By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 12, 2024
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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.
In contrast, the Hoosier State has kept it simple — 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 has also opposed any change in Indiana law while the drug remains banned under federal law.
Legislation that could allow medical uses of marijuana or even broader legalization of recreational marijuana will likely come up again.
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. In contrast, marijuana remains illegal under Indiana law. This is true even for even for medicinal uses.
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.
Medical marijuana is also illegal. Indiana does not have a medical marijuana program. But, Indiana law allows the use of CBD oils with less than 0.3% THC 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.
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.
Regardless of a state's marijuana laws, the possession and sale of marijuana remains illegal under federal law by way of the Controlled Substance Act. 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.
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:
This includes all forms of marijuana with THC.
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.
| Relevant Indiana marijuana laws | Indiana Code Title 35: Criminal Law and Procedure
|
|---|---|
| Is marijuana legal in Indiana? | No. |
| Indiana marijuana possession penalties | All possession and use of marijuana is illegal in Indiana. Prior convictions will increase later penalties.
|
| Indiana marijuana sales/trafficking penalties | All marijuana sales are illegal in Indiana. Prior drug convictions will increase later penalties.
|
Note: State laws are subject to change by passing new legislation rulings in the higher courts, including federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an Indiana drug law attorney or conduct independent legal research to verify the status of any state laws you are reviewing.
State drug laws related to marijuana and cannabis products can change in the blink of an eye. Enforcement often varies, depending on jurisdiction and the offenders' specific circumstances. Possession of marijuana is a serious criminal charge in the state of Indiana.
If you need more detailed information about Indiana's marijuana laws, or if you or a loved one got charged with a drug-related crime, you should contact a drug crime lawyer. They can check your case, explain your options, and advise you.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Indiana attorneys offer free consultations for Drug Crime.
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