Created by FindLaw's team of legal writers and editors | Last reviewed March 22, 2018
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Between medical marijuana, legalization, and decriminalization, it seems like every state is changing its marijuana laws lately, and it can be hard to keep track of which laws apply where. Especially with different constitutional amendments and ballot measures popping up all over.
Up until the present, the Hoosier State has kept it simple – outlawing pot completely with some of the most stringent marijuana penalties in the country. But that could change with some state lawmakers hinting at medical marijuana or legalization in the future. Until then, here’s a brief summary of Indiana’s current marijuana laws.
Other states have expanded their drug laws to cover marijuana legalization and decriminalization, but marijuana remains illegal in Indiana even in medicinal cases. Possession of even small amounts of marijuana is a crime in the Indiana, albeit having less than 30 grams on you is a misdemeanor. Some jurisdictions may offer drug diversion programs for some first-time offenders with no criminal history, it's still a criminal offense, risking jail sentences and heavy fines.
As noted above, drug laws can differ from state to state, especially state marijuana laws. Learn more about Indiana marijuana laws in the table below.
Code Section |
35-48-2-1, et seq.; 35-48-4-10, 11 |
Possession |
Under 30 g.: Class A misdemeanor; Over 30 g.: Class D felony; Subsequent offense: Class D felony |
Sale |
Class A misdemeanor; 10 lbs. or more or delivered on school property or bus or within 1000 feet of either: Class C felony; Class C felony: 10 lbs or more on a school bus; Sale of 30 g. to 10 lbs. and recipient a minor and person has prior conviction involving marijuana: Class D felony |
Trafficking |
- |
Despite what a state’s marijuana laws says, the possession and sale of marijuana remains illegal under federal law by way of the Controlled Substance Act. And where federal and state law clash, federal law will always trump. To date, federal law enforcement agencies have left prosecution of minor marijuana cases to the states, even in Colorado and Washington where recreational use is permitted. That doesn’t mean, however, that the federal government has given up on enforcing restrictions on possession, manufacturing and cultivation and trafficking and distribution of controlled substances, including marijuana.
You can also continue your own research in FindLaw’s drug charges section. If you want help with a substance abuse problem, the Indiana Division of Mental Health and Addiction can provide drug treatment resources.
State drug laws, especially in the marijuana context, can change frequently, and enforcement often varies depending on your specific circumstances. If you'd like to learn more about Indiana marijuana laws, or have been charged with a drug-related crime, you should contact a drug crime lawyer in Indiana to discuss your questions and concerns.
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