Legislation concerning the sale of high potency THC products
SB 478 - Legislation concerning the sale of high potency THC products in Indiana
We are nearing the end of this legislative session, and it is a time when bills can move and change quickly. SB 478 is one of those bills. And, unfortunately, it has become a dangerous bill in the process. SB 478 addresses craft hemp flower and THC products. The original intent of this bill was to regulate age limit to protect children. Instead, it has morphed into a bill allowing exceptionally high potency levels of THC to be sold in Indiana, under the guise of hemp. It also allows for online purchasing and raises the cap on retail permits for convenience and drug stores from 9,400 to 20,000. (An average of 217 per county).
Several members of the House, including Rep. Joanna King, were ready to propose amendments to fix this bill. We were dumbfounded to learn they did not have the votes to do so and the majority of House Republicans joined with the majority of Democrats in voting to approve the pro-marijuana bill. Fortunately, the Senate rejected this version of the bill, and it must now go to Conference Committee to be negotiated.
In its current form, SB 478 creates a legal loophole that would allow for the sale of products with an elevated content of THC, which is the intoxicating chemical that "causes the high, the paranoia, the psychotic incidents, the lack of educational achievement, the emergency room visits, and the schizophrenia at levels beyond what even states like Colorado allow under their law.
(See Here and Here and Here for the problems THC causes.)"
Indiana Attorney General Todd Rokita warned legislators of the problems with SB 478 in a letter that is included at the bottom of this email.
Please call your legislators today or first thing Monday and tell them to vote AGAINST SB 478 in its current form. Instead, establish a moratorium on the sale of intoxicants created from hemp and establish a summer study committee. The Conference Committee meets at 8:30, Monday morning. Rep. Jake Teshka is the conferee for the House and supports SB 478 in its present form, allowing for the expansion of highly potent THC products in the state of Indiana.
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You can find and contact your House member here: https://iga.in.gov/information/find-legislators
Local Representatives include:
Rep. Dale Devon 317-232-9816
Rep. Joanna King 317-232-9657
Rep. Doug Miller 317-234-9139
Rep. Jake Teshka 317-232-9650
Rep. Timothy Wesco 317-232-9676
You may find your Senator here: https://iga.in.gov/information/find-legislators and contact them by calling 317-232-9400.
Local senators include:
Senator Linda Rogers
Senator Blake Doriot
Senator Sue Glick
Senator Ryan Mishler
Featured
Luncheon Opportunity with our good friend Lucas Miles on April 26
We wish you a very blessed Easter.
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Letter from Attorney General Todd Rokita's Office
Dear Members of the Indiana General Assembly,
The Office of the Attorney General has serious concerns regarding Senate Bill 478 (SB 478), which would authorize the sale of high-potency, intoxicating THC products under the guise of hemp. This bill, rather than addressing the legal ambiguity surrounding hemp-derived intoxicants, creates a parallel cannabis market in Indiana—one that operates outside the state’s existing marijuana laws and lacks basic public health safeguards.
As you know, the 2018 Agricultural Improvement Act (the “Farm Bill”) legalized hemp by defining it as cannabis containing no more than 0.3% delta-9 THC by dry weight. However, the law did not address other isomers, such as delta-8 THC, delta-10 THC, or HHC, which have similar chemical structures and psychoactive effects. Manufacturers have taken advantage of this loophole by converting hemp-derived CBD into synthetic THC isomers and marketing them as legal hemp products—despite their intoxicating nature, which mimics marijuana.
In 2023, the Indiana State Police and the Indiana Prosecuting Attorneys Council asked Attorney General Todd Rokita for guidance on whether these products are controlled substances. The Attorney General issued an advisory opinion clearly stating that any product containing more than 0.3% total delta-9 THC by dry weight, or any other form of THC such as delta-8 or delta-10—regardless of its source—is marijuana and, therefore, a Schedule I controlled substance under Indiana law (IC 35-48-1-19). If the Indiana General Assembly aims to end the sale of unregulated THC products that mimic the effects of marijuana, it should codify this opinion.
