Indiana Marijuana Laws

Key Points

• The use, sale, possession, and cultivation of marijuana for medical or recreational purposes remain prohibited in Indiana as of early 2024
• In 2022, Governor Eric Holcomb revealed that cannabis may remain illegal in Indiana until it becomes legal at the federal level
• Although cannabis is illegal, patients who have epilepsy are allowed to use CBD oil with no more than 0.3% THC to treat their medical conditions
• All 13 cannabis-related bills aimed at legalizing marijuana in the state in 2022 failed
• Violating Indiana's ban on cannabis attracts severe punishments, including jail terms and fines, and the severity depends on the amount of marijuana involved

Is Marijuana Legal in Indiana?

Marijuana is illegal for recreational and medical purposes in Indiana. Although the bill for marijuana use has been introduced and seems to be gaining much more attention in the 2022 Indiana General Assembly, marijuana is still illegal in the state. Indiana did allow limited medical use of low-THC high-CBD oils for uncontrollable seizures in 2017.

In 2018, Governor Holcomb signed Senate Bill 52, legalizing the use of low THC (CBD) oil derived from hemp for more medical uses. Cannabidiol (CBD) is a cannabis compound that can be extracted from industrial hemp containing 0.3 percent of THC or less, and it cannot get people high due to its low THC content. The law permits the purchase, possession, and sale of CBD oil. This law was an advancement of House Bill 1148, which allowed CBD oil with less than 0.3% THC as treatment for patients with epilepsy. However, there was no practical means of purchasing it until the 2018 bill was passed.

Medical and recreational marijuana are still illegal in Indiana, and violation of their ban is a class B misdemeanor that could attract imprisonment of up to 180 days and a $1000 fine. The punishment could also increase depending on the quantity of marijuana.

In addition, marijuana is illegal under federal law, so anyone caught crossing the border or on federal lands possessing or using marijuana and marijuana products could be charged with drug trafficking under federal law.

Can I Use Cannabis in Indiana?

No, cannabis is currently illegal for medical and recreational purposes in Indiana. Also, Marijuana is listed as a Schedule One Drug at the federal level by the US Drug Enforcement Administration (DEA). Marijuana is obtained when the leaves, stems, seeds, and flowers of the Cannabis sativa and Cannabis indica plants are harvested and dried. Marijuana is commonly called weed or pot. It has psychoactive properties and can be used as a medicinal or recreational drug because of its calming and relaxing effect.

The cannabis plant contains a group of chemicals called cannabinoids. There are about 120 cannabinoids in the cannabis plant, which are found in some drugs prescribed for nausea, vomiting, and epilepsy. THC (tetrahydrocannabinol) and CBD (cannabidiol) are the most popular cannabinoids in nature. Both THC and CBD have diverse effects.

• THC - is the primary psychoactive compound in cannabis. It produces the “high” feeling people get from weed. It is formally called delta-9-tetrahydrocannabinol
• CBD - Has psychoactive properties, but it does not produce the “high” feeling; that is, it does not result in euphoria or intoxication. It is often prescribed for anxiety and seizures. In 2018, the Food and Drug Administration (FDA) approved a medication (Epidiolex) obtained from pure CBD and used in treating severe forms of epilepsy. Epidiolex has no THC content. CBD is available as oils for topical application, gummies, candies, and capsules (taken as supplements)

In 2018, The 2018 Farm Bill was passed into law, and it excluded hemp and hemp products with extremely low THC concentrations, that is not more than 0.3 percent THC, from the Controlled Substances Act (CSA).

The History of Marijuana illegality in Indiana started in 1913 when it was prohibited for use without a doctor’s prescription. In February 2013, a bill was introduced to remove penalties for small amounts of marijuana use, but it was not passed into law. After that, the Senate offered to amend House Bill 1006, which had included minimal penalties for possession of cannabis, with an added revision to raise specific types of possession from misdemeanors to felonies. Governor Mike Pence disagreed, saying, “there is a greater need to reduce crime, not reduce penalties in the state”.

