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Can you get a prescription for cbd oil in indiana

CBD Oil in Indiana [Your Up-to-Date Buyer’s Guide]

The disconnect between state and federal law causes issues in many ways. This is particularly the case for hemp and marijuana. The latter is a federally illegal substance, yet a majority of states have MMJ programs.

Hemp is now legal to cultivate federally, and as of 2021, every state had signed up for the program. However, CBD is not federally legal but is permitted in most states. The thing is, very few states have specific legislation that legalizes cannabidiol! This confusion is part of why we have created a series of guides on whether you can buy the compound in each state. Today, we look at the situation regarding CBD oil in Indiana.

First, let’s find out if cannabis is legal there.

What Are the Marijuana Laws in Indiana?

Indiana was one of the first states to ban marijuana sales without a prescription in 1913. For a century, it stood firmly against making any changes to its draconian laws. The first attempt at decriminalization only occurred in 2013, and it didn’t make it out of the committee stage.

Two years later, the first bills to legalize MMJ in Indiana were introduced to the House and Senate. However, the House bill failed, and the Senate bill never received a hearing. There was little action in the following years, and it seems as if little will change in the short to medium term.

Indiana was one of the first states to ban marijuana sales without a prescription in 1913.

Ten bills directly related to cannabis’ decriminalization, legalization, and regulations were introduced to the House and Senate in 2021. However, only one, Senate Bill 201, made it to the governor’s desk.

It provides a defense against prosecution for anyone who operates a vehicle with marijuana or its metabolites in their blood under certain circumstances. It is only a usable defense if the individual isn’t intoxicated at the time of arrest, didn’t cause an accident and a chemical test identifies the substance.

Unfortunately, House Bill 1028, which would make the possession of small amounts of marijuana an infraction, did not make it past the Committee on Corrections and Criminal Law. Neither did bills looking to introduce a marijuana pilot program and decriminalize up to two ounces of the substance.

Cannabis Penalties in Indiana

At present, Indiana is one of the few states that doesn’t decriminalize cannabis. As such, it is one of the strictest anti-marijuana locations in America. The possession of any amount of cannabis is a Class B misdemeanor. You could receive a maximum fine of $1,000 and up to 180 days in prison.

The possession of 30+ grams of cannabis is a Class A misdemeanor. This comes with a possible $5,000 fine and a jail term of up to 365 days. Individuals with a previous marijuana offense caught with 30+ grams are charged with a Level 6 Felony. This could lead to a $10,000 fine and up to 30 months in jail.

The sale or cultivation of marijuana is a misdemeanor as well. It becomes a felony if 30+ grams of cannabis is involved.

With such harsh marijuana penalties, does Indiana at least allow the use of CBD oil?

Is CBD Oil Legal in Indiana?

Yes, CBD is legal in Indiana as long as it comes from industrial hemp rather than cannabis. Indiana maintained a strong anti-cannabinoid stance for a long time.

It only changed in April 2017 when Governor Holcomb signed HB 1148. It legalized the use of CBD oil from hemp containing a maximum of 0.3% THC. However, that particular Indiana law only permitted the use of CBD for people with uncontrollable seizures. The new law went into effect in July 2017.

Indiana residents didn’t have to wait long for further developments. Governor Holcomb signed Senate Enrolled Act No. 52 into law in March 2018. This legislation permits the sale and use of CBD for any purpose. The main caveats are that the cannabinoid must come from hemp and contain a maximum of 0.3% THC by dry weight.

It is also important to note that there are now possession limits for hemp-derived CBD in Indiana. Please note that Indiana lawmakers also passed SB 516. It bans the use of smokable CBD flowers. On the plus side, it seems as if there’s no state ban on CBD in cosmetics, food, or beverages, which is good news for sellers.

