A backer of the ban on THC products complained that lawmakers would end the session “without doing anything” about hemp.
By Leslie Bonilla Muniz, Indiana Capital Chronicle
Indiana bans synthetic and intoxicating drugs derived from hemp he was dead for less than a week before he was resurrected and died again—this time, at least until the next year.
Indiana will go another year without a 21-plus age limit on intoxicating hemp products, Sen. Aaron Freeman, R-Indianapolis, complained Friday.
Lawmakers have tried time and time again regulate delta-8, TCHA and other powerful cannabinoid productswho have been in a legal gray area for eight years. THC is the active ingredient in marijuana, which remains banned at the federal level and in the Hoosier State.
Indiana’s efforts have consistently failed amid House and Senate gridlock over how expansive or restrictive the state’s vision should be.
Freeman’s Senate Bill 250 took a tougher tone, reflecting Congress’ closing of a so-called loophole in the 2018 Farm Bill. That law defined legal hemp as any part of the plant containing less than 0.3 percent delta-9 THC by dry weight, sparking a booming industry of other intoxicating cannabinoids.
A federal funding law passed in November specifies that all types of THC count. It also limits THC products to just 0.4 milligrams per container, and completely bans those made in labs. It will come into effect next November.
Freeman said lawmakers would end the legislative session “doing nothing” about hemp, leaving the state statute inconsistent with the federal one. The Supremacy Clause of the US Constitution says that federal law wins over conflicting state codes, but Freeman was still concerned.
“Right now, marijuana is illegal, (but) tell that to any state that has legalized it. Don’t tell that to California; they don’t care,” he said. “So they’re saying we’re not following federal law. Now, I think that’s a really dangerous precedent. … And by the way, Indiana is going to be in that category in November, and that’s scary to me.”
The Indiana bill also established a regulatory scheme for any low-wattage product on the market, notably with a long-standing age requirement.
Industry representatives previously testified that customers would not want THC products that do not produce the drug. The legislation would not affect CBD, which is not intoxicating.
It cleared the committee stage and then passed the Senate on a 35-15 vote. The bill reached the House floor but was not called for second reading before a key deadline on Monday.
“Another example of what we need to have a unicameral Legislature,” he told the Capital Chronicle at the time.
Legislators from the four groups met in conference committee on Thursday to unveil plans for the divestment. Senate Bill 144 incorporating its provisions and the Senate-passed version of Freeman’s bill. But he was not on the conference committee the report He was released on Friday afternoon.
Rep. Elizabeth Rowray, R-Yorktown, said it was the third version of the CCR and acknowledged that the hemp drug ban was “added” and “was later removed.”
Indiana is among 10 states that do not allow the sale of medicinal and recreational herbs. The state has stubbornly resisted efforts to legalize marijuana—even the Republicans.
President Donald Trump signed an executive order in December to reclassify marijuana as a less dangerous drug, but that hasn’t been finalized yet.
This story was first published by the Indiana Capital Chronicle.