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.
DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.
Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents.
LEARN | LAWS & REGULATIONS
Is weed legal in Indiana?
No. Adult, or recreational, cannabis use is illegal in Indiana and the state has no provision for medical marijuana use either. Hemp-derived CBD oil with less than 0.3% THC is the only form of cannabis that’s permitted.
Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000. Possession of more or subsequent offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.
In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger helped pass the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana adopted some of the strictest cannabis laws in the United States.
Efforts to change legislation began in early 2013, though these efforts found little success. In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee.
In early 2015, bills were introduced both in the House ( HB 1487 ) and Senate ( SB 284 ) to legalize medical marijuana for certain qualifying conditions with a physician’s recommendation. The House Bill failed to advance, and the Senate bill died before receiving a hearing.
Four years later in April 2017, Gov. Eric Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures whose symptoms were resistant to traditional treatments. While HB 1148 legalized hemp-derived CBD, it didn’t specify a way for patients to purchase it.
The vagueness in HB 1148 made way for a new law that broadened access to CBD and specified regulations surrounding its sale. In March 2018, Holcomb signed SB 52 to allow the use and sale of CBD for any purpose, so long as it contained less than 0.3% THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 took effect July 1, 2018.
When will medical marijuana be legal in Indiana?
Typically, that is up to the state’s residents, governor, and legislators. In an interview with the Chicago Tribune in March of 2020, State Rep. Mike Karickhoff (R-Kokomo) said cannabis is “still illegal federally, and Gov. Holcomb has been very firm he’s not going to support any legislation until the federal government legalizes it.”
How can I get a medical marijuana card in Indiana?
Indiana does not have a medical marijuana program and does not issue medical marijuana cards.
What is the charge in Indiana for possession of marijuana?
Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000.
What is a felony possession of marijuana in Indiana?
Possession of more than 30 grams of marijuana or multiple offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.
This post was updated October 22, 2020.
View the cannabis & CBD laws & regulations for Indiana.