State Representative Jake Teshka (R-North Liberty) presents SB 478 at a House committee hearing. The bill passed three committees and will now be heard on the House floor.
(Screenshot of iga.in.gov)
The Indiana Senate passed Senate Bill 478 earlier this year, advancing regulations on the Delta-8 THC market in the state. The bill, which is under consideration in the House, aims to create a regulatory framework for the Indiana hemp industry.
In 2018, the federal government passed the Farm Bill legalizing hemp, which is defined as cannabis containing no more than 0.3 percent Delta-9 THC. However, the Farm Bill did not explicitly regulate Delta-8, a hemp derivative similar to Delta-9. This loophole gave rise to a legal gray area, allowing the Delta-8 industry to grow unregulated for years.
Justin Swanson, cannabis practice chair at Bose Public Affairs Group and president of the Midwest Hemp Council, says regulations are needed to combat the dangers of an unregulated market.
“We’ve become basically a dumping ground for really bad products, in my opinion,” Swanson said. “Ones that don’t meet our laws here and contain potentially unsafe things in the products that the consumer is unaware of.”
SB 478 addresses these concerns by introducing a series of new consumer safety measures. The bill would require Delta-8 products to go through mandatory testing, labeling and packaging procedures, as well as impose a 21-and-older age restriction for consumers.
A 2023 study showed that 11% of high-school seniors have used Delta-8.
Swanson says the bill should help the industry by establishing transparency and predictability in the market while protecting consumers and minors.
“I think that the industry has been craving for clear guidelines on what they can and can’t do,” Swanson said. “If it hurts someone's business because they're selling to high schoolers, I frankly think that's a good thing.”
Justin Swanson is the cannabis practice chair at Bose Public Affairs Group and president of the Midwest Hemp Council. (Isabella Vesperini/WTIU News)
State Rep. Jake Teshka (R-North Liberty), the House sponsor for SB 478, emphasized the bill is about implementing safety and responsibility in the industry.
“This is very much about consumer protection, reigning in a market that already exists in the state and really making it a responsible one,” Teshka said. “The market is out there for hemp, and so we’ve got a lot of hemp farmers in the state that could really capitalize on this and grow that product, again, in a responsible way.”
Under the bill, retailers, manufacturers and distributors would be required to attain a license through the Indiana Alcohol and Tobacco Commission. Teshka said licensing would separate lawful companies from those that don't follow the law.
Some of them may not be willing to go through those regulations and be subject to ATC coming in to do checks on their products and making sure that they’re abiding by the law," Teshka said. "But I think that’s a good way to weed out bad actors and to make sure that folks that are not being responsible in this space are not allowed to continue to sell."
The bill also tackles concerns over misleading marketing practices in packaging and advertising.
Teshka, a father of two, emphasized the bill's importance to him, as it seeks to keep Delta-8 products away from schools and out of the hands of minors. He pointed out the packaging of these products closely resembles candy, which he finds troubling.
"A lady came to me and showed me a package of THC gummies, and they looked almost identical to a package of regular gummies that you could buy in the store," Teshka said. "So they're very obviously targeted towards a certain market."
While the federal government has legalized Delta-8 THC by defining it as a hemp product, state laws and regulations on hemp products vary. SB 478 aims to bring Indiana in line with best practices in other states.
Additionally, the bill requires out-of-state Delta-8 products to register with the state and have their packaging approved by the ATC.
“I think that we’re going to end up with a bill that could, quite frankly, be a model for the rest of the country, so I’m really proud of it,” Teshka said.
Three smoke shops contacted for this story — Bloomington Smoke Time and two B-Town Smoke Times — declined to comment on the legislation.