SB 478 takes the opposite approach. Rather than tightening the law to close the loophole, SB 478 expands it. It legalizes a new category of products called “craft hemp flower products,” defined in Section 21 of the bill. It permits the sale of gummies and other edibles containing up to 100 milligrams of THC per serving—including delta-9, delta-8, delta-10, and hexahydrocannabinol (HHC)—and 3,000 milligrams per package, with an additional 20% variance allowance. That means a single package could legally contain up to 3,600 milligrams of THC —a dosage far exceeding the limits in states that have fully legalized marijuana.
In fact, the Indiana Office of the Attorney General could not identify a single state that does not limit THC edibles to 10 milligrams per serving and 100 milligrams per package.[1] SB 478 would allow 36 times that amount while still classifying such products as “hemp.” That is not regulation—it is reclassification by technicality.
Even if these products excluded delta-9 THC, products containing the permitted quantities of delta-8 or delta-10 would still be intoxicating. A 50 mg dose of delta-8 THC can produce psychoactive effects similar to a 25 mg dose of delta-9 THC—well beyond the dosage thresholds used in most states.
SB 478’s definition of “craft hemp flower products” states that such products may not contain more than “three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC)… and two hundred sixty-three thousandths percent (0.263%) of tetrahydrocannabinolic acid (THCA)… by weight or volume.” This language creates multiple pathways to exceed the practical THC limits established by the federal Farm Bill:
1. Limited Scope of the THC Cap
The 0.3% THC cap in SB 478 applies only to delta-9 THC and THCA. There are no quantitative restrictions on other intoxicating isomers—such as delta-8, delta-10, or HHC—beyond the very high milligram-per-serving and per-package caps in Section 21. This creates a significant regulatory loophole, allowing the sale of high-potency, psychoactive products as hemp, even though their effects are comparable to those of marijuana.
2. THC Measured by Weight or Volume
SB 478 allows the 0.3% delta-9 THC and 0.263% THCA limits to be measured by weight or volume rather than by dry weight as required by the federal Farm Bill. This deviation allows manufacturers to increase the total milligrams of THC by manipulating a product’s volume.
Example: A gummy weighing 2 grams and measuring 5 milliliters in volume:
– Measured by weight: 0.3% of 2g = 6 mg THC
– Measured by volume: 0.3% of 5mL = 15 mg THC
This allows 2.5 times more THC in the same product simply by using volume instead of weight.
3. No Limit on Product Size or Mass
Even if the 0.3% THC cap is measured by weight, SB 478 imposes no restrictions on the size or total mass of an individual product. Manufacturers can legally include higher total doses of THC by increasing the product’s weight or liquid content—so long as the serving and package totals remain under the stated caps.
a. Example: A 40-gram gummy (about the size of a large egg) could legally contain 120 mg of delta-9 THC and still meet the 0.3% limit.
By allowing these products to be sold, SB 478 effectively creates a parallel cannabis market in Indiana—one that operates entirely outside the state’s marijuana laws at a time when marijuana remains illegal at both the state and federal levels. If the goal of SB 478 is to protect public health, ensure legal clarity, and support law enforcement, Indiana must take a different approach. The General Assembly should adopt a clear and enforceable standard:
Any product containing more than 0.3% total THC by dry weight—whether naturally occurring or synthetically produced—should be treated as marijuana and regulated as a controlled substance.
This simple clarification would close the loophole and give prosecutors and police the legal certainty they need to uphold Indiana’s drug laws.
[1] Swinburne, M. (2022, October 10). Fact sheet - THC limits for adult-use cannabis products. THC limits for Adult-Use Cannabis Products. https://www.networkforphl.org/wp-content/uploads/2022/11/THC-limits-for-Adult-Use-Cannabis-Products.pdf
Thank you,
Erin Tuttle
Legislative Director
Office of Attorney General Todd Rokita
Legislative Update- May 18
SB 478 - Legislation concerning the sale of high potency THC products in Indiana!
