A federal judge in Indiana has dismissed a lawsuit concerning the legality of delta-8 tetrahydrocannabinol (THC) and other low-THC hemp products. This decision marks the end of a nearly two-year legal battle initiated by the plaintiffs 3Chi, Midwest Hemp Council, and Wall’s Organics, who filed the suit after an opinion from Indiana Attorney General Todd Rokita declared these products illegal.
Judge James R. Sweeney II of the U.S. District Court for Indiana’s Southern District stated that the matter is fundamentally a question for the courts in Indiana. He noted that delta-8 is an isomer of delta-9 THC, which is the active component in marijuana.
The plaintiffs argued that Rokita’s opinion violated the 2018 federal Farm Bill, which removed hemp from the definition of marijuana. They claimed that his opinion unilaterally reclassified their products as Schedule I controlled substances, and they sought an injunction against this classification.
While the judge acknowledged that the plaintiffs had standing to sue, he ruled that they did not demonstrate that their alleged injuries could be addressed by the court. Sweeney pointed out that Rokita’s opinion is not legally binding and therefore cannot be considered law that could be preempted by federal legislation.
The judge highlighted that even if the opinion were nullified, local prosecutors and law enforcement would still interpret state law as they see fit. With prosecutors and law enforcement officers already dismissed from the case, only Rokita remained as a defendant. The judge noted that the plaintiffs failed to provide evidence showing that Rokita was responsible for prosecuting offenses or enacting related legislation.
Sweeney concluded that the plaintiffs’ focus on challenging the official opinion in federal court was their own responsibility. He dismissed the case without prejudice, allowing the plaintiffs the option to re-file in state court. Meanwhile, Indiana lawmakers have yet to reach a consensus on the legality of delta-8 products, although Senate Bill 478, which seeks to regulate this area, is still under consideration in the current legislative session.
English 
Spanish 
German 
Czech