The Dubois County Prosecuting Attorney’s Office is taking action by sending letters to local businesses to notify them that the sale of Delta 8, Delta 10, and Smokeable Hemp Products is considered illegal in Indiana. Based on an official opinion issued by Indiana Attorney General Todd Rokita on January 12, THC Variants and Other Designer Cannabinoid products, including Delta 8, fall under the definition of a Schedule I Controlled Substance according to the state’s statutes. Possession and sale of these products are thus considered offenses of Possession and Dealing in a Schedule I Controlled Substance, which carry penalties ranging from a Class A misdemeanor to a Level 2 felony, depending on the quantity involved. The Dubois County Prosecutor’s Office has become aware that individuals in the community are purchasing these products from local retailers under the mistaken belief that they are legal since they are available in stores. This has led to potential criminal liability for possession and even charges related to operating a vehicle while intoxicated. Prosecutor Beth Schroeder believes that selling these products places customers at risk of criminal charges and poses a disservice to the community. Prosecutor Schroeder has sent letters to retailers in Dubois County, requesting that they discontinue selling these products. The Dubois County Prosecutor’s Office will continue monitoring businesses in the county and sending letters to those found selling these products. Regarding individuals found in possession of these products, Prosecutor Schroeder intends to consider criminal charges on a case-by-case basis.
