Amazing Vapes

IC 15-15-13-6 sets the hemp threshold at 0.3% delta-9 on a dry weight basis and expressly includes 'acids', so THCA is not counted in the plant itself. The restriction is criminal instead: IC 35-48-4-10.1 makes selling smokable hemp a Class A misdemeanor, and IC 35-48-1.1-38 defines smokable hemp to cover a product containing THC 'including precursors and derivatives of THC, in a form that allows THC to be introduced' by inhalation. That reaches flower, pre-rolls, vapes and concentrates. Whether it extends past combustion to aerosol has not been settled by an Indiana court.

Indiana has read but unresolved: IC 35-48-1.1-38 reaches a form 'that allows THC to be introduced' by inhalation, and no Indiana court has decided whether that extends past combustion to aerosol. The vape and concentrate suppressions rest on the broader reading.

Separately, the federal hemp definition changes on November 12, 2026, when total THC replaces delta-9 as the test and finished products are capped at 0.4 mg of total THC per container. That applies nationwide regardless of state law.

Status reviewed July 30, 2026. Hemp rules are changing quickly and several are in litigation — verify against your state's statute or agency rule before you buy or sell. This is not legal advice. See all 51 jurisdictions .