Marijuana Laws in Indiana

In the State of Indiana, cannabis is a Schedule I drug. Under the Indiana Criminal Code, this includes hash oil and hash. The state has passed the Indiana CBD-Specific Law. It allows those with debilitating, chronic epileptic conditions to use extracts from cannabis to treat those conditions.

Please note: ILGM is NOT a legal adviser. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such.

Possessing Marijuana in Indiana

Indiana lawmakers have made significant efforts to ease punishments for cannabis possession for recreational use. Possessing any amount of marijuana for personal consumption is a serious crime in Indiana, punishable as follows:

• Any amount = Misdemeanor: Fine up to $1,000 and up to 180 days in jail
  Under 30 grams (with prior drug charge) = Misdemeanor: Fine up to $5,000 and up to 1 year in jail
• More than 30 grams (with prior drug charge) = Felony: Fine up to $10,000 and 6 months to 2 ½ years in jail (comes with 1-year advisory sentence)
• With intent to finance, manufacture or deliver = “Sale or Cultivation” charge

First-time offenders may be given conditional discharge.

Hash & Concentrates

Only CBD extracts are allowed for Indiana CBD-Specific program members. All others convicted of possessing concentrates or hash will be punished as follows:

• Knowingly possesses hashish, hash oil or cannabis = Misdemeanor: Fine up to $5,000 and up to 1 year in jail (first-time offenders may be granted condition discharge)
• Over 2 grams of concentrate or hashish = Felony: Fine up to $10,000 and 6 months to 2 ½ years in jail
• Less than 2 grams with previous hashish, hash oil or cannabis conviction = Felony: Fine up to $10,000 and 6 months to 2 ½ years in jail

Paraphernalia

It’s a crime to possess drug paraphernalia in the State of Indiana. This offense is punishable by a fine up to $10,000. A subsequent conviction comes with penalties of a fine up to $10,00 and 6 months to 2 ½ years’ jail time.

Medical Marijuana Patients

Qualifying patients participating in the Indiana CBD-Specific Law program are allowed to buy, use and possess CBD extract preparations legally. These extracts must contain no more than 3/10 of 1% THC and no less than 10% CBD.

Hemp Oil

Qualifying patients may legally purchase, use and possess CBD oil in the State of Indiana. It’s derived from hemp and is also known as CBD hemp oil.

Selling Marijuana in Indiana

Indiana punishes convictions for both the sale of cannabis and cultivation of the plant, has and concentrates the same. These sale and cultivation crimes are punishable as follows:

• Under 30 grams (first offense) = Misdemeanor: Fine up to $5,000 and up to 1 year jail time
• Under 30 grams (subsequent offense) = Felony: Fine up to $10,000 and 6 months to 2 ½ years’ jail time

• Between 30 grams to 10 pounds = Felony: Fine up to $10,000 and 6 months to 2 ½ years’ jail time
• Over 10 pounds = Felony: Fine up to $10,000 and 1 to 6 years’ jail time
• Sale to minor (any amount) = Felony: Fine up to $10,000 and 1 to 6 years’ prison time

Hashish & Concentrates

• Under 5 grams (first offense) = Misdemeanor: Fine up to $5,000 and up to 1 year jail time
• Under 5 grams (subsequent offense) = Felony: Fine up to $10,000 and 6 months to 2 ½ years’ jail time
• Between 5 to 300 grams (first offense) = Felony: Fine up to $10,000 and 6 months to 2 ½ years’ jail time
• Between 5 to 300 grams (subsequent offense) = Felony: Fine up to $10,000 and 1 to 6 years’ jail time
• Over 300 grams = Felony: Fine up to $10,000 and 1 to 6 years’ jail time (comes with advisory sentence of 3 years)
• Sale to minor (any amount) = Felony: Fine up to $10,000 and 1 to 6 years’ jail time

Paraphernalia

Those convicted of dealing in or selling paraphernalia will be punished with an infraction fine up to $10,000. If a prior unrelated conviction exists, this becomes a felony charge, punishable by a fine up to $10,000 and 6 months to 2 ½ years in jail.

Growing and Manufacturing Marijuana in Indiana

Punishments for manufacturing and growing cannabis in Indiana are the same as those for selling of the plant. The same goes for hash, hash oils and cannabis concentrates. (See Selling Marijuana in Indiana for details)

Industrial Hemp

It is illegal to grow cannabis for any reason, medical or recreational, in the State of Indiana. However, the state does allow the production of industrial hemp for the purposes of research and commercial.

Paraphernalia

In Indiana, manufacturing drug paraphernalia is an infraction that comes with a fine up to $10,000. A subsequent conviction graduates to a felony charge, which are punishable by a fine up to $10,000 and 6 months to 2 ½ years in jail.

Using Marijuana in Indiana

House Bill 1148 was signed into law by Indiana Governor Eric Holcomb in May 2017. It becomes effective on July 1, 2017. HB 1148 establishes a program for patients who suffer from severe seizure disorders. These patients must have neurologists’ certifications to participate in the low-THC program. They may only use cannabis oils with no more than 0.3% THC.

Although medical cannabis is illegal in the State of Indiana, qualifying patients may buy and use CBD oil, a derivative of hemp. CBD oil is protected by federal commerce and importation laws. So, patients are allowed to use CBD hemp oil to treat the following qualifying conditions:

• Lennox-Gastaut syndrome
• Dravet syndrome
• Other chronic, debilitating epileptic conditions
  

Breaking the Marijuana Laws in Indiana

If a person is found to be present in an area where she/he knows drug activity is happening is guilty of a misdemeanor. This crime is punishable by a fine up to $1,000 and up to 6 months’ jail time.

Anyone convicted of a distribution, sale of possession charge will lose their driver’s license. It will be suspended for 6 months to 2 years.

Indiana has enacted a marijuana tax stamp law. It requires that anyone in possession of cannabis must buy and affix these state-issued stamps onto their contraband. Fines and criminal sanction will result if the offender fails to do so. The current tax stamp rate in Indiana is $3.50 per gram. Non-payment penalty will result in a 200% increase on the tax.