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The Indiana House Courts and Criminal Code Committee on Wednesday voted to advance a version of this session’s hemp-regulation bill that would restrict cannabis use statewide, including strains not previously covered by federal or state laws.
Following public testimony on Senate Bill 250 last week, lawmakers were faced with two paths: adopt Lawrenceburg Republican Rep. Garrett Bascom’s proposed amendment, which would align the state with the federal government, or adopt Eckert Republican Rep. Steve Bartels’ amendment, which would continue to permit the sale of certain cannabis products but implement tight regulations.
The committee accepted Bascom’s amendment on Wednesday, 8-5, and sent the bill back to the chamber floor with the same tally.
The bill redefines “hemp” as the Cannabis sativa L. plant and any part of the plant with not more than 0.3% of tetrahydrocannabinol, or THC, and it prohibits its distribution within the state, except for testing or research reasons. However, the bill would continue to permit Indiana retailers to process and distribute certain THC hemp extract to sell to retailers or distributors outside of Indiana.
Under the current state and federal law, Indiana retailers are permitted to distribute certain cannabis products, as long as they do not contain more than 0.3% delta-9 THC, which is the primary psychoactive compound known for giving users the feeling of being high. Other non-delta-9 THC cannabis products include delta-8 THC – which the Association of Cannabinoid Specialists says is less potent than its delta-9 counterpart – and cannabidiol, or CBD.
Federal regulations
During President Donald Trump’s first administration, the federal government passed legislation redefining “marijuana” and “hemp” – marijuana was classified as any cannabis plant containing more than 0.3% of delta-9 THC on a dry weight basis, keeping it a Schedule I controlled substance alongside drugs such as heroin.
Hemp was exempted from that scheduling, as it was defined as any part of the cannabis plant that was not more than 0.3% of delta-9 THC.
The legislation came to be known as the 2018 farm bill, and it allowed hemp products to be sold legally for commercial and industrial purposes.
After the bill was enacted, cannabis dealers discovered loopholes: they began selling different strains of the plant that could still be psychoactive with enough dosage, even if they fell under the 0.3% delta-9 THC threshold.
But last November, U.S. Sen. Mitch McConnell, R-Kentucky, slipped language into a spending bill that reformulated the THC limit, seeking to close the 2018 farm bill loophole. That measure goes into effect this fall.
Testimony challenges state’s approach
During the hourlong testimony on the bill last week, many business owners opposed Indianapolis Republican Sen. Aaron Freeman’s bill and Bascom’s amendment but supported Bartels approach, saying they want regulations and guidelines. If the committee were to take Bascom’s proposal, they said, their businesses could suffer.
“Most products that we carry that are for adults – intended use – would be wiped,” said Robert Theodorow, the owner of Generation NA, a non-alcoholic bottle shop in Lafayette, during testimony on Feb. 11. “It would put our shop out of business.”
Bartels critiqued Bascam’s amendment, saying the state does not always have to follow the federal government’s lead.
“It’s interesting that we pick and choose when we want to follow federal laws,” Bartels said Wednesday. “It’s kind of almost ironic, depending on the situation.”
Bartels said his intent was to treat the drug like a liquor but tighten it up with regulations such as business licensing.
“We want to regulate it; we want to tax it; we want to monitor it; we want to make sure we hold retailers accountable, and that’s what my amendment tries to do,” Bartels said on Feb. 11.
On Wednesday, Bartels joined Democrats in voting against Bascom’s amendment and the bill, saying he hopes lawmakers continue discussing the matter.
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