CBD Oil Regulations

In some states, the CBD industry is the subject of lax oversight. It is a different situation in Indiana, however. Only CBD products analyzed by an independent testing laboratory and packaged with certain information on a label or QR code are permitted for sale in Indiana. Products must contain the following details:

  • Product and manufacturer name
  • Ingredients
  • Expiration date
  • Batch number, size, and date
  • Quantity of extract per product
  • A scannable link to a certificate of analysis (COA) proving the product has less than 0.3% THC
  • A statement confirming that there is less than 0.3% THC by dry weight in the product
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Industrial Hemp in Indiana

Governor Mike Pence signed IC 15-15-13 into law in 2014. Also known as the Industrial Hemp Act, the legislation authorized the provision of licenses for hemp cultivation. However, you could only get a license if cultivating the crop for research purposes in a partnership with Purdue University. The law didn’t allow consumers to purchase hemp products.

It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth and cultivation. SB 516 mandated creating the Indiana Advisory Committee, which is involved in developing rules for the state’s hemp program. By 2019, it was possible to cultivate hemp in the Hoosier State.

It was only with the passing of the 2018 Farm Bill that Indiana finally allowed industrial hemp growth.

Those interested in growing hemp must get a license from the Office of Indiana State Chemist (OISC). The cultivation of hemp without this license is treated as the same offense as growing marijuana. The recent availability of general grower’s licenses should help the state’s hemp program expand.

If you apply for a growing license, you must include the GPS coordinates of where you intend to cultivate the crop. You must also give written consent for a background check (which can take up to three months), pay a fee, and provide a signed statement saying you haven’t been convicted of a drug-related misdemeanor or felony in the last ten years.

By 2021, the acreage registered for hemp farming in Indiana was 8,900 acres outdoors. Indoors, approximately 1.7 million square feet is registered for hemp cultivation. However, farmers struggle to keep their crops below the THC limit, and hemp is regularly destroyed for exceeding the 0.3% limit.

Where to Buy CBD Oil in Indiana

You can buy hemp-derived CBD from a wide variety of physical stores. Even large chains such as Whole Foods and Walgreens sell CBD oil. Remember, CBD sold in Indiana must meet specific guidelines, or else the seller is acting illegally.

What’s the truth?…

It is easy to find CBD oil online too, but not every brand meets Indiana state guidelines. If you purchase CBD from an online store, make sure the company offers COAs with every batch. They also need to prove that their products contain a maximum of 0.3% THC and come from hemp.

What Are the Best CBD Oil Indiana Stores?

Remember, when it is time to buy CBD oil in Indiana, stick with physical stores that have a solid reputation for quality. Do not purchase CBD from any shop that doesn’t offer COAs, and focus on brands that use CO2 extraction, although ethanol is acceptable in some circumstances.

In general, online stores provide a better choice of products and better value for money. However, there are some high-quality CBD stores in Indiana. Here are ten we’ve picked out.

2704 Lincoln Ave, Evansville, IN 47714, United States

B-Town Botanicals Hydroponics & CBD

339 E Winslow Rd, Bloomington, IN 47401, United States

Crush Vapor & Smoke Shop

215 N Stockwell Rd, Evansville, IN 47715, United States

Dragon Smoke & Vape Shop

10535 E Washington St, Indianapolis, IN 46229, United States

Epic Vapes Fort Wayne

3120 St Joe Center Rd, Fort Wayne, IN 46835, United States

3615 N Clinton St #1822, Fort Wayne, IN 46805, United States

Indy Vapor Shop

4930 Lafayette Rd, Indianapolis, IN 46254, United States

Puff ‘N Stuff Vapor

2163 E Morgan Ave, Evansville, IN 47711, United States

Vape & Smoke South Bend

1404 N Ironwood Dr, South Bend, IN 46635, United States

Xpress Tobacco Outlet

622 S Rangeline Rd, Carmel, IN 46032, United States

You can also purchase CBD online from top-rated brands such as:

Do You Need a Prescription for CBD Oil in Indiana?

No. If you are old enough to purchase CBD oil in Indiana, there is no doctor’s recommendation requirement. However, the parents/guardians of minors may need to get in touch with a physician to see if they can persuade stores to give the child CBD. A growing body of evidence suggests that cannabidiol could help reduce the frequency and severity of seizures in epilepsy patients, for example.

