Senate Bill 52. Failure to do so could result in serious consequences.

For example, if a retailer has been issued a license to sell CBD oil, but the product they’re selling has been fraudulently labeled as having a low THC level, the merchant can expect to have their license revoked. They could be subject to additional penalties.

Similarly, if a retailer has been masquerading as selling CBD oil, but is actually selling marijuana, they will face level 5 felony charges, punishable by up to six years in prison and fines of up to $5,000.

There is also the possibility that you could be charged with a Class A misdemeanor if you are a retailer that is packaging marijuana as a low-THC CBD oil. Class A misdemeanor charges can result in penalties that include a $5,000 fine and up to a year in jail.

Reach Out to an Indiana Criminal Defense Lawyer

If you find yourself in a situation where you’re facing charges for possessing, manufacturing, or using CBD oil, you’ll need a qualified Indiana criminal defense lawyer at Rowdy G. Williams Law Firm ready to represent you in court.

You can reach our office to schedule an initial consultation today by calling 812-232-7400 or by completing the convenient contact form included at the bottom of this page.

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