TERRE HAUTE, Ind. (WTWO/WAWV) — Last July, Vigo County Prosecutor Terry Modesitt wrote a letter to local businesses warning them they could be punished for selling THC-derived products. Since then, he said a lot of businesses have compiled, something he called encouraging.
“We have noticed compliance,” said Modesitt. “At this point, we have not (made any arrest).”
Modesitt issued the letter on July 1, 2024, following an official opinion issued by Indiana Attorney General Todd Rokita that found 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 in 2024. “Depending on the weight – that charge could be up to a Level 2 Felony, which has the possibility of 10-30 years in prison.”
Since then, Modesitt said businesses in Vigo County have listened, but it has been a challenge to monitor.
“A lot of businesses have complied, so that’s encouraging,” said Modesitt. “You know, it’s a lot to try to monitor, obviously. A lot of different businesses sell different things. We have law enforcement go out checking different businesses from time to time.”
Modesitt also said that it has been a challenge to monitor with THC being legal just one county over in Illinois.
“I think that definitely makes it more challenging,” said Modesitt. “Plus, the packaging on a lot of these products has incorrect information on it, as far as the level of THC and those kinds of things. So, I think all of that makes it challenging, no doubt.”
In February, a bill to legalize cannabis in Indiana failed to pass; however, another bill—Senate Bill 478—that would establish certain regulatory testing and packaging requirements for the sale of hemp flower products and would create/modify certain crimes concerning craft hemp and THC, was passed by the Indiana House of Representatives in April. The bill has now returned to the Senate, awaiting a vote.
Following the bill being passed by the Indiana House of Representatives, Rokita issued another letter that said the bill “is a Trojan horse that, if passed in its current form, succeeds in making intoxicating, psychoactive THC products legal where prior efforts have failed.”
Rokita then listed these reasons for why the bill “would not meaningfully regulate these products”:
- The 0.3% delta-9 cap only applies to the hemp plant from which the THC is derived, not the finished product itself. There are no restrictions on the amount of THC—like delta-8, delta-9, delta-10, or HHC—in the gummies and other edibles beyond the very high 100 milligram-per-serving limit.
- Most states with legal marijuana have set the limit of THC at 10 mg per serving, yet SB 478 would allow ten times that quantity.
- There is no limit on how many purchases an individual can make in a day.
- There is no state testing of products or state inspection of third-party laboratory testing facilities to ensure the products meet the requirements of the bill.
- Finally, if one of the most salient goals of the legislation is to regulate the product so that it does not end up in the hands of Hoosier children, then certainly access to these products is the starting point of such consideration. Despite this, the bill provides that 20,000 retail permittees will be allowed to sell the products. Moreover, the products will be available for purchase online. Simply put, the marketplace will be flooded with these psychoactive products that will undoubtedly end up in the hands of children.