Indiana Marijuana Laws in 2024

At the beginning of 2022, 13 marijuana-related bills were introduced, but none was passed. Governor Eric Holcomb is steadfast in his opposition to the legalization of marijuana. He stated that marijuana possession and use would only be legal in Indiana when it becomes legislated federally. The bills that were introduced in the Indiana 2022 legislation include:

Senate Bill 324

This bill proposed to legalize cannabis with the following provisions: establishment of the Cannabis Regulatory Agency (CRA) to regulate cannabis and permit the licensing of marijuana cultivators, processors, and dispensaries. The CRA will be mandated to adopt rules that restrict the number of dispensaries in a city, town, or county. Also, the CRA will adopt rules that allow a reasonable number of dispensary permits to be awarded to minority businesses and women's business enterprises. The CRA will also fix permit fees for each category. The bill also creates the CRA Advisory committee to advise the CRA. The bill states that references to "marijuana" in the Indiana Code would be changed to "cannabis". Possession of cannabis and paraphernalia used in connection with cannabis will be legalized. There will be lawful manufacture and delivery of cannabis and paraphernalia if done substantially adhering to cannabis legalization provisions. The sale and delivery of cannabis to a person under 21 years of age is a Class B misdemeanor. The consumption of cannabis in a public place is a Class C infraction. A person sentenced for a cannabis offense committed before July 1, 2022, will be allowed to appeal for sentence modification

Senate Bill 414

This bill would have established a procedure for the lawful production and sale of marijuana in Indiana. Also, it proposed legalizing marijuana for adults.

House Bill 1311

This bill also proposed the legalization of cannabis and established a procedure for the lawful production and sale of marijuana in Indiana.

Senate Bill 197

This bill proposes regulations for cannabis production and use and creates a cannabis compliance Advisory Committee to review and assess rules and laws. It also included the creation of the Cannabis Compliance Commission to regulate all forms of legal cannabis, including hemp and low THC hemp extract.

House Bill 1405

This bill was proposed to study the legalization of recreational marijuana. Marijuana Policy Study Commission would be established to study the social and economic impacts of legalizing adult use or recreational marijuana. The commission was required to turn in a report on or before November 1, 2023.

Senate Bill 231

This bill would establish a medical marijuana program in Indiana that permits patients and caregivers who received a written certification from a state-licensed physician to possess a lawful amount of marijuana for treating qualifying medical conditions. It also proposed the establishment of a regulatory agency to oversee the “medical marijuana program” and also proposed the establishment of the Regulatory Agency Advisory Committee to review the effectiveness of the program. Research facilities within Indiana can be granted research licenses as authorized by the regulatory agency. This bill would annul the controlled substance excise tax and marijuana eradication program.

Senate Bill 175

This bill defines medical marijuana and specifies that it does not include smokable cannabis or cannabis mixed with food products. It permits the use of specific amounts of medical marijuana for treatment by qualifying patients as recommended by their physician. It creates a medical cannabis program to allow the cultivating, processing, testing, transporting, and dispensing of medical cannabis by licensed entities. The Indiana Cannabis Commission would be founded as a state agency to oversee, implement, and enforce the program. A commission advisory committee is to review the effectiveness of the program. This bill further requires that medical cannabis be extensively examined by an independent testing laboratory, adequately packaged using child-resistant packaging, and properly labeled. This bill also prohibits packaging medical cannabis in a manner that is appealing to children.

House Bill 1168

This bill permits the use of medical marijuana by persons with debilitating medical conditions as recommended by state-licensed physicians. A medical marijuana program would be established to allow the cultivation, processing, testing, transportation, and dispensing of medical marijuana by licensed entities. The Indiana Department of Health would be tasked with implementing and enforcing the medical marijuana program. This bill further requires that an independent testing laboratory extensively examine medical cannabis.

House Bill 1212

This bill proposes Medical and Adult-use cannabis. After marijuana is removed as a federal Schedule I controlled substance, the bill would permit the use of marijuana by persons aged 21 years and older, and those with debilitating medical conditions as determined by registered physicians. It would establish the adult-use cannabis excise tax and require retailers to transfer the tax to the Indiana Department of Revenue for deposit in the Indiana general fund. This bill would also create a cannabis program to permit the cultivation, processing, testing, transportation, and sale of cannabis by licensed entities. The Indiana cannabis commission (ICC) would be created to oversee the program.

Senate Bill 354

This bill contains Marijuana offenses: If a person tested by law enforcement to be driving under the influence of Marijuana commits a traffic offense, this bill can be used as a defense. This bill revokes the crime of possession of marijuana, hash oil, or hashish as a Level 6 felony. However, it penalizes minors found in possession or use of marijuana.

In January 2023, another two bills were introduced by the Indiana legislature. A House Bill written by Republican Rep. Jake Teshka and co-authored by Republican Reps. Steve Bartels and Doug Miller and Democrat Rep. Justin Moed sought to legalize both adult-use and medical marijuana in the state. This bill (HB 1039) proposed the establishment of a cannabis program in the state and the taxation of cannabis sales. The second bill (SB 237) was authored by Democrat Sen. Greg Taylor proposed the establishment of an Indiana medical marijuana program and the legalization of medical cannabis in the state for the treatment of certain medical conditions. At the end of the legislative year, both bills have not advanced beyond the initial referrals to the appropriate House and Senate committees.

