{"id":1085,"date":"2018-11-09T19:43:53","date_gmt":"2018-11-09T19:43:53","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1085"},"modified":"2018-11-09T19:43:53","modified_gmt":"2018-11-09T19:43:53","slug":"can-i-get-arrested-for-cbd-oil","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/can-i-get-arrested-for-cbd-oil\/","title":{"rendered":"Can I Get Arrested for CBD Oil?"},"content":{"rendered":"

Although there are many United States local governments that have legalized medical and\/or recreational cannabis use under state law, Indiana is not yet one of them. However, on July 1st earlier this year, the Indiana General Assembly did approve the possession and usage of cannabidiol oil, more commonly known as CBD oil<\/em>, for recreational use or dietary consumption under Indiana Code (IC) 35-48-1-17.5<\/a>. <\/font><\/h3>\n

So it can’t get you in trouble with the law anymore, right? WRONG.<\/strong> Continue reading to learn why.<\/font><\/h2>\n
\"Indianapolis

Indianapolis OWI Attorney 317-636-7514<\/p><\/div>\n

It is Legal to Have CBD Products, However<\/em>\u2026<\/font><\/h1>\n

So what does this mean in common language? Well, it is now legal to possess \u201clow THC hemp extract\u201d products, such as CBD oil or those that contain it, which the state defines as, \u201cproducts that are derived from Cannabis sativa L.\u201d, or contain no more than 0.3% delta-9-THC (including precursors).\u201d Such products that fit this description are no longer considered controlled substances in the eyes of Indiana. <\/p>\n

BEWARE:<\/strong> Indiana is a Metabolite State <\/font><\/h1>\n

With this new legal language in place for Hoosiers, you can have CBD oil products on your person without the risk of any legal prosecution. However, this does not mean you are in the clear. You see, Indiana is known as a \u201cMetabolite State\u201d when it comes to OWI charges. Basically, if a person is arrested under the suspicious of operating a vehicle while intoxicated, they may be given a blood test to confirm their alcohol toxicity levels. If the person\u2019s blood work shows any metabolites (leftover traces) of a foreign substance with an observable drug-based chemistry, they can be charged with a DUI with a controlled substance (or its metabolite). This includes cannabidiol oil.<\/p>\n

What\u2019s the Penalty for Such a Charge?<\/font><\/h1>\n

Under IC 9-30-5-1<\/a>, a person charged with an OWI with a controlled substance or its metabolite may face a Class C Misdemeanor, which includes up to 60 days in jail and fines of up to $500. Even in the case that the discovered metabolite in their blood is an inactive compound (or a type that wouldn\u2019t cause intoxication if it were in their system), a defendant can still be charged and convicted of the crime.<\/p>\n

Facing DUI or Drug Possession Charges in Indiana?<\/font><\/h1>\n

If you are facing DUI or drug possession charges, you need a skilled Indianapolis criminal defense attorney<\/a> working your case. Although you can choose to use a public defender, a stronger chance at dismissing criminal charges or entering into alternative sentencing agreements is by hiring a licensed defense lawyer. They have the experience, litigation skills, and acute knowledge of the law to effectively build a defense that challenges your criminal allegations and pursue a more favorable outcome for your case.<\/p>\n

How to Get Started on Your Defense<\/strong><\/h2>\n

\"David

David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call the Law Office of David E. Lewis at 317-636-7514<\/strong> to schedule a free initial consultation and case evaluation. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana criminal charges and the best strategies for your defense. Call as soon as today!<\/p>\n","protected":false},"excerpt":{"rendered":"

Although there are many United States local governments that have legalized medical and\/or recreational cannabis use under state law, Indiana is not yet one of them. However, on July 1st earlier this year, the Indiana General Assembly did approve the … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[69,40],"tags":[580,44,582,581,554,480],"class_list":["post-1085","post","type-post","status-publish","format-standard","hentry","category-drug-crimes","category-dui-charges","tag-cbd-oil-legal","tag-dui-attorney-indianaoplis","tag-ic-9-30-5-1","tag-indiana-laws-cbd-oil","tag-indianapolis-drug-possession-lawyer","tag-owi-attorney-indianapolis"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1085","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1085"}],"version-history":[{"count":9,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1085\/revisions"}],"predecessor-version":[{"id":1095,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1085\/revisions\/1095"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1085"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1085"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1085"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}