Indiana cannabis, as an industry, is pretty much non-existent. Indiana NORML joined us to update us on their legalization progress for Indiana marijuana laws.

Indiana has recently made a number of changes to its cannabis laws. In March 2021, Governor Eric Holcomb signed into law House Bill 1438, making Indiana the second US state to legalize low-THC, high-CBD cannabis products. This means that Hoosiers can now access medical cannabis with medical supervision and for various conditions like chronic pain, epilepsy, and muscle spasms.

Perhaps most importantly for small business owners and entrepreneurs in the state is the fact that HB1438 also allows for the cultivation, processing and sale of industrial hemp. Hemp-based products including CBD oil can now be sold legally in Indiana with proper licensing from the state. This presents potential new revenue streams for small businesses in Indiana that have been impacted by the COVID-19 pandemic. 

Indiana Marijuana Laws Are Still Really Bad in 2023

Indiana’s cannabis laws are some of the harshest in America! While their neighbors in Illinois raked in over $63M in cannabis sales in August, consumers in Indiana can face up to a year of jail time just for a single joint. Indiana NORML joined us to discuss their legalization progress.

Watch the episode on YouTube or listen to the podcast titled Indiana Cannabis | Indiana Marijuana Laws – Is Indiana 420 Friendly? on Spotify, Google Play, or wherever you listen to podcasts!

RELATED POST: Map of Marijuana Legality by State

Indiana Cannabis Laws

When it comes to cannabis legalization, the state of Indiana is still a little behind and pretty slow to pass a law reform. 

Recreational marijuana possession in any amount is still heavily criminalized in the state, and all attempts to legalize a proper, comprehensive medical marijuana program have failed within the legislature. 

Even though Indiana’s neighbors, Michigan and Illinois, have legalized marijuana for adults-use; and Ohio has an inclusive medical marijuana program, Indiana still has a long way to go. If you are interested in knowing more about Indiana marijuana laws, here is all the information you need.

Recreational Marijuana in Indiana

Recreational marijuana is not legal in Indiana, and Indiana lawmakers have not made any real effort to ease punishments for recreational marijuana. Possession of any amount of recreational marijuana in Indiana is considered a Class A misdemeanor, punishable by a $1,000 fine and 180 days in jail. 

• 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 30 grams with a prior drug offense is a felony, with up to 2.5 years in prison and a $10,000 fine.
• Sale of less than 30 grams of recreational marijuana is considered a misdemeanor punishable by 1 year in prison and $5,000 in fine.
• Sale of any quantity greater than 30 grams is a felony with up to 6 years in jail and $10,000 in fines.

In Indiana, just being in the presence and in knowledge of drug activity occurring is a misdemeanor, punishable by 6 months in jail and a $1,000 fine.

Medical Marijuana in Indiana

In May 2017, Indiana Governor Eric Holcomb signed into law a bill that established a low-THC program, allowing patients with a neurologist’s certification to access cannabis oils with less than 0.3% THC as a treatment for epilepsy.

In 2018, a much-needed reform was passed, allowing any person to buy, sell, and possess CBD oil, as long as it meets certain labeling requirements and contains no more than 0.3 percent THC.

While it is certainly a positive step forward for the state of Illinois, these restrictive measures neglect most patients who could benefit from an effective medical marijuana program.

Despite other efforts for the legalization of a proper medical marijuana program, the state of Indiana has yet to pass medical marijuana legalization of any sort.

Is CBD from Hemp Oil Legal in Indiana?

CBD has become extremely popular all around the United States, and a lot of people are exploiting their entrepreneurial selves and selling these CBD oils.

There’s only four states that haven’t legalized medical CBD, and the state of Indiana is not one of them. Indiana allows any person to buy, sell, and possess CBD oil, as long as it meets certain labeling requirements and contains no more than 0.3 percent THC.

Thanks to the Farm Bill, CBD Hemp became federally legal in December 2018. Meaning hemp-derived CBD products are legal under Federal Law in the United States, however, individual states may enact their own laws governing hemp-derived CBD. The states that haven’t legalized medical CBD are Idaho, South Dakota, Kansas, and Nebraska.

Is indiana 420 Friendly ?

Recreational marijuana possession in any amount is still heavily criminalized in the state, and all attempts to legalize a proper, comprehensive medical marijuana program have failed within the legislature.

Can you grow marijuana in indiana?

No, you cannot grow marijuana in Indiana. The state of Indiana is still a little behind when it comes to cannabis legalization. Recreational marijuana possession in any amount is still heavily criminalized in the state, and all attempts to legalize a proper, comprehensive medical marijuana program have failed within the legislature.

Cultivation of Cannabis in Indiana

After all you have read so far, it is probably no surprise that personal cannabis cultivation, whether for recreational or medical use, is illegal in Indiana. Cultivation of more than 10 lbs or within 1,000 feet of a school, or any other specialized area, in Indiana will result in a minimum of 2 up to 8 years and a $10,000 fine.

But there are still signs that give us hope for Indiana cannabis laws. Even with its lack of cannabis legislation, Indiana was still one of the first states to authorize the production of industrial hemp for commercial and research purposes in 2014 and Indiana’s University of Purdue has one of the best industrial hemp cultivation programs in the country.

Decriminalization of Marijuana in Illinois

As shown before, the punishments for the possession, sale, cultivation and delivery of marijuana in Indiana are still severe. And racial inequality is also a problem concerning the enforcement of these very heavy laws, they are not being equally enforced; For example, African Americans are 3.5 times more likely to be arrested for marijuana possession than white people.

A bill to decriminalize marijuana possession failed in committee during the 2020 legislative session. The hope is that as more and more states move forward, it will be only a matter of time before Indiana improves its laws. Make sure you contact your lawmakers and demand them to decriminalize marijuana possession in 2024 to help improve Indiana Cannabis Laws.