SB 478 addresses craft hemp flower and THC products. The original intent of this bill was to regulate age limits, licensing, advertising, packaging, and testing. Instead, it has morphed into a bill allowing exceptionally high potency levels of THC to be sold in Indiana, under the guise of hemp. In its present form, the cap on retail permits for convenience and drug stores is set extremely high at 20,000, which is an average of 217 per county!
MOST IMPORTANT, Attorney General Todd Rokita states that the legislation, if passed in its current form, would permit “craft hemp flower products,” including edibles with up to 100 milligrams of THC per serving (delta-9, delta-8, delta-10, or HHC) and 3,600 milligrams per package – incredibly high levels of very potent psychoactive chemicals.
*Such limits would FAR EXCEED those in states with legalized marijuana, where edibles are capped at 10 milligrams per serving and 100 milligrams per package.
PLEASE CALL your legislators today and tell them to KILL SB 478 and send it to a study committee this summer. WE CANNOT AFFORD TO GET THIS WRONG! Representatives assigned to work on a compromise in the Conference Committee are Jake Teshka, who supported the passage of SB 478 in its present form, and Timothy Wesco, who opposes it.
You can find and contact your House member here: https://iga.in.gov/information/find-legislators
Local Representatives include:
Rep. Dale Devon 317-232-9816
Rep. Joanna King 317-232-9657
Rep. Doug Miller 317-234-9139
Rep. Jake Teshka 317-232-9650
Rep. Timothy Wesco 317-232-9676
Rp. Jim Pressel 317-232-9648
You may find your Senator here: https://iga.in.gov/information/find-legislators and contact them by calling 317-232-9400.
Local senators include:
Senator Linda Rogers
Senator Blake Doriot
Senator Sue Glick
Senator Ryan Mishler
Legislative Update- May 9
The following is an update on the status of a few key bills with only three weeks left in the 2025 legislative session.
We are pleased to have strong conservative legislation advancing and would like to thank our local legislators for being integral to this success. The overall tenor of the Indiana Assembly has changed significantly since Biden's inauguration four years ago, which is a direct result of your commitment to engagement. Grassroots' efforts across the nation are working together to make change for good.
Consider this contrast in legislation: Indiana helped lead the nation in 2023 by passing legislation prohibiting the transitioning of minors and is now advancing a parental rights bill to strengthen the parent's role in the upbringing of their children.In contrast, in Colorado, the House just passed a bill that would remove a child from parental custody for behaviors like "misgendering" or "deadnaming" and in the process excluded parental rights groups from testifying by comparing them to the KKK!
The following are several bills notable for their cultural impact:
Parental Rights: SB 143 provides that parents have the fundamental right to direct their child’s upbringing, education, religious instruction, and healthcare, elevating parental rights to the highest legal standard available.
- SB 143 passed both the Senate and the House with surprising ease and is waiting for the governor's signature.
Protecting Female Athletes in Collegiate Sports: HB 1041 requires that athletic teams in all Indiana educational institutions be designated as male, female, or coeducational, and expands the prohibition of males participating in female sports to the collegiate level.
- HB 1041 also passed both chambers with little opposition and is especially significant in that the NCAA is headquartered in Indianapolis.
Limitations on DEI: SB 289 prohibits all state agencies, educational institutions, and health profession licensing boards from implementing DEI requirements, carrying fines of $50,000-$100,000 per violation.
- Though a recent amendment removed some portions of this bill to make it "more workable", it strengthened it by adding hefty fines. Committee Chair Rep. Chris Jeter stated that this is an effort to "codify" and "be consistent" with executive orders issued by Pres. Trump and Gov. Braun. In his order, Gov. Braun replaced DEI with "merit, excellence, and innovation" (MEI) in all state agencies and closed the Office of the Chief Equity, Inclusion and Opportunity Officer created by Gov. Holcomb. This is a hot topic nationally, as Ohio had over 400 people testify, most in opposition, during their hearing on a similar bill. The governor of Ohio has signed it into law.
