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Last week, the Dubois County Prosecutor’s Office sent letters to multiple businesses in Dubois
County that were believed to be selling Delta 8, Delta 10, and Smokeable Hemp Products.
On January 12, 2023, the Indiana Attorney General’s Office issued an official opinion that
Tetrahydrocannabinol Variants and Other Designer Cannabinoid products (which would include
Delta 8) DOES fall under the statutory definition of a Schedule I Controlled Substance.
Therefore, the possession and selling of these products constitutes Possession of a Schedule I
Controlled Substance and Dealing in a Schedule I Controlled Substance. Under Indiana law,
depending on the weight of the substance, the penalty ranges from a Class A misdemeanor to a
Level 2 felony.

Another product some retailers in Dubois County have on their shelves is smokeable hemp. This
product is also illegal under Indiana Code 35-48-4-10.1. There is an exception in the law for
CBD products with less than 0.3% THC. That does not, however, include anything with THC
that is smokeable.

Based on police reports from local law enforcement, the Dubois County Prosecutor’s Office has
seen that individuals in the community are purchasing these products at local retailers because
they believe them to be legal based on them being available in stores. In turn, these individuals
are ending up with potential criminal liability for possessing these products and/or operating a vehicle
while intoxicated charges from consuming these products. Various medical and/or mental
health providers in the community are also seeing issues with these substances.

Based on all this information, Prosecutor Beth Schroeder sent letters to retailers in Dubois County asking them to stop selling these products. Beth Schroeder stated, “Delta 8, Delta 10, and Smokeable Hemp products are creating legal and/or health problems for individuals in our community, and it is the prosecuting attorney’s job to
protect the safety of the community. I’m asking Dubois County retailers to stop selling these
products based on the opinion of the Indiana Attorney General that they are illegal.”
If the Dubois County Prosecutor’s Office becomes aware of additional businesses that are selling
these products in Dubois County, letters will be sent to those retailers as well.

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