indiana laws on weed

The Current State of Cannabis Laws in Indiana

Indiana has historically had some of the strictest cannabis laws in the Midwest. But recently, there has been growing discussion around legalization and decriminalization in the state. Here’s an overview of where things currently stand when it comes to cannabis policy in Indiana.

Marijuana Possession and Use Remains Illegal

Recreational marijuana is currently illegal in Indiana. Simple possession of any amount is a misdemeanor offense punishable by up to 180 days in jail and a $1,000 fine for a first offense . So if you’re caught with even a small amount of weed, you could face criminal charges.
The state also has tough penalties for people caught growing or distributing cannabis. Manufacturing or dealing marijuana is a Level 6 felony, with 1-2.5 years in prison and fines up to $10,000 . So while public opinion on cannabis may be shifting, the official legal status has not changed. Smoking, growing, or selling weed still risks jail time.

CBD Products are Legal, With Restrictions

However, Indiana does allow CBD products that contain less than 0.3% THC. This was legalized after the 2018 Farm Bill reclassified hemp and hemp-derived products .
So CBD oils, edibles, topicals etc. are legal if they meet that THC threshold. But the state isn’t exactly CBD-friendly. For example, the law prohibits adding CBD to food or drinks. And many towns and cities still outright ban CBD sales even though it’s technically legal statewide .
The regulations are confusing, and you can still be charged with marijuana possession if your CBD product tests hot for THC. So proceed with caution when it comes to CBD in Indiana.

No Legal Protection for Medical Cannabis

Over 30 states have comprehensive medical marijuana programs. But Indiana is not one of them. Hoosiers do not have legal access to medical cannabis products, even with a doctor’s recommendation.
There have been several attempts to pass medical marijuana bills in the legislature. Back in 2017, a limited CBD-only bill did manage to become law. But the current Republican leadership continues to oppose any kind of broader medical program or further legalization efforts.
So for now, there is no legal way for Hoosiers to access medical marijuana. Patients have to travel to Michigan, Illinois or Ohio to legally obtain cannabis treatments. Or else risk using CBD products of questionable legality from Indiana stores.

Recent Decriminalization Efforts

While recreational and medical marijuana remain illegal statewide, there has been some progress around decriminalization recently:

• In 2020, Indianapolis city officials announced a new policy directing police to issue summons instead of making arrests for low-level marijuana possession offenses.
• Lake County prosecutors have implemented a similar policy to not press charges for possession under 30 grams.
• In Monroe County, possession of under 1 oz was decriminalized with fines instead of arrests.
• Lawmakers introduced a 2021 statewide bill to replace criminal penalties for possession under 2 oz with a civil infraction.

So while major policy changes have stalled at the state level, some more progressive cities and counties are starting to implement modest decriminalization measures. These aim to reduce arrests and incarceration rates for minor weed offenses. But recreational use remains illegal. And you can still face fines or charges for cannabis possession in most of the state.

What Does the Future Hold?

Advocates are hopeful that Indiana may continue to slowly chip away at its infamously harsh cannabis prohibition laws. Public support for legalization continues to increase. Over 75% of Hoosiers now support legalizing medical marijuana according to recent polling.
There’s also growing bipartisan agreement around decriminalization and criminal justice reform. And neighboring states like Illinois and Michigan have successful regulated cannabis markets that bring in millions in tax revenue.
But any major statutory changes still face significant political opposition. Leadership in the conservative state legislature continues to block legislative efforts around medical marijuana or legalization. And the Republican governor strongly opposes any steps towards legalizing recreational use.
Most experts don’t foresee Indiana legalizing adult-use marijuana in the next few years without a radical political shift. At best, we may see incremental progress through local decriminalization policies or future legislation protecting medical use. But cannabis will likely remain generally prohibited for the foreseeable future.
So while public opinion and local policies are becoming more tolerant, Indiana still has a long way to go before it catches up with other states when it comes to cannabis reform. For now, weed remains illegal within state lines, whether for medical or recreational use. But the conversation around changing Indiana’s infamously strict marijuana laws continues.