Indiana Attorney General Issues Flawed Opinion on CBD

Attorney General Curtis Hill (left), with Vice President Mike Pence. Photo: Twitter/AGCurtisHill

Indiana Attorney General, Curtis Hill, issued an opinion on November 21, 2017 stating that, “No one in Indiana is authorized to sell cannabidiol under Federal or State law, and therefore, any retail establishment selling anything that contains cannabidiol is in violation of the law.” AG Hill’s opinion is deeply flawed, particularly with respect to Federal law.

The AG cannot make law. However, he can interpret it and attempt to prosecute individuals for alleged violations. Ultimately, it’s up the Court to acquit or convict someone who is prosecuted for an alleged crime. So, although AG Hill may be severely misguided, anyone who sells or possesses CBD in Indiana is currently subject to prosecution. I cannot imagine wanting to be a “test case” before the Court in this environment and would not presently advise anyone to sell CBD products in (or to) Indiana. I think it’s important to mention that AG Hill is a hardline conservative who is a vehement and outspoken opponent of any and all cannabis reform.

You can read a full legal analysis of Hill’s CBD Opinion here.

Rod Kight is a lawyer based in Asheville, NC. He is licensed in North Carolina and Oregon and represents legal cannabis businesses. You can contact him by clicking here.

Posted 11-22-2017. Updated on 11-23-2017 to link to the legal analysis post.