Indiana Bill HB 1191 Would Decriminalize Marijuana Possession Up to Two Ounces

6 January 2026

Indiana may be on the verge of a different conversation about marijuana, one that focuses less on building a legal cannabis industry and more on reducing penalties for small-time possession.

House Bill 1191, filed by State Representative Mitch Gore, a Democrat, would decriminalize the possession of up to two ounces of marijuana under Indiana law. The measure, introduced Monday and referred to the House Committee on Courts and Criminal Code, would remove criminal penalties for people found with small amounts of marijuana, a change that could reduce the number of low-level possession cases moving through Indiana courts.

The bill would also adjust how larger amounts are charged. Under current Indiana law, marijuana possession can range from a Class B misdemeanor to felony charges depending on quantity and prior convictions. HB 1191 would raise the threshold for a Level 6 felony from 30 grams to four ounces, narrowing the circumstances in which possession could lead to felony prosecution and the possibility of up to 2.5 years in prison and a $10,000 fine.

The proposal does not create a legal market for marijuana sales, and it does not set up a licensing system for growers or retailers. That means Indiana residents would not suddenly have legal dispensaries if the bill passes. Instead, the most immediate impact would be on policing and prosecution. People who might currently face arrest, court costs, and a criminal record for having a small amount of marijuana could be treated differently under the new threshold.

Still, the politics remain complicated. Governor Mike Braun has indicated openness to medical cannabis and has suggested that federal rescheduling actions could influence state debate. But Indiana’s top Republican legislative leaders have previously argued against marijuana reform, and some federal lawmakers from Indiana have voiced strong opposition to legalization.

For Indiana residents, HB 1191 is less about expanding access and more about reducing legal consequences. If the bill advances, it could change how everyday scenarios, like a traffic stop where a small amount of marijuana is found, play out in practice. The bill’s future now depends on whether the House committee takes it up during the 2026 session and whether Indiana’s broader political resistance to cannabis reform holds.