On February 4, 2025, the Senate Corrections and Criminal Law Committee heard SB 138 on sale of low THC products to persons less than 21 authored by Sen. Bohacek. The bill provides that: (1) it is a Class B misdemeanor for a person to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish a product containing low THC hemp extract to a minor; (2) the offense is Class A misdemeanor if the person has a prior unrelated conviction under the statute; and (3) the offense is a Level 6 felony if the consumption, ingestion, or use of the product containing low THC hemp extract is the proximate cause of the serious bodily injury or death of any person.
The bill was amended by consent to increase the penalties for the sale of low THC hemp extract to a minor by one level to a Class A infraction and makes it a Class B misdemeanor for a minor to possess low THC hemp extract.
The Midwest Hemp Council testified in support of the bill. The bill was held for amend and vote.
On February 11, 2025, the bill was amended to increase the penalties for the sale of low THC hemp extract to a minor to a Class A misdemeanor and includes enhancements for prior convictions. The amendment includes products containing cannabinoids in the prohibition and makes it a Class B misdemeanor for a minor to possess low THC hemp extract or a product containing cannabinoids. The amendment also provides that nothing in the statute may be construed to suggest that the sale or possession of low THC hemp extract or any quantity of a cannabinoid by an adult is legal in Indiana.
The amended bill passed 8-0.
Read the bill at https://iga.in.gov/legislative/2025/bills/senate/138