The Indianapolis Star featured a story one Indianapolis resident who got arrested. He was pulled over by the police during routine traffic checks but ended up being arrested for having marijuana.
But did he have marijuana?
No, he had a CBD flower which is legal in Indiana.
So why arrest him?
According to the police who arrested him, CBD looked exactly like marijuana, smelled like marijuana and was even identified by sniffer dogs as marijuana even though it wasn’t marijuana.
Why all the mix-up?
Hemp is legal including its compound, CBD. But marijuana is illegal, and both of them are from the cannabis sativa plant.
The difference is, marijuana contains THC that makes people “high” but, hemp has no THC and has more CBD (cannabidiol).
Indiana law recognizes CBD, CBD flowers and hemp as legal so long as they have less than 3 percent of THC.
The problem is that the police department in Greenfield and others within the state don’t have the equipment to measure the amount of THC in CBD flowers which are the main factor that differentiates it from marijuana.
The law is clear, but police still find it difficult to keep up with this law. And because CBD is gaining popularity, other law enforcement agencies will likely face the same challenge.
So, even if it’s legal to use CBD, you have to take some precautions.
Make sure your CBD products remain in their original container because CBD products are well labeled and have a QR code which links back to the product. This may help in case the police stop you.
If you have something in your home or car that looks like marijuana, police will have every reason to arrest you even if they later realize its CBD.
Don’t carry CBD around, leave it safely at home. If you have concerns about the legality of CBD in your state, speak to an attorney that specializes in CBD. Or ensure they know the difference between marijuana and CBD.