January 29, 2020
January 29, 2020
CBD products have become widely available to residents of Indiana. CBD stands for cannabidiol, which is one of many cannabinoid compounds naturally produced within cannabis plant flowers. Merchants market CBD products for the relief of insomnia, anxiety, stress, and pain. As a result, you might be interested in using CBD, but wonder is CBD legal in Indiana?
The short answer is yes, but laws against the intoxicating form of cannabis that contains THC (tetrahydrocannabinol) make interactions with law enforcement officers sometimes difficult to navigate.
Difference Between CBD and Illegal Cannabis
Processors derive CBD from hemp plant flowers. Hemp is a variety of cannabis that produces very low amounts of THC within its flowers. On the other hand, illegal marijuana arises from cannabis plant varieties that produce higher levels of THC within their flowers. CBD products do not make you feel “high” when you use them because they contain no THC or only trace amounts. CBD laws in Indiana, established in March 2018, allow for the possession, sale, and consumption of CBD oil that does not contain more than 0.3% THC.
Police Might Arrest You Anyway
Some people consume CBD in its hemp flower form by smoking or vaping. Possessing hemp flower could get you arrested because law enforcement officers could assume that it is illegal marijuana. Visual inspections, field test kits, and police dogs largely cannot distinguish between legal hemp and illegal marijuana.
Final laboratory analysis of the CBD flower in your possession could show that it was not in violation of the law. You would then likely avoid a conviction on drug charges, but you would still have gone through the experience of arrest and possible seizure of your vehicle. These outcomes will likely disrupt your life and threaten employment.
Other CBD products in the form of oils or edibles could also confuse police because of similar THC-containing products exist. Any interaction with law enforcement when you’re in possession of CBD could leave you vulnerable to erroneous arrest.
Even without a conviction, authorities have already established an arrest record in your name. Although expungement could eventually remove the arrest record from public view, you would have to endure a waiting period and pay court fees.
How an Attorney Could Help
CBD laws in Indiana are meant to enable you to access the medicinal forms of cannabis-derived from hemp. Generations of marijuana prohibition, however, have conditioned law enforcement to target anything that resembles marijuana or THC oil. A criminal defense attorney from Webster & Garino could challenge law enforcement errors and protect your rights. Call us for a free consultation at 317-565-1818.
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