Indiana’s low-THC hemp extract law allows the sale and possession of hemp-derived products containing no more than 0.3 percent delta-9 THC, provided the product meets the state’s packaging, labeling, testing, and retailer-registration rules set out in Indiana Code chapters 24-4-21 and 24-4-22. Products that miss any of those requirements, and whole categories of hemp-derived compounds like delta-8 and smokable flower, remain illegal in the state.
What Counts as Legal Hemp Extract in Indiana
Legal low-THC hemp extract is a substance derived from the Cannabis sativa L. plant that contains no more than 0.3 percent total delta-9 THC, including precursors, by weight, and no other controlled substances. “By weight” means THC is measured against the full weight of the finished product, carrier oils and other ingredients included.1Indiana General Assembly. Indiana Code 24-4-21-4 – Packaging Requirements
A hemp extract product can be distributed in Indiana in one of two ways: it has been approved by the FDA or DEA as a prescription or over-the-counter drug, or it satisfies every requirement in chapter 21 of the trade regulation code.2Indiana General Assembly. Indiana Code 2025 – Title 24 – Trade Regulation Nearly every retail CBD product on an Indiana shelf relies on the second path. A product that tests under 0.3 percent but skips the packaging, labeling, or testing rules is not legally compliant, no matter how clean the extract itself may be.
Cross the 0.3 percent line and the product is marijuana under Indiana law. Possession is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.3Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia4Indiana General Assembly. Indiana Code 35-50-3-3 – Class B Misdemeanor The charge rises to a Class A misdemeanor if marijuana was packaged to look like legal hemp extract and the person knew or should have known what it really was.
What the Law Does Not Cover
The hemp extract carve-out is narrow. Several hemp-derived products Hoosiers see online or in neighboring states are not legal here.
Delta-8, Delta-10, THC-O, and THC-P
In a 2023 official opinion, the Indiana Attorney General concluded that delta-8 THC, delta-10 THC, THC-O, and THC-P are Schedule I controlled substances under state law.5Indiana General Assembly. Official Opinion 2023-1 – Tetrahydrocannabinol Variants and Other Designer Cannabinoid Products Indiana’s schedule covers tetrahydrocannabinols along with their synthetic equivalents, derivatives, and isomers. Compounds like delta-8 occur naturally in hemp only in trace amounts, so commercial production requires chemical conversion from CBD, which the state treats as creating a synthetic substance. THC-O does not occur in the cannabis plant at all and is always synthetic.
Federal Farm Bill arguments do not change the Indiana analysis. A retailer stocking delta-8 gummies or THC-O cartridges is taking a serious legal risk.
Smokable Hemp Flower
Indiana bans smokable hemp outright. The definition captures any hemp-derived product with 0.3 percent or less delta-9 THC in a form that lets THC enter the body through inhaled smoke, which includes hemp buds and flower. Selling or possessing smokable hemp is a Class A misdemeanor, with up to one year in jail. A low lab result does not save the product; the smokable form itself is prohibited.
How to Tell a Compliant Product on the Shelf
Indiana’s labeling rules are detailed, and they give consumers a real way to check what they are buying. Every container of low-THC hemp extract sold at retail must show seven items on the physical label:1Indiana General Assembly. Indiana Code 24-4-21-4 – Packaging Requirements
- A scannable bar code or QR code linking to batch information
- The batch number
- A website address where batch information can be looked up
- An expiration date no more than two years after the date of manufacture
- The milligrams of hemp extract in the product
- The manufacturer’s name
- A statement that the product contains no more than 0.3 percent total delta-9 THC, including precursors, by weight
Behind the QR code, the manufacturer must post the batch’s full details: product name, batch date, expiration, batch size, total quantity produced, a complete ingredient list with each ingredient’s manufacturer and lot number, and a downloadable certificate of analysis.
That certificate of analysis is the single most useful document for a cautious buyer. It has to come from an independent lab with no financial interest in the manufacturer, and it must confirm that a random sample from the batch was actually tested, that the batch held no more than 0.3 percent total delta-9 THC (including precursors) by weight, and the percentage of CBD present.2Indiana General Assembly. Indiana Code 2025 – Title 24 – Trade Regulation Without a valid certificate, the product is not legal hemp extract under Indiana law, whatever is actually in the bottle. Scan the code, pull up the certificate, and check that the batch number matches the label.
Buying from a Registered Retailer
Any business selling low-THC hemp extract at retail must hold a current certificate of registration under Indiana Code chapter 24-4-22.6Indiana General Assembly. Indiana Code 24-4-22-3 – Retail Sale Requirements A business operating with a lapsed or missing certificate exposes itself to civil penalties and inventory confiscation.
Indiana does not set a statewide minimum purchase age for low-THC hemp extract. Legislation to set it at 21 was introduced but did not pass. Individual retailers may set their own age policies, and local ordinances may apply.
The Driving Problem Hemp Users Miss
Legal hemp extract creates a trap behind the wheel. Indiana law makes it a Class C misdemeanor to operate a vehicle with any Schedule I controlled substance or its metabolite in your blood. THC is a Schedule I substance, and even legal hemp extract can leave detectable THC metabolites.7Indiana General Assembly. Indiana Code Title 9 Motor Vehicles 9-30-5-1
An affirmative defense is available if all four conditions apply: the detected substance is marijuana or a marijuana metabolite, you were not intoxicated, you did not cause a traffic accident, and the substance was identified through a chemical test under the state’s implied consent procedures. That defense can protect a hemp user who tests positive for trace metabolites during a routine stop, but it still has to be raised in court. Using any THC-containing product, even one bought legally at an Indiana retailer, can complicate a traffic stop.
Where the Law May Be Headed
The current framework survived its most recent challenge. In 2026, Senate Bill 250 proposed redefining marijuana and smokable hemp in the criminal code, repealing the low-THC hemp extract chapters entirely, and requiring all hemp-derived cannabinoid manufacturing to take place in Indiana. The bill cleared committee in February 2026 but died when the House did not call it for a vote before the deadline.8Legislative Update – IN.gov. Regulation of Hemp A similar effort is likely to return, so retailers and consumers should expect the rules in this area to keep shifting.