New CBD Oil Law Clarifies Murky Regulations

By Abrahm Hurt
TheStatehouseFile.com

INDIANAPOLIS —After living with diabetes for 51 years, Dr. Pamela Reilly has been able to lower her insulin levels by 45 percent.

She used CBD oil—also known as cannabidiol—to make that change.

Reilly, a naturopathic physician who started the Good Works Wellness Research in Fishers, has seen the impact that CBD oil has had on her own life and her clients. That is why she supported legislation that legalizes the sale of a low-THC cannabis extract.

Last week, Gov. Eric Holcomb signed into law Senate Enrolled Act 52, which allows all Hoosiers to buy and use CBD oil that contains less than .3 percent THC, the substance that gives marijuana users a high.

“The bill that the legislature passed is exactly the bill that I asked for at the very outset,” Holcomb said. “I wanted to make sure we knew the levels. I wanted to make sure we had labeling and that the folks that needed this had access to it and they do.”

Reilly said she is hopeful the new law will eliminate the confusion and misrepresentation of CBD oil.

“What I love about Senate Bill 52 is that there’s now no question about whether it’s legal or not,” Reilly said. “And there shouldn’t have been before, but multiple media stations misreported. They didn’t do adequate research, and that created a huge amount of confusion.”

Part of the confusion came from Indiana Attorney General Curtis Hill. In November, he released an official opinion declaring that under state law, CBD oil was illegal in Indiana. He followed up with a column published Dec. 14 in The Indianapolis Star.

“There is no doubt, as a matter of legal interpretation, that products or substances containing cannabidiol remain unlawful in Indiana as well as under federal law,” he wrote in the column.

Kristen Williams, digital director of communications for Hill, said the attorney general’s position on CBD oil as expressed in his op-ed still stands today. His office declined to provide his response to the new law.

Confusion about the legality of CBD oil usage began during the 2017 session after legislators approved limited use of the product by patients with epilepsy. That action led lawmakers to clarify the law during the 2018 session.

Sen. Michael Young, R-Indianapolis, said he authored the bill because people have benefitted from using CBD oil to treat a variety of problems like epilepsy, cancer, and anxiety.

“Since we are limiting how much THC can be in the product, there is no risk for people to use this to get high,” he said in a statement after the bill passed the Senate. “My hope with this bill is that more Hoosiers will be able to use this product to treat their ailments.”

Reilly said she has seen her patients benefit from the use of cannabidiol and in some cases the changes in health are dramatic.

“I truly see miracles every single day,” Reilly said. “I have clients that have been able to work with their doctor to get off medications. I have children with ADD and ADHD that are now doing fine in school. I can just go on and on and on.”

The new law requires manufacturers to have each batch of the product tested in order to ensure it has less than .3 percent THC. It also mandates that products sold in Indiana to have a QR code on the label linking it to a document containing information on the batch, such as the ingredients and the name of the company that manufactured the ingredients.

Retailers have until July 1 to make sure all CBD products they’re selling meet the new labeling requirements.

However, there are still concerns about the oil’s legality even with the recent legislation’s passage. Sen. Aaron Freeman, R-Indianapolis, said he opposed the bill because it’s illegal under federal code.

“I don’t have a concern about anything with the products,” he said. “My concern is that the federal government has listed them as a Schedule 1 narcotic drug. It is illegal to possess under federal law and pharmacists cannot dispense it legally.”

Rep. Matt Pierce, D-Bloomington, supported the bill but said the new requirements for regulating the substance and even more may be done with the legislation for the third, consecutive legislative session.

“I think we’re going to have to come back and fix this next year, but we’ve got to at least get it legal,” he said on the House floor.

Reilly said she did not believe the new packaging and labeling requirements would hurt businesses that sell CBD oil because it’s a one-time change.

“Once they walk through that process, it will be business as usual. They have enough time to do that, so it’s not cumbersome,” she said. “Is it convenient? No, but I don’t feel like it’s a big deal.”

FOOTNOTE: Abrahm Hurt is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.