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STATEHOUSE (Jan. 27, 2022) – The Indiana House of Representatives today advanced State Rep. Sean Eberhart's (R-Shelbyville) legislation decriminalizing craft hemp flower.
Eberhart, chair of the House Natural Resources Committee, said hemp growers and businesses are currently barred from selling the plant in flower form. The craft hemp flower can be used for medicinal benefits, such as alleviating physical pain or addressing sleeping issues. His legislation would pave the way for Hoosiers to grow and sell the commodity, and allow personal use through smoking. Growers would be licensed and testing would ensure production falls within Indiana law.
"Bad actors are currently reaping the rewards of selling and using craft hemp flower, while Hoosier farmers and small-business owners are missing out on the benefits of this cash crop," Eberhart said. "Law-abiding hemp producers are at a competitive disadvantage and this bill would fix that."
According to Eberhart, hemp was legalized federally by the 2018 Farm Bill, but smokable hemp remains illegal in Indiana.
Eberhart said his proposal would also allow those 21 years old or older to purchase and use craft hemp flower for personal use. He said the plant has a THC level of 0.3%, lower than the threshold to be classified as the drug cannabis, meaning users can't get high from smoking craft hemp flower.
The bill would also require craft hemp flower to be contained in tamper-evident packaging, ensuring law enforcement could easily discern it from marijuana.
"Decriminalizing the craft hemp flower is an important next step in expanding our agriculture industry, and Hoosiers need to be able to take advantage of this cash crop sooner rather than later," Eberhart said.
At least 39 other states have legalized hemp flower for personal use, including Michigan, Illinois and Kentucky.
House Bill 1043 now heads to the Senate for further consideration. For more information on the legislation, visit iga.in.gov.
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State Rep. Sean Eberhart (R-Shelbyville) represents House District 57,
which includes Shelby County and portions of Bartholomew and Hancock counties.
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