Governor Eric Holcomb gave retailers 60 days to sell or pull the products from their shelves.
But State Senator Jim Tomes of Posey County doesn't agree with that decision and has filed a bill to legalize it.
The bill would legalize the oil and repeal prior provisions relating to the CBD registration. Just last month state Attorney General Curtis Hill released an opinion declaring CBD oil illegal.
We talked to one local business owner who says, he's with Senator Tomes. He has even started a petition to keep it legal.
"Over the summer this year is really when it took off," said manger of Adele's Naturally, Jordan Fink.
CBD Oil has been the most popular product recently at Adele's naturally. Governor Eric Holcomb gave retailers 60 days to sell or pull the products from their shelves.
Fink says he's still selling it and hoping that new legislation will legalize it.
"Financially, yeah, we would take a little bit of a hit, but more so we would not be able to service our customers the way that we've been able to for the better part of two years carrying hemp derived CBD on the shelf," said Fink.
One customer said she knows several people who use it, and have had great results so much so she's decided to try it.
"I hope that it stays in stores I mean it's the better alternative, to what some people do to get that relaxation and you know those pains and aches to go away and it's legal you know just let the people have their medicine," said customer, Jenna Gray.
Fink explained the crack down on opioid really boosted sales, because people are looking for something to take away the pain without the risk of addiction.
"We have tried to get the education out there of the past two years this is not marijuana there is no possibility of getting high we have seen those customers not come back," added Fink.
Fink said making CBD oil isn't just a problem for the stores that sell it, but it will be a problem for police down the road.
"The problem any type of law enforcement would have with that is that there's not tell for somebody that's using CBD, if somebody is abusing alcohol you can tell they're abusing alcohol if someone is abusing high THC marijuana you can tell they are high with CBD people are in good moods and they're walking around pain free," he added.
So for now, Fink continues to sell the oil and encourages people who come to the register to sign the petition to keep it legal. He explained he hopes Senator Tomes' bill will pass so his customers can continue getting the pain relief that works for them.