Indiana Attorney General provides clarity to legislators over unregulated THC bill

Closing ‘Delta’ legal loopholes

In a letter to the General Assembly this week, Attorney General Todd Rokita told lawmakers to reconsider Senate Bill 478, which would legalize high-potency THC products by reclassifying such products as, “legal hemp.” This will create a loosely regulated cannabis market that exists completely outside of Indiana’s marijuana laws.  
 
In the letter, Rokita makes it very clear that this bill fails to address legal ambiguities and lacks public health safeguards. 

"This legislation threatens public safety and undermines our state’s laws by creating enough loopholes for high-potency, intoxicating THC products to be sold under the guise of craft hemp regulation,” Attorney General Rokita said. “This isn’t about taking away your grandma’s CBD oil – it's about protecting Hoosiers from high-potency THC products that mirror and often exceed the intoxicating effects of marijuana.” 

In the letter, Rokita states that the legislation is a Trojan Horse that, if passed in its current form, would permit “craft hemp flower products,” including edibles with up to 100 milligrams of THC per serving (delta-9, delta-8, delta-10, or HHC) and 3,600 milligrams per package – incredibly high levels of very potent psychoactive chemicals.  

Such limits would far exceed those in states with legalized marijuana, where edibles are capped at 10 milligrams per serving and 100 milligrams per package. 

The 2018 Farm Bill legalized hemp as cannabis with 0.3% or less delta-9 THC by dry weight but did not address other intoxicating isomers like delta-8 or delta-10. Attorney General Rokita said manufacturers could exploit this loophole, converting hemp-derived CBD into synthetic THC isomers marketed as legal hemp.  

“Hoosiers deserve clear, consistent laws that prioritize consumer safety and prevent the proliferation of minimally regulated substances,” Attorney General Rokita reiterated. 

Attorney General Rokita called on lawmakers to classify any product exceeding 0.3% total THC by dry weight, including synthetics, as marijuana to close the loophole and ensure clarity for law enforcement.  

Read the full letter from Attorney General Rokita here.