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.
IN Marijuana Laws
Updated on May 19, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Indiana Medical Marijuana Laws
Indiana marijuana laws are some of the toughest in the country, though legislation is pending that would allow qualified patients to access medical marijuana and there is support among the public. To date any sort of possession can result in severe fines and jail time of up to a year. Although there has been some movement toward making cannabidiol (CBD) possession for epileptic patients legal, and an overwhelming majority of voters in the state (73%) are in favor of medical use, Indiana medical marijuana laws continue to lag far behind those in other parts of the country.
Marijuana Law in Indiana Update
It is illegal to possess marijuana in Indiana. In fact, if you cultivate marijuana plants (or fails to destroy marijuana plants that the person knows are growing on the person’s property) you are also in violation of the law.
A state senator filed a bill in January 2017 calling for access to CBD oil for patients suffering from severe epilepsy. Indiana would be only the second state in the U.S. to establish such a program. The measure would allow certain children suffering from “intractable” epilepsy to use the oil, which doesn’t contain enough of the psychoactive component THC to create any sort of euphoria, or “high.” Some of these children suffer hundreds of seizures a day. In addition, advocates for medical marijuana law are fighting to make it legal for those with other types of health problems, such as PTSD (Post-Traumatic Stress Disorder).
When it comes to medical marijuana laws in Indiana, this is a major sign of progress. However, the state has a long way to go. There have been several bills introduced in the state legislature over the last few years, but none of them have progressed very far.
SB 255 and HB 1316 introduced the establishment of a medical marijuana program called DOME, or the Department of Marijuana Enforcement. This department will permit patients and caregivers to possess marijuana for treatment of certain medical conditions. It will also grant medical marijuana research licenses to facilities with a physical presence in Indiana.
Rep. Jim Lucas announced in August 2017 that he would be introducing legislation to legalize medical marijuana during the next session.
Penalties Under Indiana Marijuana Law
Marijuana laws in Indiana can be extremely harsh in some instances. While possession of 30 grams or less is considered a Class B misdemeanor — punishable by no more than 180 days in jail and a fine of no more than $1,000, someone caught with less than 30 grams who has a prior drug offense could be looking at as much as a year in jail and a fine of up to $5,000. If the amount is 30 grams or more with a prior offense, the penalties range from six months to 2.5 years in jail and a fine of up to $10,000.
Anyone convicted of manufacturing paraphernalia under Indiana marijuana law faces a fine of up to $10,000, with a subsequent conviction resulting in a jail sentence of anywhere from six months to 2.5 years. Possession of paraphernalia carries the same punishments, as does a conviction for dealing in paraphernalia. In addition, if someone is convicted of possessing, selling or distributing marijuana, they face a driver’s license suspension that will last anywhere from six months to two years.
Find more information about medical marijuana laws in Indiana. Learn more about local policies and regulations from Marijuana Doctors.