Some Indiana counties are warning delta-8 THC sellers to purge their shelves lest they face criminal drug dealing charges after Indiana’s attorney general deemed the products Schedule I controlled substances. Monroe County has not taken action; sellers are safe for now.
What is delta-8?
Delta-8 THC is similar to delta-9 THC, which is the most common form of THC in cannabis plants. It can produce a “high” that is more mild than that of marijuana, and it is synthetically produced.
Sales of delta-8 have been legal since the 2018 Farm Bill, or the Agriculture Improvement Act, which legalized hemp products. However, delta-8 is not FDA approved. Because producing delta-8 requires chemically altering cannabinoids, there have been health concerns over the synthetic conversion process, according to the FDA.
Is delta-8 illegal? Attorney general’s opinion
Attorney General Todd Rokita released a statement in January 2023 addressing the legality of THC variants and “other designer cannabinoid products.” The 14-page opinion examined delta-8 THC against Indiana law defining Schedule I controlled substances.
The short answer: Rokita determined that delta-8 THC, delta-10 THC, THCP, THCO and similar products are Schedule I controlled substances.
What has (or hasn’t) been done in Monroe County?
Monroe County has been unaffected by Rokita’s opinion so far. Chief Deputy Prosecutor Jeff Kehr said the Monroe County Prosecutor’s Office is not aware of any Indiana case law that decided this exact issue.
“There are currently no investigative referrals to our office on this issue and we have not contacted any local businesses,” Kehr wrote in an email statement.
So, the attorney general’s opinion is, right now, just that: opinion. Selling delta-8 is still legal, though the intricacies of the issue are under scrutiny.
Local shops’ booming sales could be quelled
Natural Herbal Medicine, a shop selling cannabis-related products at 1820 S. Walnut St. in Bloomington, is one that could be put out of business by delta-8 bans. A husband and wife opened the business in late 2019, and they said it has been a successful venture.
All but about two of their wares contain delta-8 or delta-10, employee Cassy Wallace said. If the Monroe County Prosecutor’s Office decided to pursue stricter regulation, Natural Herbal Medicine would be emptied out.
For a bigger business selling vapes and e-cigarettes as well, like B-Town Smoke Time, a delta-8 ban might not be catastrophic. But employees agreed it would be futile. Ridding stores of legal, regulated cannabis products only leads buyers elsewhere, they said. Until there is a law banning it, B-Town Smoke Time will stay stocked with delta-8 goods.
Threats of arrest, warnings in other Indiana counties
After Rokita’s opinion, some county prosecutors took action. Three weeks ago, the Dubois County Prosecutor’s Office instructed sellers to take delta-8, delta-10 and smokable hemp products off their shelves, according to 44News. Prosecutor Beth Schroeder attributed the decision to Rokita’s opinion.
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“Therefore, I’m writing to inform you that if you continue to possess and/or sell those products, you (and/or your employees) could be charged with Dealing in a Controlled Substance under Indiana Code 35-48-4-2,” Schroeder wrote in a statement. “Depending on the weight — that charge could be up to a Level 2 Felony which has the possibility of 10-30 years in prison.”
July 28, Evansville police officers visited sellers of delta-8 and other hemp products with a letter signed by Vanderburgh County Prosecutor Diana Moers. That, too, warned retailers that they could face harsh penalties, according to a story from Evansville Courier & Press.
Source : The Herald-Times