How Old Do You Have to Be to Buy CBD in Indiana?

At present, there is no codified requirement regarding the age limit for buying CBD in Indiana. However, practically every physical store in the state will refuse to sell to anyone under 18. Most businesses are understandably reluctant to allow minors to buy a product that isn’t FDA approved. Indeed, many CBD sellers in Indiana will only sell to people aged 21+ and ask for ID.

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Final Thoughts on CBD Oil in Indiana

If you live in Hoosier State, you are free to purchase CBD oil. Just make sure it is derived from hemp and contains a THC level below the maximum limit.

It is a very different story if you’re looking for marijuana. Indiana remains one of the strongest anti-cannabis states. It hasn’t even decriminalized the substance. As a result, being caught in possession of even one gram of marijuana is potentially enough to warrant a prison sentence.

CBD OIL in Indiana: What you should know

Indiana Attorney General Curtis Hill recently stirred confusion and debate regarding the legality of concentrated hemp extract, commonly referred to as Cannabis Oil or CBD oil. Most forms of CBD oil do not contain any THC (tetrahydrocannabinol), the chemical in marijuana responsible for psychoactive effects. It is unclear whether our AG and our Governor support the use of non THC containing CBD oil. Recent research supports the use of CBD oil as a nutritional supplement for those who suffer with pain, anxiety, autism, cancer, and most prominently, seizure disorders like epilepsy. Local news media report conflicting opinions between Governor Eric Holcomb and Attorney General Curtis Hill, leaving both retailers and consumers unsure of whether their favorite CBD oil product will continue to be available. Technically, CBD oil is legal in all 50 states as long as it’s derived from industrialized hemp and contains less than .3 percent THC. This will be a priority topic for the upcoming 2018 legislative session.

For Hoosiers using CBD oil regularly to control epilepsy, the current legal ambiguity is cause for serious concern.

Parents like Jade and Lelah Jerger.

On September 20, 2017 Indiana Department of Child Services (DCS) opened a file on Jade and Lelah Jerger, parents of Jaehla Jerger, 20 months, with epilepsy. Riley Hospital for Children in Indianapolis reported the Jergers to DCS, accusing them of medical neglect for using Charlotte’s Web CBD oil containing 2mg of THC to assist with the toddler’s myoclonic seizures, when the prescribed pharmaceutical drug Keppra failed. Despite experiencing alarming side effects from the medication, DCS demanded weekly monitoring to prove the child was still using the prescription drug and also directed the family to specific medical centers and physicians, removing all medical decision making power from Jade and Lelah Jerger. Failure to comply would result in the toddler’s removal from her parents’ care.

On September 25, 2017 Indiana For Medical Freedom issued an official statement condemning DCS for their overreach and demanded the case be closed. Indiana For Medical Freedom provided the Keppra package insert to Indiana State legislators, by request, along with three studies showing the medication was contraindicated for Jaelah’s care.

On October 2, 2017 DCS closed the Jergers’ case due to “refuted evidence.”

The Jergers’ story made national news, sparking outrage among citizens who stand for parental rights and medical freedom. Lelah Jerger is forced to dispense her CBD oil across state lines or switch to a non THC CBD oil, taking a risk that it might not be as effective on her toddler’s seizures.

As a supporter of Indiana for Medical Freedom, we implore you to contact your legislators and refute the vilification of CBD oil. Removing it from our already limited natural medical treatments strips our ability to govern our own bodies.

