Indiana Committee Passes Bill to Clear Way for Commercial Hemp Market Despite Federal Prohibition
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A Indiana House committee unanimously passed a bill that would expand the state’s hemp law to prohibit state prosecution of people who sell or possess industrial hemp and industrial hemp products. Passage of this legislation would open the door for a commercial hemp market in the state, setting the foundation to nullify federal prohibition in practice.
Rep. Jim Lucas (R-Seymour) and Rep. Sean Eberhart (R-Shelbyville) introduced House Bill 1137 (HB1137) on Jan. 9. The legislation would clarify the existing hemp law in Indiana to prevent state prosecution of people selling hemp or hemp products.
Except as provided in subsection (a), a person may process, manufacture, possess, transport, sell, distribute, buy, or otherwise use industrial hemp or industrial hemp products if the industrial hemp was planted, grown, cultivated, harvested, and processed by persons licensed under this chapter or by persons in another jurisdiction according to the laws of that jurisdiction. A person who engages in an activity under this subsection is not subject to a civil or criminal action or penalty under state law.
Committee on Agriculture and Rural Development passed HB1137 12-0 with some technical amendments.
Practically speaking, final passage of HB1137 would end state prosecution of individuals or businesses selling CBD oil and other hemp products. Last year, an Indiana TV station reported on raids conducted by state excise police and the Indiana Alcohol and Tobacco Commission. According to WTHR, excise officers confiscated CBD oil products from dozens of stores across Indiana, citing the businesses with violating state law for possessing marijuana.
CBD oil has proven effective in treating a number of medical conditions, including seizures, pain and anxiety.
Provisions in HB1137, along with changes in the definition of hemp in the bill would open the door for legal CBD sales in the state, and would also protect sellers and buyers of other hemp products.
HB1137 would also remove the current requirement that the state seed commissioner must apply for necessary permissions, waivers, or other forms of legal status by the United States Drug Enforcement Agency or other federal agencies to implement the state industrial hemp law.
HB1137 would open the door for an expanded commercial hemp market in Indiana, despite federal prohibition.
FEDERAL FARM BILL
In 2014, Congress cracked the door open for hemp in the U.S. with an amendment to the 2014 Farm Bill. The law allows hemp cultivation for research purposes, but prohibits “commercial” production.
The “hemp amendment” in the 2014 farm bill —
…allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oil-seed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under state law.
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