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Updated August 2019
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.
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.
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).
Is marijuana legal in Indiana? No.
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.
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.
Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents.
A possession, sale, or distribution conviction will result in a driver’s license suspension for 6 months- 2 years.
- § 35-48-4-10 of the Indiana Code
- § 35-48-4-11 of the Indiana Code
- § 35-48-4-12 of the Indiana Code
- § 35-50-3-2 of the Indiana Code
- § 35-5-2-7 of the Indiana Code
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.
- § 35-48-4-10 of the Indiana Code
Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a level 6 felony, punishable by 6 months to 2 ½ years imprisonment and a maximum fine of $10,000.
- 34-28-5-4 of the Indiana Code
- 35-48-4-8.3 of the Indiana Code
State law exempts CBD (cannabidiol) products from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.
- 35-48-4-10 of the Indiana Code
Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment, with the advisory sentence being 1 year and may be fined not more than $10,000. Possession with intent to manufacture, finance the manufacture of, deliver, or, finance the delivery of shall follow the violations listed under “Sale or Cultivation.” Conditional discharge may be available for first-time offenders.
NORML – Working to Reform Marijuana Laws Offense Penalty Incarceration Max. Fine Possession CBD products with less than 0.3% THC None None $ 0 Any amount