Republican Gov. Eric Holcomb on March 21, 2018 signed into law Senate Enrolled Act 52 that legalized CBD oil. An official opinion by Republican General Curtis Hill that suggested the marijuana-related product could not be consumed or sold in Indiana.
The General Assembly overwhelmingly overruled the attorney general’s announcement by approving the CBD legislation 97-0 in the House and 36-11 in the Senate.
Holcomb said that he was extremely grateful for the General Assembly's hard work to bring him a bill that addressed the needs expressed by Indiana’s citizens.
Under new law, which took effect immediately, there are now no limits on CBD sales through June 30th given that the product contains less than 0.3% THC (which is the cannabis component that produces a “high”).
CBD retailers can only sell CBD products that satisfy the new state testing and packaging specifications. It also needs to include a certification that the product is derived from the hemp plant and not marijuana.
The new law also states that retailers who knowingly sell marijuana masked as CBD oil can be charged with a Level 5 felony punishable by up to six years in prison and a $10,000 fine. An individual who possesses marijuana made to look like CBD may face a Class A misdemeanor with up to a year in jail along with a $5,000 fine.
Gov. Holcomb and Hammond mayor Thomas McDermontt Jr. said that the new law is “outstanding”. McDermott additionally stated that the CBD controversy this past year was the fault of Curtis Hill. “He [Curtis Hill] wants to be loyal to Donald Trump and the hard right-wing by taking a hard stance on something that couldn’t get you high even if you drank a whole bottle of it. Never made sense to me other than political grandstanding.”
It’s a huge win for Holcomb and all Hoosiers who expressed their need for CBD products. “I appreciate the governor and the Legislature doing the right thing and making a natural, herbal remedy available for pain relief.”