We also encourage our readership to research scientific studies and critically evaluate the financial interests of those who govern us. On October 10, 2017 Indiana University and Indiana Governor Eric Holcomb announced that Indiana University donated $50 Million to the State of Indiana to combat Indiana’s opiate crisis. What’s IU’s motivation for the generous donation? A simple internet search reveals that IU’s Department of Biomolecular Science has conducted studies using both synthetic CBD and natural CBD on mice. This research could imply a vested interested in destroying CBD oil in favor of their own synthetic, and more profitable and patentable, product. This places the pharmaceutical industry in the position of both opiate addiction cause AND solution; profiting on both ends of the opioid crisis. It’s widely known that the entire IU Health network, including Riley Children’s Hospital and IU School of Medicine, opposes medical marijuana, which could be a result of placing its financial interests above patient care. Currently, CBD oil is the only non-opioid treatment available for addicts. Governor Holcomb and State Senator Jim Merritt (Narcan Proponent) aren’t interested in litigation against the manufacturers of opiates like New Hampshire, Pennsylvania, Ohio, Texas and Georgia. Drug manufacturers are not held responsible for their role in opioid addiction. The drugs were originally developed to assist in end of life, last resort pain management when addiction is not an issue. Routine surgeries, chronic pain and other common ailments aren’t reason enough to prescribe addictive pain medications, but drug companies fail to educate doctors on the appropriate distribution. The five states listed above have taken legal action against the pharmaceutical manufacturers in order to help cover the costs of dealing with the opiate crisis. The question remains why Governor Holcomb did not pursue a similar solution for Indiana and instead chose to accept the $50 million from Indiana University. An examination into his financial ties to Pharma might be needed.

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According to the Journal of the American Medical Association (article below), states with legalized medical marijuana are reporting a significant reduction in opiate overdoses. Unfortunately, it appears that the pharmaceutical lobby’s financial power (which doubles that of the mighty Oil Industry) easily overpowers taxpayer preferences.

A strong citizenry is an educated citizenry. IFMF encourages you to arm yourself with information and learn to connect the dots. With 1 in 13 children suffering from chronic health issues and 120 million Americans on prescription drugs, it’s time to demand better health care, especially the freedom to choose your preferred method of medical treatment. Parents of sick children won’t tolerate the government standing between them and healing their children.

For additional reading:

Get involved. Contact your state representatives before the next General Assembly. For inspiration, see the letter written by Lelah Jerger below.

“Governor Eric Holcomb,

Something has to be done on an emergency session. Our current CBD law is a direct violation of our rights. We had to fight to keep our daughter in our home after being reported for using Charlotte’s Web hemp extract to treat our daughters epilepsy. You say that CPS acted appropriately but you have no idea the threats that were used if we did not comply with them. Would you want your child’s blood drawn WEEKLY to prove a drug was in her system? Would you want someone to force you to send your child to a doctor of THEIR choice? Would you want to keep your child on a medication that caused horrible side effects if a safer alternative that WORKS is available?

This is what YOUR agency came into our home with. The fear that we, not only my husband, Jaelah, and I had to endure, but also our three other children was uncalled for. We had to hold our 10 year old daughter while she cried because she feared they would take her and her brother and sisters. All because we decided to forego traditional medications.

It should be our right as parents to choose medical treatment and which doctors we take our children to. Not anyone else’s.

The Attorney General’s statement has made the fear real again. We are working on getting Jaelah on the registry because her doctor DOES agree with the treatment, but since we were threatened with removal of our daughter if we took her anywhere else but Norton’s in Kentucky, we do not have an Indiana-licensed physician yet. This is what YOUR agency did.

And what happens in the mean time? Do we stop treatment on Jaelah until she is officially on the registry? Do we let her continue to have seizures because legally we can’t give her her treatment? The treatment her doctor agrees with. What would you do if this was your child.

The current law has forced us to divide our family over the Thanksgiving holiday because I had to go somewhere that I could legally give Jaelah her treatment. While you were comfortable in your home surrounded by your family, mine was torn apart.

This is America, the land of the free. However, we aren’t free. We aren’t free to make any decisions on our own without fear of government involvement. This is what our state has become. It does NOT work.

What are you going to do about it?”

Indiana For Medical Freedom stands with The Jergers and ALL families negatively affected by this issue and we respectfully request that you immediately address this issue in a manner that benefits citizens; not the pharmaceutical lobby, not Indiana University, not IU School of Medicine, and not Riley Hospital.