- SB 289 just passed out of the House Judiciary Committee and will be scheduled for a vote on second reading before the House.
Immigration Matters: HB 1531 will strengthen immigration enforcement in Indiana and hold employers accountable for hiring unauthorized immigrants.
If you have not made a call concerning Immigration Bill 1531, we believe it is still worthwhile to do so. This bill is being held up in committee but still has a chance to advance.
DOGE has discovered that millions of migrants are receiving taxpayer-funded Medicare benefits and thousands are on voter rolls and illegally voting in American elections. We should NOT be encouraging illegal immigrants to come to Indiana.
The number for access to our state senators is 317-232-9400. Please call and ask for the senator you are contacting, and you will be directed to their legislative assistant. Please encourage them to support HB 1531.
President Pro Tem, Rodric BrayChair of Judiciary, Senator Liz BrownYour own State Senator, found here: https://iga.in.gov/information/find-legislators
Local senators include:
Senator Linda Rogers
Senator Blake Doriot
Senator Sue GlickSenator Ryan Mishler
We are grateful for your willingness to be involved. Thank you!
Take Action - April 2
INDIANA CALL TO ACTION: Important Immigration Bill Needs Your Action Joy Pullman, Executive Director of the Federalist, delivered a compelling message while speaking at our event on March 20th. She encouraged Hoosiers to seize this time in our history by promoting conservative values to preserve our culture beyond the Trump Presidency. Joy just published the following article concerning HB 1531, an immigration bill being held up in committee.Pullman Article @ The Federalist >
Right now HB 1531 is not scheduled for a hearing in the Senate Judiciary Committee, typically necessary for the advancement of a bill. It is important to continue to push for this legislation because if it doesn't pass through this committee, pressure supporting this bill may help it find its language added to another bill.
HB 1531 will strengthen immigration law enforcement by ensuring compliance with ICE detainer requests and by holding employers accountable for hiring unauthorized immigrants.
We believe the holdup in committee may be attributed to the fact that many employers in Indiana hire illegal immigrants because they pay them less and provide no benefits. But in doing so they attract illegal immigrants into our communities and neglect to consider American citizens or legal immigrants for those jobs. (U.S. law provides for temporary visas, for example, to be used within the agriculture sector.)Attorney General Todd Rokita calls HB 1531 "critically important."..."Both my office and the General Assembly have an obligation to Hoosiers to act decisively to help keep illegal immigrants out of our communities."
Senator Jim Banks: "Hoosiers expect us all to work together at the state, local, and federal levels to support ICE and deport illegal criminals from our streets. This bill helps to do that in a big way."
U.S. Representative Rudy Yakym: "For too long, Indiana's communities have shouldered the fallout of the failed Biden-Harris border policies. This bill is critical to strengthening our laws, protecting our communities, and safeguarding taxpayer dollars. I urge the Indiana General Assembly to get this done."
Please use this number to call any or all of the following: 800-382-9467 or 317- 232- 9400. Ask for their office and you will be directed to their legislative assistant. Please encourage them to support HB 1531 to:
- Strengthen immigration law enforcement.
- Discourage illegal immigrants from coming into our communities
- Assure jobs are available to American citizens and legal immigrants
Senate Pro Tem Mike BrayChair of Judiciary Liz BrownYour own State Senator, found here: https://iga.in.gov/information/find-legislators
Local senators include:
Senator Linda Rogers
Senator Blake Doriot
Senator Sue GlickSenator Eric Mishler
*Please let me know if you are hesitant to make calls and I will be happy to answer any questions. The easiest way is to ask them to support HB 1531 and give them one short reason. It doesn't have to be a perfect call!
We are pleased to see many important bills advancing this legislative session with strong support from our legislators. We will send an update soon.
We also wanted to include another article written by Curtis Hill and published by The Federalist:
https://thefederalist.com/2025/03/25/trump-isnt-defying-the-courts-hes-defending-the-constitution/
"Nobody made a greater mistake than he who did nothing because he could do only a little." ~Edmund Burke