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Indiana Marijuana Laws

Created byВ FindLaw’s team of legal writers and editors | Last updated March 22, 2018

Between medical marijuana, legalization, and decriminalization, it seems like every state is changing its marijuana laws lately, and it can be hard to keep track of which laws apply where. Especially with different constitutional amendments and ballot measures popping up all over.

Up until the present, the Hoosier State has kept it simple – outlawing pot completely with some of the most stringent marijuana penalties in the country. But that could change with some state lawmakers hinting at medical marijuana or legalization in the future. Until then, here’s a brief summary of Indiana’s current marijuana laws.

Marijuana Laws in Indiana

Other states have expanded their drug laws to cover marijuana legalization and decriminalization, but marijuana remains illegal in Indiana even in medicinal cases. Possession of even small amounts of marijuana is a crime in the Indiana, albeit having less than 30 grams on you is a misdemeanor. Some jurisdictions may offer drug diversion programs for some first-time offenders with no criminal history, it’s still a criminal offense, risking jail sentences and heavy fines.

Indiana Marijuana Statutes

As noted above, drug laws can differ from state to state, especially state marijuana laws. Learn more about Indiana marijuana laws in the table below.

Under 30 g.: Class A misdemeanor; Over 30 g.: Class D felony; Subsequent offense: Class D felony

Class A misdemeanor; 10 lbs. or more or delivered on school property or bus or within 1000 feet of either: Class C felony; Class C felony: 10 lbs or more on a school bus; Sale of 30 g. to 10 lbs. and recipient a minor and person has prior conviction involving marijuana: Class D felony

Despite what a state’s marijuana laws says, the possession and sale of marijuana remains illegal under federal law by way of the Controlled Substance Act. And where federal and state law clash, federal law will always trump. To date, federal law enforcement agencies have left prosecution of minor marijuana cases to the states, even in Colorado and Washington where recreational use is permitted. That doesn’t mean, however, that the federal government has given up on enforcing restrictions on possession, manufacturing and cultivation and trafficking and distribution of controlled substances, including marijuana.

More Information

You can also continue your own research in FindLaw’s drug charges section. If you want help with a substance abuse problem, the Indiana Division of Mental Health and Addiction can provide drug treatment resources.

Learn More About Indiana Marijuana Laws from a Lawyer

State drug laws, especially in the marijuana context, can change frequently, and enforcement often varies depending on your specific circumstances. If you’d like to learn more about Indiana marijuana laws, or have been charged with a drug-related crime, you should contact a drug crime lawyer in Indiana to discuss your questions and concerns.

Chart providing details of Indiana Marijuana Laws

Indiana Marijuana Laws

Updated August 2019

Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents. Recreational marijuana possession in any amount is still a serious crime in the state, and efforts to legalize medical marijuana in the state have gained little traction within the legislature. State lawmakers did pass a low-THC medical cannabis law in 2017, but the program will only benefit a tiny fraction of patients. Learn more about Indiana marijuana laws below.

Recreational Marijuana in Indiana

Is marijuana legal in Indiana? No.

Unfortunately, there has been little effort by Indiana lawmakers to ease punishments for recreational marijuana. Possession of any amount of recreational marijuana in Indiana is charged as a Class A misdemeanor, punishable by 180 days in jail with a fine of $1,000. Possession of less than 30 grams with a prior drug offense is punishable by 1 year in jail and $5,000 in fines. Possession of any quantity greater than this (with a prior drug offense) is a felony, with up to 2.5 years in prison and $10,000. Note that conditional discharge can be given to first-time offenders, where they can be given probation over jail time and have the charges removed from their record.

Sale of less than 30 grams of recreational marijuana is a misdemeanor punishable by 1 year in prison and $5,000 in fine. Sale of higher quantities is a felony with up to 6 years in jail and $10,000 in fines.

In Indiana, even being in the presence where knowledge of drug activity occurs is a misdemeanor, punishable by 6 months incarceration and a $1,000 fine.

Medical Marijuana in Indiana

In May 2017, Indiana Gov. Eric Holcomb signed into law HB 1148, a bill that establishes a low-THC program for patients with severe seizure disorders. The law allows patients with a neurologist’s certification to access cannabis oils containing less than 0.3% tetrahydrocannabinol (THC).

Despite that an October 2016 poll found 73 percent of Indiana voters support the legalization of medical marijuana, the state of Indiana has yet to pass comprehensive medical marijuana legislation of any sort. Sen. Karen Tallian introduced a comprehensive medical marijuana bill in 2016, but the Indiana General Assembly concluded in the 2016 session without making progress.

Consumption of CBD from Hemp Oil in Indiana

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Indiana

Personal cannabis cultivation, whether for recreational or medical use, is illegal in Indiana. The state was, however, one of the first states to authorize the production of industrial hemp for commercial and research purposes, with the passing of Senate Bill 357 in 2014. Indiana’s University of Purdue has led one of the most visible industrial hemp cultivation programs since the law passed.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://iga.in.gov/legislative/2014/bills/senate/357/#
  • http://norml.org/laws/item/indiana-penalties-2
  • https://www.mpp.org/states/indiana/

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Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents.