If you’re in Indiana and curious about using or selling Delta‑8 THC products, you’re right to ask — the laws are evolving rapidly, and what was once “widely available” is now under sharper scrutiny. Knowing the current legal landscape helps protect you from surprises.
Key Facts You Should Know
- Indiana’s definition of low‑THC hemp extract requires the product to contain ≤ 0.3% Delta‑9 THC by weight.
- In 2023, Indiana Attorney General Todd Rokita issued an official opinion declaring that Delta‑8 THC meets the state’s definition of a Schedule I controlled substance.
- While not legislative law, this opinion still guides prosecutors and law enforcement.
- Legislation such as Senate Bill 478 is currently under consideration (2024‑25) to regulate hemp‑derived intoxicants—including Delta‑8—covering age limits, packaging, testing, and retail permits.
What Is Delta‑8 THC? (Definition & Hemp Loophole)
Delta‑8 THC (Δ⁸‑tetrahydrocannabinol) is a cannabinoid found in hemp and cannabis plants, albeit in trace amounts. Because the federal Agriculture Improvement Act of 2018 (Farm Bill) defined hemp as cannabis with ≤ 0.3% Δ⁹‑THC, many hemp‑derived cannabinoids—such as Delta‑8—have been marketed as “legal.” However, states are free to interpret their own laws and classifications.
Indiana’s Legal Status & Official Opinion
Indiana law currently allows “low‑THC hemp extract” when the product meets the defined threshold.
But—here’s the caveat: In 2023, the Attorney General’s office stated that products containing Delta‑8 THC do not fit within the “low‑THC hemp extract” definition, because the law does not clearly carve out Delta‑8 separately. Thus, under this opinion, Delta‑8 may be treated as a Schedule I controlled substance in Indiana.
This means: while no statute explicitly bans Delta‑8 in all forms, the risk of enforcement and prosecution is high. Many retailers have already received letters warning of criminal liability.
Enforcement Reality: Retailers, Possession & Current Cases
- Many Indiana convenience stores, vape shops, and gas stations sold Delta‑8 openly until authorities ramped up enforcement.
- A federal judge in March 2025 dismissed a lawsuit challenging Indiana’s regulatory stance, signalling that legal clarity is still pending.
- If you purchase or possess Delta‑8, you could face legal risk—especially if the product is mislabeled, contains excess Δ⁹‑THC, or is sold by a non‑compliant vendor. A test by Indiana State Police found illegal Δ⁹‑THC levels in some Delta‑8‑labeled products.
What To Consider Before Buying or Using
- Check the certificate of analysis (COA): Product should show precise Δ⁹‑THC content and testing data.
- Understand local jurisdiction: Some Indiana counties enforce stricter rules than others; just because you see it in a store doesn’t equal immunity.
- Realize drug‑test risk: Standard THC tests usually detect Δ⁹‑THC metabolites; Delta‑8 use (especially in products with higher Δ⁹‑THC) may still lead to positive results.
- Choose trusted brands & transparent labeling.
- Stay updated: The law and regulatory environment is changing—what’s tolerated now may shift rapidly.
Frequently Asked Questions (FAQ)
Q: Is Delta‑8 legal in Indiana?
A: Not clearly. Although federal hemp law allows hemp‑derived cannabinoids, Indiana’s Attorney General has stated that Delta‑8 THC falls outside the state’s low‑THC hemp extract definition—making it effectively a controlled substance under state law.
Q: Can stores still sell Delta‑8 in Indiana?
A: Some currently do, but the risk of enforcement is high. Retailers may face criminal or civil liability under state law.
Q: What happens if I’m caught with Delta‑8?
A: Potential legal exposure exists, but much depends on local enforcement, product quality, and whether Δ⁹‑THC levels were exceeded.
Q: Will Delta‑8 show up on a drug test?
A: Yes—because standard tests detect THC metabolites and may not differentiate the isomer type, usage of Delta‑8 could result in a positive THC screen.
Conclusion: Wise Navigation Over Assumed Freedom
The legal landscape of Delta‑8 THC in Indiana is not a simple “yes” or “no.” It’s a gray zone—legal under federal hemp law, yet fraught with state‑level opinions, local enforcement variation, and uncertain product quality.
Your most responsible approach? Assume risk exists, then apply discipline, transparency, and quality control in every step. Purchase from vendors with trusted COAs, keep receipts, avoid crossing state lines with products, and stay alert for changing legislation.
At Burning Daily, we don’t promote the boldest experience—just the smartest one. Stay informed, stay compliant, and let your wellness path be defined by clarity, not chance.