The Indiana State Excise Police will follow the law when it comes to industrial hemp products.
On Friday, public information officer Corporal Heather Lynch provided the following statement from the law enforcement arm of the Alcohol and Tobacco Commission:
“After a review of the situation, the Indiana State Excise Police will not confiscate CBD oil products from stores unless the products clearly violate Indiana law. We will continue monitoring this issue and remain prepared to take enforcement action whenever appropriate.”
The situation referenced in the statement relates to a recent raid of a Fresh Thyme Farmers Market on the south side of Indianapolis conducted by the excise police where officers confiscated and removed bottles of CBD oil from the shelves. Incident drew the ire of several individuals who utilize CBD oil for a variety of ailments.
State Rep. Bill Friend, (R-Macy) also inquired about the incident. Friend authored legislation that creates a registry of patients prescribed CBD to treat resistant epilepsy and any caregivers charged with administering it. The legislation also granted immunity from prosecution to those on the registry found in possession of CBD oil.
There's a difference between industrial hemp products with little-to-no THC content and high THC content products in the eyes of the law.
Friend and others sought clarification of state law in relation to the Fresh Thyme incident and found that Indiana Code already allows for the sale of industrial hemp products that contain less than 0.3 percent of THC — the compound in cannabis that provides the “high” associated with marijuana use. Most CBD oils meet that qualification of an industrial hemp product.
The resistant epilepsy registry — recently created by the State Department of Health — will remain as dictated by state law. However, since state law allows the open sale of industrial hemp products, anyone can purchase CBD oil without being on a registry.