Indiana legislators are pushing forward with comprehensive measures to oversee the rapidly expanding craft hemp flower market. The proposed legislation aims to introduce rigorous standards for product safety, compliance, and consumer protection.
Key Legislative Developments
The Indiana General Assembly has passed Senate Bill 478 (SB 478), a bill designed to regulate the production, sale, and distribution of craft hemp flower products. This legislation sets forth requirements for licensing, testing, packaging, age restrictions, and advertising standards. A central focus of the bill is delta-8 tetrahydrocannabinol (THC), a psychoactive compound derived from hemp that mimics the effects of delta-9 THC found in marijuana.
Addressing Regulatory Gaps
Representative Jake Teshka (R-North Liberty), the House sponsor of SB 478, emphasized the urgency of establishing oversight in what he described as an unregulated industry operating in legal ambiguity. He stated that without proper regulations, consumer safety and product reliability remain at risk. According to Teshka, the bill aims to bring order to a chaotic market by setting clear guidelines for manufacturers and distributors.
Opposition and Concerns
Despite its progress, SB 478 has faced criticism from various groups. An amendment introduced during committee discussions has sparked concerns among anti-marijuana advocates and organizations like the Indiana Prosecuting Attorneys Council (IPAC). Critics argue that changes to the definition of hemp and the inclusion of additional cannabinoids could inadvertently bolster efforts toward marijuana legalization.
Micah Clark, representing Indiana’s chapter of the American Family Association, voiced apprehensions that this amendment might pave the way for broader legalization efforts. Similarly, IPAC’s Chris Daniels highlighted enforcement challenges stemming from the removal of “precursors” in the bill’s language. He warned that inadequate testing protocols could allow potent products, such as THCA (tetrahydrocannabinolic acid), to enter the market without proper oversight.
Testing Limitations and Funding Needs
Daniels also noted Indiana’s current lack of sufficient equipment for testing craft hemp products, which may necessitate reliance on expensive private laboratories outside the state. While Teshka countered that Indiana’s Office of the State Chemist and third-party vendors could manage testing needs, he acknowledged that upgrading equipment would require additional funding.
THC Content Restrictions
SB 478 proposes strict limits on THC levels in craft hemp flower products to curb potency concerns. These include:
Gummies, edibles, and tinctures: 100 mg per serving; 3,000 mg per package.
Drinks: 25 mg per unit; 600 mg per package.
E-liquids: Less than 3 grams per device.
An amendment allowing a 20% variance has raised fears among critics that products could exceed potency limits set by states with legalized marijuana markets. Daniels cautioned that Indiana might become a hotspot for high-potency products despite these restrictions.
Legislative Momentum and Next Steps
Following an 8–3 vote in committee, SB 478 now moves to the House Ways and Means Committee for further review focused on financial implications. If enacted, this legislation could serve as a blueprint for other states grappling with similar regulatory challenges in managing hemp-derived THC products.
Broader Implications
In related developments, a federal court recently dismissed a lawsuit concerning delta-8 THC’s legality due to insufficient standing by plaintiffs. This ruling underscores ongoing legal uncertainties surrounding hemp-derived cannabinoids.
Indiana’s efforts to regulate craft hemp flower products reflect growing concerns about balancing consumer safety with market expansion in the cannabis industry. As lawmakers refine SB 478, its implementation could mark a significant step toward creating a safer and more accountable framework for hemp-derived products across the state.
Source:-
https://mckinneylaw.iu.edu/practice/law-reviews/iiclr/pdf/vol23p555.pdf