(2) knowingly or intentionally grows or cultivates marijuana; or
(1) the person is a patient or caregiver registered under IC 16-42-28.6 for the use of a substance containing cannabidiol;
(b) The offense described in subsection (a) is a Class A misdemeanor if the person has a prior conviction for a drug offense.
(3) the substance containing cannabidiol is packaged in a container labeled with the origin, volume, and concentration by weight of total THC, including its precursors and derivatives, and cannabidiol.
(d) It is a defense to a prosecution under subsection (a)(1) based on the possession of a substance containing cannabidiol that:
(c) The offense described in subsection (a) is a Level 6 felony if:
(2) the person possesses:
(e) It is a defense to a prosecution under this section based on the possession of a substance containing cannabidiol that:
(3) knowing that marijuana is growing on the person’s premises, fails to destroy the marijuana plants;
Indiana Title 35. Criminal Law and Procedure Section 35-48-4-11. Read the code on FindLaw
Personal cannabis cultivation, whether for recreational or medical use, is illegal in Indiana. The state was, however, one of the first states to authorize the production of industrial hemp for commercial and research purposes, with the passing of Senate Bill 357 in 2014. Indiana’s University of Purdue has led one of the most visible industrial hemp cultivation programs since the law passed.
In Indiana, even being in the presence where knowledge of drug activity occurs is a misdemeanor, punishable by 6 months incarceration and a $1,000 fine.
Despite that an October 2016 poll found 73 percent of Indiana voters support the legalization of medical marijuana, the state of Indiana has yet to pass comprehensive medical marijuana legislation of any sort. Sen. Karen Tallian introduced a comprehensive medical marijuana bill in 2016, but the Indiana General Assembly concluded in the 2016 session without making progress.
Unfortunately, there has been little effort by Indiana lawmakers to ease punishments for recreational marijuana. Possession of any amount of recreational marijuana in Indiana is charged as a Class A misdemeanor, punishable by 180 days in jail with a fine of $1,000. Possession of less than 30 grams with a prior drug offense is punishable by 1 year in jail and $5,000 in fines. Possession of any quantity greater than this (with a prior drug offense) is a felony, with up to 2.5 years in prison and $10,000. Note that conditional discharge can be given to first-time offenders, where they can be given probation over jail time and have the charges removed from their record.
Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.
Is marijuana legal in Indiana? No.
Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents. Recreational marijuana possession in any amount is still a serious crime in the state, and efforts to legalize medical marijuana in the state have gained little traction within the legislature. State lawmakers did pass a low-THC medical cannabis law in 2017, but the program will only benefit a tiny fraction of patients. Learn more about Indiana marijuana laws below.
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
In May 2017, Indiana Gov. Eric Holcomb signed into law HB 1148, a bill that establishes a low-THC program for patients with severe seizure disorders. The law allows patients with a neurologist’s certification to access cannabis oils containing less than 0.3% tetrahydrocannabinol (THC).
Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents.