Delta-8 regulations clear House but headed into negotiations
Contentious regulations for marijuana-like products advanced through the Indiana House of Representatives on Tuesday, but will have to survive closed-door negotiations before crossing Gov. Mike Braun's desk.
'I filed a dissent,' Sen. Travis Holdman, the measure's author, told the Capital Chronicle.
'We've got some clean-up to do,' the Markle Republican said. '… We'll be working on it.'
Products with legally low concentrations of delta-9 tetrahydrocannabinol have proliferated in Indiana, alongside those containing delta-8 THC and other isomers. Attempts to regulate the nascent industry, which is booming on shaky legal footing, have failed repeatedly — but are nearing law, in the form of Senate Bill 478.
Delta-8 regulatory qualms go unaddressed as Indiana House approves homelessness, DEI measures
'These products, being legal under federal law, but having no regulatory structure here in the state, means that technically, it's not illegal to sell these products to minors (or) to target youth with advertising or packaging, and that there's no testing requirements to protect consumers from potentially dangerous adulterants,' said Rep. Jake Teshka, the House sponsor, on the chamber's floor Tuesday.
The measure sets out advertising, age-limit, licensing, packaging, testing and other requirements over the currently unregulated substances. It authorizes the Indiana Alcohol and Tobacco Commission to oversee the industry, including approving up to 20,000 retail permits.
Lawmakers have put it through a whopping seven rounds of edits. But critics — including Indiana's attorney general and anti-marijuana groups — still have objected, arguing the language would expand existing loopholes.
'With Senate Bill 478, I think we finally have an opportunity to rein in this market,' Teshka, R-North Liberty, said. 'We have the opportunity to provide real clarity to law enforcement, to protect Hoosier youth, to empower our farmers and to protect our consumers.'
Members of Teshka's own caucus remained skeptical.
'I recognize that … the General Assembly should take action on the current state of this product,' said Rep. Tim Wesco, R-Osceola. '… (But) I don't feel like this is the appropriate action.'
Instead, it's 'moving us further down a path of increasing — dramatically increasing — access to these products that are known to have adverse and negative effects,' Wesco continued. '… We're setting up a framework that we're likely not going to go back on, that is just going to expand from here.'
Lawmakers from both parties crossed sides in the 60-37 vote.
The bill next heads to conference committee for negotiations. Conferees will hammer out a compromise. If it survives that process, it'll head back to each chamber for a final vote before going to Braun.
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