The Indiana General Assembly concluded its business for the 2022 legislative session on March 8, 2022. Legislators on both sides of the aisle introduced a record number of fourteen (14) cannabis-related bills. These proposals ranged from providing regulated medical and/or adult use marijuana markets to Hoosiers, to legalizing hemp grain as a commercial animal feed, to re-legalizing the production and manufacturing of craft hemp flower and narrowing the definition of low THC hemp extract. Despite the objectively increasing interest in cannabis reform policies from Indiana lawmakers, there were no cannabis-related bills that made it all the way through the legislative process and into state law. However, evidence continues to point to a growing momentum for common sense cannabis reform in Indiana for a few reasons:

The Indiana legislative session is coming to a close, with deadlines looming and conference committees being scheduled. While the official end date is March 14, we anticipate the legislature to finish their business before this date. We wanted to provide you with this timely and accurate update regarding SB 209 and HB 1043. 

We want to thank Chairwoman McNamara and the rest of the House Committee on Courts and Criminal Code for standing up for farmers, small business owners and consumers in Indiana. An amendment was adopted this morning that deletes the offensive language narrowing the definition of low THC hemp extract and requests a summer study committee to review the issue further.

SB 209 is a disaster bill for the hemp industry and Indiana small businesses, which would set a horrible precedent for states around the country.  It will be heard in the House Committee on Courts and Criminal Code on Wednesday, February 16.

We are now in our first week of the second half of session and coming down to crunch time for HB 1043 and SB 209.

TL;DR: HB 1043 helps stabilize the hemp industry and ensure consumers have access to safe craft hemp flower products. Contact the Senate Committee on Commerce and Technology and ask that they support HB 1043. SB 209 contains language that is a direct attack on small businesses across the state. Contact the House Committee on Courts and Criminal Code and ask that they remove the low THC hemp extract language from the bill.

We have seen a record number of bills filed this year that impact the cannabis market in Indiana. It is more important than ever to stay informed on the latest happenings so that you can continue to educate lawmakers on the impact of these bills. So, where do the bills that impact Midwest Hemp Council members stand?

We are in the second week of the Indiana General Assembly’s legislative session and we need your help! HB 1043 has been assigned to the House Committee on Commerce, Small Business and Economic Development and the committee will hear the bill tomorrow, Wednesday, January 19, at 1:30 p.m.! Those of you who have reached out to members of the committee - thank you! But we still need your help to get the bill out of committee.  If you are a Hoosier consumer, farmer, retailer or other small business owner, please reach out to committee members to educate them on how this bill will benefit you.

We are in the second week of the Indiana General Assembly’s legislative session and we need your help! HB 1043 has been assigned to the House Committee on Commerce, Small Business and Economic Development and the committee members needs to hear from you! If you are a Hoosier consumer, farmer, retailer or other small business owner, please reach out to committee members to educate them on how this bill will benefit you.

Executive Summary: In June 2019, the Midwest Hemp Council joined small business owners in Indiana to challenge the criminalization of craft hemp flower in federal court. The U.S. District Court ruled in favor of the hemp industry and prohibited the enforcement of the statute criminalizing the production, sale and possession of craft hemp flower. This favorable ruling was appealed to the Seventh Circuit. Unfortunately, the Seventh Circuit inexplicably ignored the industry’s strongest argument and the one on which the U.S. District Court relied on to issue its injunction against the state—individual states do not have the authority to pick and choose what is legal coming off of the hemp plant, so long as the product is below .3% THC. This unfavorable order came out in July 2020 and resulted in the state being permitted to enforce the criminalization of craft hemp flower in Indiana. On Monday, May 24, 2021, after a nearly two-year battle in the federal court systems, plaintiffs voluntarily dismissed the case without prejudice. This means that if the regulatory or enforcement environment changes in Indiana, the door is still open if there is an interest in refiling the case.

It’s no secret the hemp industry continues to work through various choke points whether it’s the weather, bad genetics or limited access to proper banking channels. Despite these challenges, Hoosier farmers and small business owners continue to be optimistic about the future of the industry. The playbook for improving economic opportunity in the whole hemp plant economy is multi-faceted. To match the scale of what is needed and to make regional markets work better for more people, we must continue to educate our regulators, our lawmakers and other stakeholders with unified messages. And that’s exactly what has been happening in Indiana.

Join us for two days of networking and learning at CBD Expo Midwest, happening April 9 and 10 at the Indianapolis Marriott East. The event offers something for everyone - choose from thought provoking panels and exciting activities. Discover the cutting edge of research and medicine. Brush up on regulation and compliance. Fine-tune your marketing skills and improve sales under the guidance of industry experts. We'll be there, so come and see us:

• Visit MHC in the Expo Hall - we'll be at booth 11 and MHC members Adams Independent Testing will be in booth 32.
• Join MHC President Justin Swanson and members Joe Linne, Hoosier Hempster Dispensary, and Greg Kruger, DREEM Nutrition, for a panel on challenges and opportunities in retail and wholesale at 3:15 p.m. on Friday.
• Join MHC member Austin Rhodus, DREEM Nutrition, for a panel discussion on terpenes at 1:30 p.m. on Saturday.
• MHC member Dr. Dan Silva of Midwest Hemp Testing Services will take part in a panel discussion on creating novel CBD formulations on Friday. He will also take part in a panel discussion on cutting edge cannabinoid science and host a Center Stage presentation on identifying effective cannabinoids on Saturday.
• MHC member Dr. Richard Sams of KCA Laboratories will participate in a panel discussion on minor cannabinoids at 10:15 on Saturday and a panel on the cutting edge of cannabinoid science immediately following.
• Joe Linne will also participate in a panel discussion on CBD regulations in the Midwest at 1:30 on Saturday.

HB 1224 was heard in the Senate Committee on Commerce and Technology yesterday. The Committee did not take a vote yesterday, and we need your help to get it on the committee agenda for Thursday. MHC President Justin Swanson offered the following statement on yesterday’s hearing and the importance of HB1224 for the whole hemp plant economy in Indiana:

Indiana members! This is it! HB 1224 will be scheduled for a hearing at 9:30 a.m. on Monday, April 5, in the Senate Committee on Commerce and Technology. We need all of you to consistently contact the committee members and ask that they vote “Yes” on HB 1224. Their contact information can be found below. This bill will not pass unless you help educate Senators on why this bill is so important to you as a farmer, business or consumer. Currently, craft hemp flower is free to move in “continuous transit” in Indiana - so long as an Indiana farmer didn’t grow it, an Indiana business didn’t sell it and an Indiana consumer didn’t possess it.

• extending the harvesting window to 30 days
• improving sampling requirements
• allowing remediation
• raising the negligence threshold from .5% THC to 1% THC.

Midwest Hemp Council’s 2021 Hemp at the Crossroads conference, originally scheduled for February 4-5, 2021, has been postponed until December 1-3, 2021.