Indiana is currently grappling with the regulation of delta-8 tetrahydrocannabinol (THC) through Senate Bill 478, as local lawmakers aim to provide clarity and oversight for a market that many argue is in a chaotic state. Representative Jake Teshka, the House sponsor of the bill, noted that there are misunderstandings surrounding the current status of delta-8 regulation and expressed a desire to clear up any confusion. “I think that there are maybe some misunderstandings about where we’re at on that,” Teshka remarked during discussions about the legislation, which intends to set out regulations for craft hemp flower products, including delta-8 THC, a well-known isomer of the psychoactive compound delta-9 THC.
The introduction of Senate Bill 478 has stirred considerable debate among lawmakers, advocates, and public safety officials, with Teshka acknowledging the need for regulation in a space that has been likened to the "Wild West." He stated emphatically, “The status quo is not acceptable, right? I mean, it truly is the Wild West out there.” Despite bipartisan support for regulation in the House, the Senate has historically resisted efforts to govern this rapidly expanding market. However, the current package originated in the Senate, where it has received initial approval.
On March 20, 2025, Micah Clark, the head of Indiana’s chapter of the American Family Association, raised alarms about the proposed amendments to the bill, which he claimed could be paving the way for greater marijuana legalization. In a public alert titled “Is Indiana legalizing marijuana?”, Clark warned, “Advocates for full marijuana legalization amended the bill in a way that I think advances their dangerous agenda.” The alarm stems from concerns that the legislative changes might inadvertently broaden the definition of legal hemp, which could potentially lead to the sale of higher-potency products in Indiana.
Among the contentious amendments were specific milligram limits for hemp products. For instance, items like gummies and tinctures are proposed to be capped at 100 milligrams of THC per serving and a maximum of 3,000 milligrams per package. Additionally, drinks would be limited to 25 milligrams per unit and 600 per package, while e-liquids must contain less than 3 grams of THC per device. Chris Daniels, a representative from the Indiana Prosecuting Attorneys Council (IPAC), expressed concerns that these changes could complicate the enforcement of the law, claiming that if someone sells a product that is 40% THCA, this would meet the bill's standards since the current legal threshold is 0.3% delta-9 THC. However, once heated, THCA can convert to high-potency delta-9 THC.
Daniels cautioned, “So the concern is, when we broaden that definition, to a point, Indiana, while trying to regulate this product, becomes a state where we can sell some of the highest-potency products, more than any state that’s legalized marijuana.” Teshka, however, argues that the language in the bill significantly curtails the market potential, noting that the current legislation proposes limits ambitious compared to existing products on the market, indicating that consumers can currently find products with up to 1,000 milligrams of THC per serving.
The need for legislative action on delta-8 is pressing, according to Teshka, who conveyed that if they do not address it this session, the state will continue to “kick the can down the road.” He stressed that discussions about product testing protocols are ongoing, as testing capabilities within state police labs have come into question. Teshka mentioned that while private and out-of-state laboratories could handle testing, such shifts could lead to tremendous costs for the state.
An important aspect of the current legal landscape is a federal judge's recent dismissal of a nearly two-year-old lawsuit regarding delta-8's legality. The dismissal, which was issued without prejudice, permits the plaintiffs to re-file in state court, adding further uncertainty to the ongoing regulatory discussions. With the bill having passed a committee vote of 8-3, it now awaits a hearing focused on financial implications before moving through the House Ways and Means Committee.
As it stands, Indiana's approach to delta-8 regulation embodies a broader national tension over cannabis legislation, reflecting both the rapid evolution of the legal cannabis marketplace and the challenges that state governments face in effectively regulating emerging substances. With ongoing debates and concerns from both proponents and detractors, the trajectory of Senate Bill 478 will surely continue to be a focal point in Indiana’s legislative agenda.
