TERRE HAUTE, Ind. (WTWO/WAWV) — A number of area business owners and employees could face 30 years in prison if they don’t remove and stop selling Delta 8, Delta 10, or any other THC derivative products.
That’s according to a warning letter published on July 1 from Vigo County Prosecuting Attorney Terry Modesitt.
In the letter, Modesitt explains that an official opinion issued by Attorney General Todd Rokita in 2023 found that these hemp derivative products fall under the statutory definition of a Schedule I Controlled Substance, and therefore are illegal to possess or sell under Indiana Law.
The letter includes Delta 8, Delta 10, “smokable” hemp, and other “THC derivatives.”
“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,” Modesitt wrote. “Depending on the weight – that charge could be up to a Level 2 Felony which has the possibility of 10-30 years in prison.”
The prosecutor continued with threats of possible search warrants, subpoenas, and forfeiture of properties should businesses continue to sell these products.
The letter advises that CBD products must contain less than 0.3% of Delta 9 THC to be considered legal. But anything “smokable” with THC included does not fall under that legality.
Modesitt also warns of level 5 felony charges for retailers that sell anything “They knew or should have known contains more than 0.3% Delta 9 THC packaged as low THC hemp extract.”
Modesitt said recent testing by the Indiana State Police Lab found that many of the products with packaging claiming low THC were found to contain significantly higher levels of Delta 9 THC than advertised.
“So again, if you are selling either of those products – and continue to – you are risking legal action from law enforcement and my office,” Modesitt said. “The best course of action is to immediately remove all Delta 8, Delta 9, Delta 10, Delta X (and any other designer cannabinoid products) and Smokable Hemp products from your shelves and do not sell or use them in the future.”
“Not only are these products illegal, but we regularly find them making their way into the hands of children and in our schools,” Modesitt said. “We are also seeing more traffic related crashes involving THC being present in the blood of the drivers. We have asked these businesses to stop selling these products in an effort to make our community and schools safer.”
Read the full letter issued by Terry Modesitt below;
