Is it legal to sell smokable hemp? Our cannabis and hemp CBD attorneys are asked this question frequently. Without fail, their answer is it that depends on where you want to sell smokable hemp. (We provide a CBD Risk Matrix 50-state survey of the rules and regulations governing the sale of smokable hemp and other Hemp CBD products including ingestible and cosmetic products). Because state laws, rules, and regulations are changing frequently, sometimes in connection with litigation, we research and update the entries for each state on a monthly basis.
This post is about Indiana, which prohibits the sale of smokable hemp, and a lawsuit that seeks to overturn that prohibition. A bit of background will be helpful. As we wrote in July 2020:
Indiana has long been at the forefront of hemp product regulations. Two years ago in 2018, Indiana passed a comprehensive law that regulated low-THC hemp extracts. At the time, state-level regulation of CBD was mostly limited to medical marijuana programs in conservative states that only allowed CBD extracts for use by medical patients. Very few states were making the distinction for CBD derived from hemp (Hemp CBD) and fewer still were imposing manufacturing,