How the Legal Sale of Cannabis in Indiana Happens?

The sale of marijuana is prohibited in Indiana. In addition, the sale of hashish, concentrates, or marijuana paraphernalia is prohibited across the state. However, medical CBD is legal, provided it is derived from hemp. On March 21, 2018, Governor Eric Holcomb signed legislation SB 52, permitting retailers to sell independently certified “low THC hemp products” to adults. These products must contain no more than 0.3 percent THC as certified by laboratories and must not have any other controlled substances. Furthermore, strict labeling and packaging regulations must be adhered to for these products.

Penalties for Marijuana-related crimes in Indiana

Marijuana is listed as a Schedule I Drug according to the Indiana Criminal Code, but CBD products (containing less than 0.3 percent THC) are excluded from the criminal code, making them legal to possess, use and sell per state laws. A first-time offender for possession or use of marijuana may be given a conditional discharge. Indiana law prohibits the following marijuana-related activities:

Possession

Possession of any amount of marijuana is a Class B misdemeanor and may attract imprisonment of up to 180 days and a maximum fine of $1000. Possession of less than 30 grams with a prior drug offense is a Class A misdemeanor which may attract up to a year of incarceration and a $5000 fine. Possession of more than 30g with a prior drug offense is a Level 6 felony that may attract 6 to 30 months imprisonment and up to a $10000 fine.

Cultivation and sales

Cultivation or Sale of less than 30g of marijuana is a Class A misdemeanor that may attract up to a year of imprisonment and a maximum fine of $5000. A subsequent offense is a Level 6 felony that attracts 6 months to 2.5 years of imprisonment and a maximum fine of $10,000. Cultivation or selling 10 pounds or more of marijuana is a level 5 felony that attracts 1 to 6 years of imprisonment and a maximum fine of $10,000. The sale of any amount of marijuana to a minor is a level 5 felony that attracts 1 to 6 years of imprisonment and a maximum fine of $10,000.

Marijuana paraphernalia

Possession, manufacture, or sale of marijuana paraphernalia is a Class A infraction that attracts up to a $10,000 fine. A subsequent conviction is a Level 6 felony and attracts 6 to 2.5 years imprisonment and a maximum fine of $10,000.

Driving under the influence of marijuana

In Indiana, a person caught intoxicated with marijuana while driving is guilty of DUI (Driving Under the Influence). In other words, anyone who is high while driving could be penalized. A first-time DUI offense is a misdemeanor that attracts jail time for 5 to 60 days, 180 hours of community service, a maximum fine of $500, suspension of driving license for up to 2 years, at least $300 court fees, and 2 years probation.

A Second-time offense is a Class D Felony that attracts jail time for between 5 days and 3 years, a maximum fine of $10,000, suspension of license for a minimum of 180 days up to 2 years, and 2 years probation.

Subsequent DUI offense is a Class D Felony which attracts jail time for between 10 days and 3 years, a maximum fine of $10,000, suspension of license for at least 1 year, and a 2-year probation period.

Additional limitations

A person found in a place where it is known that a drug is being consumed may be charged with a misdemeanor that could attract six months imprisonment and a maximum fine of $1000.

What is Indiana’s Marijuana History?

The History of Marijuana's illegality in Indiana started in 1913 when it was prohibited for use without a doctor’s prescription. In February 2013, a bill was introduced to cancel penalties for small amounts of marijuana use, but it was not passed into law. After that, the Senate offered to amend House Bill 1006, which had included minimal penalties for possession of cannabis, with an added revision to raise specific types of possession from misdemeanors to felonies. Governor Mike Pence disagreed and vetoed the bill.

In December 2018, the 2018 Farm Bill was passed into law. It excluded hemp, and hemp products with extremely low THC concentrations, from the Controlled Substances Act (CSA). In 2022, 13 bills relating to marijuana were proposed for legislation, but none of them were passed into law. In January 2023, two bills (HB 1039 and SB237) were introduced to start the process of legalizing medical and recreational marijuana in the state. However, at the end of the year, there was no further action on both bills.

What are Restrictions on Cannabis in Indiana?

Cannabis is illegal for both medical and recreational purposes in Indiana. Only CBD products that contain less than 0.3% THC are permitted for medical use in the state. Marijuana is therefore restricted in Indiana for the following:

• Possession for personal use
• Cultivation or Sale
• Hash or Concentrates
• Marijuana Paraphernalia
• Driving while intoxicated with marijuana