Hemp and all its parts and derivatives are legal under federal law, thanks to the 2018 Farm Bill. This important law removed industrial hemp from the Controlled Substances Act Schedule I Classification, but it also inadvertently legalized hemp derived products containing intoxicating and psychoactive cannabinoids like delta 8 THC.

Most states passed hemp laws that align with the federal legislation, allowing consumers to enjoy legal yet intoxicating hemp products. However, some states also placed very strict restrictions and provisions on their sales and use, with many even fully banning them.

Fortunately, Indiana’s position on hemp aligns with the federal government’s, with Senate Bill 516 receiving the most votes and legalizing hemp. 

Here, we’ll explore Indiana laws surrounding delta 8 THC in greater detail. We’ll also cover some tips on choosing the best delta 8 THC products for you.

Is Delta 8 Legal in Indiana?

Yes, delta 8 THC is legal in Indiana.

The legal status of delta 8 for many states is pretty confusing. It’s legal on the federal level, where the Farm Bill that was introduced in 2018 makes it explicitly clear that any cannabinoids derived from the hemp plant are legal.

However, the DEA or Drug Enforcement Agency promoted a change in the rule that classified all cannabinoids derived synthetically as illegal substances. The big question here is whether delta 8 THC is considered synthetically-derived, or not.

Most legal experts agree delta 8 THC can’t be classified as “synthetic” because it’s found in nature without any human intervention. The methods used to derive delta 8 from hemp simply leverage naturally occurring processes by creating the ideal environment for his conversion to take place.

This makes delta 8 legal on a federal level, but what about on the local state level?

For now, delta 8 THC is legal in the state as long as it isn’t made from marijuana or contains more than the legal limit of 0.3% delta 9 THC, the major psychoactive component in both hemp and marijuana plants.

Residents can enjoy a variety of delta 8 products — such as tinctures, capsules, and edibles — except vapes and smokable hemp, which are prohibited in the state. Getting caught in possession of such products could result in legal issues, fines, a legal action or case filed against you, and court hearings, depending on the circumstances.

Despite its legal status in the state though, the delta 8 market has faced several challenges, with committees introducing bills that would have either banned or regulated these intoxicating hemp-derived cannabinoids.

These attempts have typically failed in the Senate, but lawmakers continue to push for tighter regulations.

Rep Jake Teshka (R North Liberty) was quoted saying that the current status of these psychoactive hemp products is unacceptable, and that Senate Bill 478 needs to be refined to get the Senate to agree to any changes made by the House.

Senate Bill 478, which Teshka sponsored, is a bill that would regulate marijuana like drugs such as delta 8 THC and impose rules on licensing, packaging, testing requirements, age restrictions, and advertising, among others.

If it passes the Senate, the bill will require manufacturers to comply with the new regulations, especially since there’s a proliferation of substandard and untested products that pose public health and safety risks.

Where to Buy Delta 8 THC in Indiana

We may be a bit biased here, but ordering delta 8 THC online is unanimously the best place to order delta 8 products in the modern era. You can go directly to a brand’s website or order from reputable online CBD dispensaries and vendors.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• When you buy online you can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products, including cannabidiol or CBD products
• Products left on store shelves degrade more quickly

We’ve become more accustomed to ordering online throughout the pandemic than ever before, and most companies (including Area 52) have since adopted online exclusivity in their business structure. We’ve actually also been asked if our products are available in retail stores. However, we don’t sell any of our products in-store because it forces the price to increase and removes our ability to undeniably guarantee the quality of our products.

It’s common for companies to sell large product orders to retail businesses where it’s then tampered with or stored incorrectly. When the customer receives the final product, it’s the manufacturer that gets blamed.

We take pride in our work and won’t do anything to compromise that. We believe selling to retail vendors is a risk to the quality we guarantee for our products.

Shop For the Best Delta 8 THC Products in Indiana

Do I Need A Medical Card in Indiana To Order Delta 8 THC?

No, you don’t need a medical card in Indiana to order delta 8 THC because it falls under the same laws as CBD. As long as you consume delta 8 THC derived from hemp, you will be okay.

Of note, medical and recreational marijuana remain illegal in the State. However, the state does have a very limited medical CBD program that allows the use of low THC oil (no more than 0.3% THC and 5% CBD) to treat treatment-resistant epilepsy.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 THC is very similar to delta 9 THC — the main cannabinoid responsible for psychoactive effects. Both cannabinoids exhibit double bonds. But there’s a slight difference in their chemical structure where the double bind exists on the eighth carbon chain for delta 8 while it is found in the ninth carbon chain for delta 9.

This difference is monumental enough to separate the two cannabinoids in terms of legality. Like its close cousin delta 9, delta 8 also induces psychoactive effects.

