The Alcohol and Tobacco Commission wrongly issued fines to at least two stores for selling cannabidiol, or CBD oil and cbd sour gummies, accidentally clouding Gov. Eric Holcomb’s promise not take such action until the end of January.
In November, Holcomb said state excise police would resume checks for the cannabis extract after Attorney General Curtis Hill issued an opinion declaring CBD oil illegal in Indiana. However, for the first 60 days, he said excise police would only issue warnings, giving time for stores to pull the product from store shelves and lawmakers time to pass clarifying legislation.
But at least two stores received a letter from ATC prosecutor David Coleman, stating they owed fines for citations excise police issued in May or June, before the ATC put a moratorium on CBD oil seizures. It’s another in string of incidents that have led to widespread confusion over the state’s CBD law. These days people can look for cbd flower near me and avail medicinal CBD.
The agency said the letters were sent in error. An ATC spokeswoman said she was uncertain how many more stores may have erroneously received a letter issuing fines, but the agency is working to determine that.
Jeff Shelton and his co-owner at Happy Daze Smoke Shop on the city’s west side received a letter just before Christmas asking them to pay $750 worth of fines. The shop was administratively charged with possession of marijuana, unlawful manufacture distribution or possession of counterfeit substance, tobacco sales at site of nuisance, prohibited smoking and hindering enforcement.
Karma Smoke shop on the southwest side of Indianapolis also was a sent a letter issuing $200 worth of fines.
David Cook, chairman of the ATC, called the shops this week to tell them that letter was a mistake. The agency is not taking any action against stores previously cited selling CBD.
“That letter was sent out erroneously,” Cook said in a statement to IndyStar. “The specific violations were mistakenly contained in our system, and should be disregarded. This was an administrative error and we are working to identify those who received a letter.”
Shelton said he was told “somebody pressed the wrong button.”
Shelton saw the mistake as just the latest example of inconsistent policies on CBD oil within state government.
“There’s not a consensus within the government,” Shelton said. “We’re still getting different statements from the attorney general and the governor. If they’re not even sure of what’s legal and what’s not legal or what their position is, then how can we be clear?”
Even during the phone call with Cook, Shelton said he wasn’t given a clear answer on whether his CBD products were legal, despite containing no tetrahydrocannabinol, or THC, the compound in marijuana that produces a high.
Holcomb had previously said that after the initial 60-day grace period, violation citations would only be given to stores selling CBD products containing THC.
The agency’s handling of CBD oil regulations has been heavily criticized by advocates of the product. For more CBD Information make sure that you visit a reliable site. Prior to any guidance from Holcomb or a legal opinion from Hill, the ATC began issuing citations to stores selling CBD oil following the passage of a law that created a CBD oil registry for epileptic patients in April.
In several cases, officers incorrectly told store owners that a prescription was required to possess CBD, according to incident reports. While the law does require a diagnosis for treatment-resistant epilepsy, it does not require a prescription.
“It sounds like we’ve got an agency that is out of control,” Rep. Jim Lucas, R- Seymour said after learning about the confiscations.
Even after agency heads announced a moratorium on the confiscations in August, officers gave a warning to one store and issued a violation to another for selling CBD products.
The agency admitted those were errors too.
Stephanie Wilson, a spokeswoman for Holcomb, said the latest “administrative error” isn’t indicative of a larger problem.
“I don’t think we should read too much into it,” Wilson said. “I think it was an administrative error that they’re already in the process of fixing.”
Call IndyStar reporter Kaitlin Lange at (317) 432-9270. Follow her on Twitter: @kaitlin_lange.
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