{"id":373257,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-marijuana-laws.html"},"modified":"2024-07-12T16:03:44","modified_gmt":"2024-07-12T21:03:44","slug":"indiana-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-marijuana-laws.html","title":{"rendered":"Indiana Marijuana Laws"},"content":{"rendered":"\n
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Indiana Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Between medical marijuana programs, decriminalization efforts, and increasing numbers of states legalizing cannabis (marijuana) for recreational use, it seems every state is changing its marijuana laws or at least discussing changes.<\/p>\r\n

In contrast, the Hoosier State has kept it simple \u2014 by keeping marijuana completely illegal with some of the most stringent marijuana penalties in the country. Although state lawmakers from the Democratic Party have tried to pass senate and house bills to legalize cannabis, none have secured passage in the Republican-controlled General Assembly in Indianapolis. Indiana Gov. Eric Holcomb<\/a> has also opposed any change in Indiana law while the drug remains banned under federal law.<\/p>\r\n

Legislation that could allow medical uses of marijuana or even broader legalization of recreational marijuana will likely come up again.<\/p>\r\n

Marijuana Laws in Indiana<\/h2>\r\n

Neighboring states like Illinois, Michigan, and Ohio have legalized the use of marijuana for medical and adult-use recreational purposes. As a result, these states have expanded or begun the process of expanding their drug laws to cover marijuana legalization and decriminalization<\/a>. In contrast, marijuana remains illegal under Indiana law. This is true even for even for medicinal uses<\/a>.<\/p>\r\n

Indiana state laws ban any adult use for recreational purposes. Possession of even small amounts of marijuana is a crime in Indiana. Although possession of fewer than 30 grams is a misdemeanor, a first-time offender still faces jail time and a fine for any marijuana possession.<\/p>\r\n

Medical marijuana is also illegal. Indiana does not have a medical marijuana program. But, Indiana law<\/a> allows the use of CBD oils with less than 0.3% THC<\/a> for those suffering from seizures. These low-THC cannabinoids can help epilepsy patients. THC (or tetrahydrocannabinol) is the chemical in marijuana that has the psychoactive or mind-altering effect.<\/p>\r\n

Some jurisdictions offer drug diversion programs for some first-time offenders with no criminal history. Later offenses have severe punishments. Felony charges are common for repeat offenders.<\/p>\r\n

Regardless of a state’s marijuana laws<\/a>, the possession and sale of marijuana remains illegal under federal law by way of the Controlled Substance Act<\/a>. Although efforts to move marijuana from a Schedule I drug to a Schedule III drug are ongoing, no change in federal law has happened yet.<\/p>\r\n

To date, federal law enforcement agencies have taken a hands-off approach to state efforts to legalize marijuana for medical or adult use. The federal government retains the ability to enforce restrictions on the following aspects of controlled substances:<\/p>\r\n