Ongoing research suggests that delta 8 THC makes you clear-headed while reducing feelings of paranoia, stress, and other side effects that are common with delta 9.

Since hemp doesn’t carry delta 8 THC in large quantities, it must be extracted in a lab and separated from other cannabinoids.

Even as delta 9 products become legal throughout the states, we believe there will be a lasting interest in the delta 8 market because of these core differences in effects. Delta 8 THC is always going to be a solid alternative for people who find conventional THC products make them feel too anxious.

How to Use Delta 8 THC

Delta 8 THC comes in a myriad of different applications and formats. Pretty much any form you’ll find THC or CBD, you can also find delta 8 THC.

This includes delta 8 THC gummies, capsules, tinctures, hemp flower, gum, topicals, vapes, and more.

Delta 8 THC Tinctures

Tinctures are made by dissolving the active d8 distillate into a liquid base — most commonly, this liquid is MCT oil or hempseed oil. The benefits of tinctures include a longer shelf-life, rapid onset of effects, ability for precision dosing, and smokeless consumption.

Delta 8 THC Gummies

D8 infused Gummies are another popular option. They’re delicious, offer precise doses of delta 8, and are much easier to use on the go than other forms of this supplement.

Delta 8 THC Vapes

Vaporize d8 is perhaps the fastest-acting form of delta 8 THC. The vapor is inhaled through the lungs, where it’s then absorbed into the bloodstream. This has a very rapid onset of effects compared to edibles. You’ll feel the effects of a vape within minutes but may have to wait up to an hour for edible products to kick in fully.

Is Marijuana (Delta 9 THC) Legal In Indiana?

Indiana is one of the few remaining US states without a medical marijuana program. Needless to say, all forms of marijuana are illegal within Indiana.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Indiana?

Delta 10 THC is another cannabinoid derived from hemp. It provides very similar effects as delta 8 and delta 9, but with stronger motivating action.

This cannabinoid is regulated under the same laws as delta 8 THC. Because it’s made from hemp and lacks high concentrations of delta 9 THC, it’s considered legal.

What’s The Future of Delta 8 THC in Indiana?

Delta 8 THC is already legal in Indiana — but just barely.

There are attempts to regulate psychoactive hemp-derived cannabinoids in the state, but these have mostly failed in the Senate. Advocates have also continued to push for clearer representation and rights for both consumers and businesses to ensure there’s regulatory transparency and safe access for everyone involved, especially since the delta 8 industry is one of the most volatile industries in the United States.

With that said, most US states, including Indiana, have been making a push towards the total legalization of cannabis products. It’s very unlikely for this or other states to go out of their way to ban delta 8 THC, only to later enable all cannabis products in their entirety a few months later.

Most likely, delta 8 THC will remain legal and popular in the state of Indiana for years to come.

FAQs on Delta 8 and Other Cannabinoids in Indiana

Below is a quick list of commonly asked questions about delta 8 and other cannabinoids in Indiana to better understand their status.

1. Is Delta 8 Now Illegal in Indiana?

Delta 8 remains legal in Indiana for now. Except for inhalable products like vape, flowers, and pre-rolls, residents can enjoy delta 8 in several formats such as oil, tincture, capsule, and gummies.

2. Where Can I Get Delta 8 in Indiana?

The best place to buy delta 8 in Indiana is online where you’re given a wide variety of products to choose from. Just make sure to consider these factors when you buy online — brand reputation, product reviews, up-to-date certificate of analysis, hemp source, and ingredient list, to name a few.

3. Is Delta 9 Legal in Indiana?

Medical and recreational use of delta 9 THC is not legal in Indiana. However, the state does have a very restrictive low-THC oil program, limiting THC level to no more than 0.3% and CBD to only 5%.

4. Is THCA Illegal in Indiana?

THCA is covered by the same laws that govern delta 8, and for now, this cannabinoid is legal in Indiana, provided it doesn’t contain more than 0.3% delta 9 THC.

5. Is HHC Legal in Indiana?

HHC is also legal in Indiana, since it‘s also covered by the same laws that regulate delta 8 THC. Just make sure the product is sourced from industrial hemp.

References: 

1. Leslie Bonilla Muñiz. 2025. “Delta-8 Regulation Advocates Fend Off Marijuana Opponents.” Indiana Capital Chronicle, March 25, 2025. https://indianacapitalchronicle.com/2025/03/25/delta-8-regulation-advocates-fend-off-marijuana-opponents/
2. Indiana General Assembly. 2017. “House Bill 1148.” Indiana General Assembly Official Site. https://iga.in.gov/legislative/2017/bills/house/1148#document-6467a11b.