Indiana Marijuana Laws

Current Legality State
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Indiana State Information Page

  • Illegal for medical and recreational use
  • Not Decriminalized 
  • Medical use of CBD with low THC is legal for patients with severe epilepsy
  • Possession is not allowed
  • Cultivation is illegal
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The Indiana legislature has convened for its 2022 legislative session. Many cannabis policy reform bills have been introduced to legalize cannabis and decriminalize small amounts for adults to possess for recreation use.

A new bill has been submitted to set up a regulatory framework for the legalization of cannabis. While Governor Eric Holcomb hasn’t previously supported adult-use legalization, he recently said that he’s on board with having lawmakers pass legislation to prepare for legal cannabis if the federal prohibition is lifted.

Unlike other states that surround it, Indiana is currently one of only 13 states without an effective medical cannabis law or an established medical marijuana program and only 19 that still impose jail time for simple possession of cannabis.

Under state law, possession of minuscule amounts of recreational cannabis is punishable by up to a year of incarceration and a fine of up to $5,000.

State Laws and Offenses

Here’s a list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Indiana:

  • Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug.
  • According to the federal government, cannabis is still considered a Schedule I Controlled Substance.
  • Possession of any amount up to 30 g  is a Class B Misdemeanor, 1-year imprisonment, and a 5,000 USD fine.
  • Possession over 30 g is considered a Felony with six months to 2 ½ years in prison and a 10,000 USD fine. 
  • Sales above 30 g are Felony; marijuana charge penalties range from 6 months to 6 years and 5,000 USD to 10,000 USD depending on pounds. 
  • First Possession of paraphernalia for a person is an infraction with up to a 10,000 USD fine.
  • If convicted of a Subsequent possession of paraphernalia is a Felony with six months to 2 ½ years incarceration and a 10,000 USD fine.

Patients with treatment-resistant epilepsy are eligible for enrollment in the limited medical program. To qualify, patients must have a medical condition on this list: Dravet syndrome, Lennox-Gastaut syndrome, or another form of epilepsy where they have not responded to at least two other treatment options.

They must also be an Indiana resident.

Eighty percent of Indiana voters support efforts to legalize medical cannabis or for recreational purposes, and 78 percent are polled in favor of decriminalizing simple possession of marijuana.

Indiana has been able to legalize medical marijuana in a very limited low-THC, CBD oil medical program. The physician must be board certified in neurology in order to make recommendations for patient enrollment in the program.

Patients are only permitted to consume oil extracts composed of 0.3% THC or less and at least 5% CBD.

Yes. CBD derived from the hemp plant is legal in Indiana if it has under 0.3% THC due to the passing of the federal Farm Bill of 2018, but it is not manufactured or distributed by the state. 

No, cannabis edibles are illegal in Indiana. CBD food and drink products are legal.

Cannabis Policy Reform Timeline

1913: The state of Indiana bans the sale of weed with a medical prescription; it was eventually entirely prohibited due to federal regulations 

2013: The committee rejected a senate bill to decriminalize possession of small amounts of cannabis.  Later that year, they approved amendments to HB 1006 to decrease possession penalties and raise certain possession types from misdemeanors to felonies. Per Gov. Pence, this was in an effort to reduce crime and maintain corrections but the house bill failed.  

2015: The First Church of Cannabis was created approximately the same time the Religious Freedom Restoration Act was passed.  He proceeded to sue the state for infringement on freedom of religion rights. 

2017: CBD oil with a THC percentage below 0.3 is legalized for patients with certain types of epilepsy as a qualifying medical condition.

2018: Governor Eric Holcomb signed a new law legalizing CBD oil with less than 0.3% THC is for all adult use in Indiana

2019: Marion County decriminalized small amounts; recreational marijuana possession of one ounce or less

2022: Marijuana legalization efforts have led to marijuana laws that are pending the passage of House and Senate cannabis reform bills to legalize weed for cannabis consumers and allow access to dispensaries.

Updated 6.14.2022