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2023 Op. Ind. Att'y Gen. 1 (2023)

handle is hein.sag/sagin0144 and id is 1 raw text is: 





QFICE  OF THE ATTORNEY GENERAL                         302  1 WASHINGTON  Sr. IGCS STH FLOOR
               SirE  OF INDIANA                        I NDlANAPOts, IN 46204-2770



                                  TODD ROKITA
                                  ATTORNEY  GENERAL

                                                                   January 12, 2023

 OFFICIAL   OPINION 2023-1

 Superintendent Doug Carter
 Indiana State Police
 100 N. Senate Ave., IGCN 340
 Indianapolis, Indiana 46204

 Chris Naylor, Executive Director
 Indiana Prosecuting Attorneys Council
 302 W. Washington Street, Rm. E-205
 Indianapolis, Indiana 46204

        RE:   Tetrahydrocannabinol Variants and Other Designer Cannabinoid Products

 Dear Superintendent Carter and Mr. Naylor:

        You  requested an opinion from the Office of the Indiana Attorney General (OAG)
 regarding whether tetrahydrocannabinol (THC) variants and other designer cannabinoid products
 are considered controlled substances as that term is defined in Ind. Code § 35-48-2-4(d)(31).

                                      QUESTIONS

 1.  Can THC variants and other designer cannabinoids be prosecuted under Ind. Code § 35-48-2-
    4(d)(31) as a Schedule I controlled substance?

 2. More  specifically, do THC variants, including but not limited to delta-8 THC, delta-10 THC,
     THC-O, and THC-P  as well as derivatives and isomers of these compounds, fall within the
     currently defined controlled substance Tetrahydrocannabinols as scheduled within Ind. Code
     § 35-48-2-4(d)(31)?

                                    BRIEF  ANSWER

        Most THC  variants and other designer cannabinoids fall under the statutory definition of a
 Schedule I controlled substance pursuant to Ind. Code § 35-48-2-4(d)(31). Delta-8 THC, delta-10
 THC,  and THCP  are naturally found in the cannabis plant but are in small quantities and are
 commonly  synthetically produced. This would classify them as synthetic derivatives, making



                               TELEPHONE: 317.232620 1
                               wvwin.gov/attorneygencral/

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