Indiana Attorney General Advises CBD Oil Illegal For Most

Nov 21, 2017

Indiana Attorney General Curtis Hill says the sale or possession of CBD – a marijuana derivative – is largely illegal in the state, except in very limited circumstances.

The legislature passed a law in 2014 legalizing industrial hemp. And in the 2017 session, lawmakers authorized the use of CBD oil, an extract from cannabis and hemp, to treat some epileptic conditions.

Now, Attorney General Hill’s advisory opinion – which is not binding – says any use of CBD beyond those with epilepsy is prohibited by law.

Senate President Pro Tem David Long (R-Fort Wayne) says legislation might be needed next session if people allowed to use CBD oil can’t buy it from anyone in the state.

“We’ll try to figure out what’s going wrong, if in fact it has, dig deeper into the Attorney General’s ruling but it’s something I think, if he’s right, we’ll need to fix,” Long says.

Sen. Randy Head (R-Logansport) carried the CBD oil bill last session. He says lawmakers contemplated the idea that those who are legally allowed to use CBD oil might have to buy it from out of state.

But he says any changes to existing law will be difficult in the short, roughly 10-week, upcoming session.

“Time is certainly a factor when you’re working a bill and it took all session last year to be able to get both chambers to the fact that they could agree to something,” Head says.

The 2018 session begins in January.