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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 lawmakers working on 2021 marijuana legislation

INDIANAPOLIS (WISH) — Just weeks ago, four U.S. states, including New Jersey and Arizona, voted to legalize marijuana in some form.

State Rep. Jim Lucas hopes Indiana is next.

“I’m filing a medical cannabis bill, a decriminalization bill, and see if we can’t get a recreational bill going also. It is past time,” said Lucas, a Republican from Seymour.

For years, Lucas has tried to make marijuana matter in Indiana. The way he sees it, this could be a green opportunity for the state, as Hoosiers have been hit hard by the coronavirus pandemic.

“Jobs have been decimated. Almost a million Hoosiers were put out of work, during the spring and summer months. This is a jobs opportunity program. It’s an investment opportunity. I know we have investors willing to invest tens-of-millions of dollars, if not more, to come into our state and get this going,” said Lucas.

State Sen. Karen Tallian’s bill would legalize possession of a small amount of marijuana.

She says marijuana possession arrests in Indiana have gone from about 15,000/year, a decade ago, to close to 25,000 arrests a year.

“We’re going in the wrong direction. There’s just no need for this. It takes up court time, people’s time, money. It’s stupid that we keep prosecuting possession cases for small amounts, when in states all surrounding us, it’s legal,” said Tallian, a Democrat from Ogden Dunes.

After at least 10 years of filing cannabis legislation, she feels like more Hoosiers are talking about cannabis.

“The conversation keeps getting broader. I think the push to do something is getting stronger. Do I think this will happen this year? I don’t really. I don’t think the governor is ready to say yes to this,” she said.

State lawmakers have until Jan. 8, 2021 to file bills.

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Indiana lawmakers working on 2021 marijuana legislation INDIANAPOLIS (WISH) — Just weeks ago, four U.S. states, including New Jersey and Arizona, voted to legalize marijuana in some form. ]]>