Gov. Eric Holcomb said in a statement Tuesday that Indiana retailers who sell cannabidiol, or CBD, products would get a 60-day window to continue selling the substance without confiscation or legal trouble.
Unlike tetrahydrocannabinol, THC for short and the main psychoactive chemical in cannabis, CBD is a non-psychoactive chemical used by some to treat pain, seizures and other medical ailments.
It is typically derived from industrial hemp, an incredibly low-potency cannabis variation, which by federal law must contain less than 0.3 percent THC. Indiana began the process of industrial hemp legalization in 2014. The governor signed legislation earlier this year to authorize the licensed use of CBD for treatment-resistant epilepsy.
“Applicable law and opinions guide me to direct the Excise Police to perform normal, periodic regulatory spot checks of CBD oil products, focusing on those products which contain any level of THC," Holcomb said in the statement.
His announcement refers to last week's advisory opinion on CBD from Indiana Attorney General Curtis Hill. In his statement, Hill said since CBD is derived from the marijuana plant — illegal under federal law — it was likewise illegal in Indiana.
"Only upon showing that one meets the limited conditions under Indiana law could one expect to avoid being prosecuted under Indiana law," Hill said in the Nov. 21 statement. "Further, no one in Indiana is authorized to sell cannabidiol or any substance containing cannabidiol under state or federal law.”