Pictured is a CBD retailer. Photo provided by Indiana News Service.

By Adam Pinkser
Indiana News Service

TERRE HAUTE — THC retailers across Indiana are being warned they could be violating Indiana law by selling cannabis products containing more than 0.3% of the chemical Delta-9, which can have an intoxicating effect and may cause some side effects.

Although no Indiana law regulates Delta-9, the Indiana Attorney General’s Office issued an opinion in 2023 defining Delta-8 and Delta-10 as Schedule I drugs.

Vigo County Prosecutor Terry Modesitt says violators could be charged with a high-level felony.

“I personally felt the fair way to deal with this was to send a letter to all the businesses and advise them of the attorney general’s ruling, and to give them some time to get these products off their shelves,” the prosecutor based in Terre Haute said.

Modesitt estimates from 30 to 40 retailers in the county along I-70 on the Illinois border — many of them gas station convenience stores — are in violation.

“We’ve actually had our drug task force, since I’ve sent this letter, going around checking businesses,” he said.

Modesitt said until state lawmakers pass legislation clearly defining how much cannabis can be sold in Indiana, he’ll have to enforce the laws based on the attorney general’s opinion.

Indiana State Police investigators secretly bought THC products and found some of them were mislabeled. In other cases, they found Delta-9 products had more than the 0.3% of THC allowable under a federal law passed in 2018.

State officials and CBD retailers have also expressed concerns that some THC products may have chemicals added to them.

Scott Hughes, co-owner of WildEye Lounge dab bar in Indianapolis, said he and his business partner, Nick Brown, test all of their cannabis products. “To show there is no heavy metals, to show there is no pesticides in the product, which we do regularly with all of our products before we release them.”

Hughes urges customers to do their homework before purchasing any CBD product.

“You’re not going to go to your mechanic to ask why your knee hurts. You’re not going to go to your doctor to ask what is wrong with your car,” Hughes said.