Is delta-9 THC under 0.3% legal in Indiana?
Generally, yes: hemp containing no more than 0.3% delta-9 THC on a dry-weight basis is federally lawful hemp, and Indiana’s hemp statutes likewise recognize that threshold. But Indiana still regulates hemp-derived products, and possession, manufacture, or sale can become unlawful depending on the product form, source, licensure, and whether the item fits within Indiana’s controlled-substances definitions or other restrictions.[1][2][3]
Short Answer
Under current federal law, “hemp” includes cannabis and hemp-derived materials with a delta-9 THC concentration of not more than 0.3% on a dry-weight basis.[2] Indiana law also uses the 0.3% delta-9 THC threshold in its hemp regulatory scheme and authorizes state inspection, detention, and seizure of hemp crops exceeding that limit.[3]
Bottom line: if the material is truly hemp and stays at or below 0.3% delta-9 THC on a dry-weight basis, it is generally treated as legal hemp rather than illegal marijuana. That said, Indiana does not give blanket approval to all hemp-derived consumer products, and product-specific restrictions may still apply.[1][3]
Why this is not a simple yes/no
1. Federal law sets the hemp threshold at 0.3% delta-9 THC
The Farm Act removed hemp from the federal Controlled Substances Act definition of marijuana and defines hemp by reference to a delta-9 THC concentration of not more than 0.3% on a dry-weight basis.[2]
2. Indiana recognizes and regulates hemp separately
Indiana’s hemp code uses the same 0.3% threshold and provides for audit, inspection, detention, seizure, and embargo if a crop exceeds that concentration.[3] Indiana also licenses hemp operations and can regulate hemp production and related compliance matters.[3]
3. Indiana and the Seventh Circuit have recognized that state regulation still matters
In C.Y. Wholesale, Inc. v. Holcomb, No. 19-3034 (7th Cir. 2020), the Seventh Circuit held Indiana’s injunction against enforcement was overly broad and noted that the federal hemp law does not clearly preempt all state regulation of hemp possession and sale within the state.[1] That means hemp can be lawful under federal law and still be subject to Indiana regulatory limits.
Practical takeaway
| Question | General answer |
|---|---|
| Is hemp with delta-9 THC at or below 0.3% legal under federal law? | Yes, generally. |
| Does Indiana use the same threshold for hemp? | Yes. |
| Does that make every hemp product legal in Indiana? | No. Indiana can still regulate or restrict specific hemp products and activities. |
| Is anything above 0.3% delta-9 THC hemp? | No; it is generally outside the federal hemp definition and may be treated as marijuana or another controlled substance. |
Important caveat
If your question is about a consumer product such as gummies, vapes, flower, oils, or drinks, legality may depend on additional Indiana requirements beyond the 0.3% threshold, including whether the item is properly sourced, labeled, licensed, and falls within a permitted category under Indiana law.[1][3]
If you want, I can also give you a more specific answer for smokable hemp, edibles, vape products, or marijuana possession in Indiana.