THC in Indiana

Indiana presents a complex legal landscape where hemp-derived THC exists in a contested gray area. While Senate Bill 516 (2019) legalized hemp and hemp-derived products containing less than 0.3% Delta-9 THC, Indiana Attorney General Todd Rokita issued an official opinion in 2023 stating that Delta-8, Delta-10, THC-O, and THC-P are controlled substances under Indiana Code, even when hemp-derived. The opinion argues these compounds fall outside the definition of "low THC hemp extract" despite no explicit legislative ban. This has led to ongoing litigation, with hemp companies challenging the interpretation in federal court (dismissed in 2025, may be refiled in state court). Law enforcement agencies have sent warning letters to retailers, creating uncertainty for businesses. The Indiana legislature has remained deadlocked on clarifying legislation, with the House and Senate taking different positions.