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will weed be legal in indiana

LEARN | LAWS & REGULATIONS

Indiana

Is weed legal in Indiana?

No. Adult, or recreational, cannabis use is illegal in Indiana and the state has no provision for medical marijuana use either. Hemp-derived CBD oil with less than 0.3% THC is the only form of cannabis that’s permitted.

Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000. Possession of more or subsequent offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.

Legislation history

In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger helped pass the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana adopted some of the strictest cannabis laws in the United States.

Efforts to change legislation began in early 2013, though these efforts found little success. In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee.

In early 2015, bills were introduced both in the House ( HB 1487 ) and Senate ( SB 284 ) to legalize medical marijuana for certain qualifying conditions with a physician’s recommendation. The House Bill failed to advance, and the Senate bill died before receiving a hearing.

Four years later in April 2017, Gov. Eric Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures whose symptoms were resistant to traditional treatments. While HB 1148 legalized hemp-derived CBD, it didn’t specify a way for patients to purchase it.

The vagueness in HB 1148 made way for a new law that broadened access to CBD and specified regulations surrounding its sale. In March 2018, Holcomb signed SB 52 to allow the use and sale of CBD for any purpose, so long as it contained less than 0.3% THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 took effect July 1, 2018.

FAQ

When will medical marijuana be legal in Indiana?

Typically, that is up to the state’s residents, governor, and legislators. In an interview with the Chicago Tribune in March of 2020, State Rep. Mike Karickhoff (R-Kokomo) said cannabis is “still illegal federally, and Gov. Holcomb has been very firm he’s not going to support any legislation until the federal government legalizes it.”

How can I get a medical marijuana card in Indiana?

Indiana does not have a medical marijuana program and does not issue medical marijuana cards.

What is the charge in Indiana for possession of marijuana?

Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000.

What is a felony possession of marijuana in Indiana?

Possession of more than 30 grams of marijuana or multiple offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.

This post was updated October 22, 2020.

View the cannabis & CBD laws & regulations for Indiana.

Indiana marijuana laws

Is marijuana legal in Indiana?

Current legality status

Cannabis is illegal under state law.

Marijuana is not legal in Indiana. Recreational use is illegal and there are no provisions for medical use. CBD is legal in Indiana.

Republican Governor Eric Holcomb is vehemently anti-marijuana and has pledged to oppose even medical marijuana legislation. There is broad public support for medical use, but the Republican majority has so far been successful at blocking even partisan marijuana bills.

Watch your bag in Indiana—marijuana is still completely criminalized. Possession of any amount can carry up to six months imprisonment. This also applies to hash, hash oil, and salvia. A possession charge for a pipe could carry a $10,000 fine. Even failure to destroy marijuana is a crime. Just knowing there’s a plant on your land, even if it has nothing to do with you, could send you away for six months.

Here is a list of possession penalties:

  • Any amount (first offense): max 180 days, $1,000
  • Less than 30 grams with a prior drug offense: max one year, $5,000
  • 30 grams or more with a prior offense: six months to 2.5 years, $10,000

Indiana recreational & medical marijuana legalization efforts

In 2017, Indiana legalized medical CBD for people with severe epilepsy. In 2018 Indiana legalized hemp-derived CBD for everyone. That’s as far as pro-marijuana legislation has gotten.

There are two huge obstacles to legalization in Indiana: a part-time, Republican-led state legislature and a vehemently anti-marijuana Republican governor who has sworn to block all efforts. However, polls show heavy support for medical marijuana among voters, with 42% supporting medical-only use and another 39% supporting full legalization.

For years, bipartisan bills have surfaced and drowned in Indiana. Some were for medical marijuana, some for full legalization, but to date, they’ve all failed, at least in part because of the state’s limited legislative session—Indiana’s state constitution calls for a 91-day session split over two years: That’s only 30 days in 2020 and 61 days in 2021.

Indiana cannabis DUI laws

Driving while intoxicated is illegal everywhere, but Indiana takes it a step further than most with de facto retroactive DUIs: Any level of marijuana metabolites in the blood qualifies as “intoxicated.” Theoretically, you could get a DUI for smoking a pre-roll in a legal state a month ago.

Indiana is an Implied Consent state, which means that by driving in the state you give permission for chemical breath, blood, and/or urine tests. Refusal to take a test can result in a one year suspended license. Tests must be administered within three hours of suspected offense.

The penalties for intoxicated driving in Indiana are as follows:

  • First offense: Class A Misdemeanor—five to 60 days in jail; maximum two years probation; max fine of $500; max two year license suspense; up to 180 hours of community service.
  • Second offense (within five years): Class D Felony—five days to three years imprisonment; max two years probation; max fine of $10,000; 180 days to two years suspended license.
  • Third offense: Class D Felony—10 days to three years imprisonment; max two years probation; max fine of $10,000.

Additional penalties include up to one year license suspension, addiction assessment and possible required treatment program, and court fees of at least $300 on top of penalty fees.

Common questions about marijuana legalization in Indiana

Are edibles legal in Indiana?

No, marijuana edibles are illegal in Indiana. CBD food and drink products are legal.

Is Indiana a rec-legal state?

No. Recreational use of marijuana is illegal in Indiana and punishable by jail time on a first possession offense.

Can you get a medical marijuana card in Indiana?

No. There is no medical marijuana program in Indiana. Marijuana is illegal in Indiana and punishable by jail time on a first possession offense.

Is CBD legal in Indiana?

Yes, CBD is legal in Indiana as long as it is derived from hemp and has a THC concentration of 0.3% or less.

Does Indiana have a compassionate care program?

No, Indiana does not allow compassionate care marijuana.

Is marijuana decriminalized in Indiana?

No, possession of marijuana is a criminal offense and carries up to six months in jail for a first offense.

Unfortunately, marijuana is not legal in Indiana. Learn more about the attempts to legalize weed in Indiana and what you need to know about the current laws.