Indiana Marijuana Laws: is Indiana 420 friendly?

Indiana has a nearly unique history with marijuana but it’s nothing to get excited about. For instance, it is one out of 14 states that has no effective legislation for medical cannabis in the United States. Indiana is also among 19 states that are yet to lift the jail penalty for possession of small amounts of marijuana. It’s also one of the first states in history to enact and implement one of the strictest marijuana policies. Here’s all you need to know about the cannabis laws in Indiana.

Is weed legal in Indiana?

No, both medical and recreational use of cannabis is strictly prohibited in Indiana.

When will weed be legal in Indiana?

There is no indication of when weed will be legalized in Indiana.

Are edibles legal in Indiana?

No, cannabis in the form of edibles is still illegal in Indiana.

Is medical marijuana legal in Indiana?

Unfortunately, Indiana does not currently recognize the medicinal use of cannabis hence it’s still illegal in the state. However, in line with the provisions of the U.S. Farm Bill 2018 and the state’s Senate Enrolled Act 52 which was signed by Governor Eric Holcomb, low-THC CBD derived from industrial hemp is legal. The CBD must not contain more than 0.3% THC and meet specific labeling requirements.

How to get medical marijuana in Indiana

Medical marijuana is still illegal and cannot be purchased in Indiana.

Can I go to a dispensary without a card in Indiana?

Indian does not currently have a medical marijuana program and consequently has no dispensaries.

How long does it take to get your medical card in Indiana?

This does not currently apply to Indiana as there’s no legal medical marijuana market.

Does Indiana accept out-of-state MMJ cards?

No, this is not applicable in Indiana as marijuana is still illegal across the state.

Marijuana bills/laws in Indiana & key questions

Indiana’s ban on the sales of marijuana can be traced back to 1913. However, efforts to make changes to this legislation were not made until 2013. In February 2013, a bill to decriminalize possession of small amounts of marijuana was introduced by some lawmakers. However, the bill was effectively killed off in committee.

Again, in 2015, House Bill 1487 and Senate Bill 284 were introduced in the state legislature. These bills would have effectively legalized medical marijuana for patients with qualifying conditions, based on a physician’s recommendation. While the House bill failed to advance past a hearing, the Senate Bill didn’t last long enough to get a hearing.

Moving forward, Governor Eric Holcomb signed HB 1148 in 2017 to permit the use of CBD Oil with less than 0.3% THC. The conundrum with HB 1148 is that while it legalized the use of low-THC CBD oil, it didn’t make provisions for the establishment of a legal market or industry. This meant that a new law had to be enacted to address the dilemma that HB 1148 had created. So, Governor Holcomb signed SB 52 in 2018 to legalize the sale and use of low-THC CBD oil across the state. Manufacturers were however required to meet specific labeling and testing requirements. SB 52 was signed in March 2018 and took effect by July 1st, 2018.

How much marijuana can I have in Indiana? (in oz) 

Unfortunately, possession of any amount of marijuana is illegal in Indiana.

Is Marijuana decriminalized in Indiana?

No, marijuana is not decriminalized in Indiana. In fact, Indiana is one of 19 states that are yet to remove the jail penalty for possession of small amounts of cannabis.

Is there a fine or penalty for marijuana possession in Indiana?

Yes. For instance, possession of any amount of cannabis is a misdemeanor and attracts a minimum of 6 months in jail and a $1,000 fine. However, where it’s less than 30g with a prior drug offense, it’s still a misdemeanor and attracts a year in jail and a maximum fine of $5,000. Any possession of cannabis above 30g is a felony and offenders are liable to 6 months to 2.5 years incarceration and a maximum fine of $10,000.

How many cannabis plants per household in Indiana? 

The cultivation of cannabis on any level is currently prohibited in Indiana.

Indiana dispensaries regulations

There is no medical marijuana program in Indiana and consequently no regulatory authority for dispensaries.

Indiana growers regulations

There’s also no legal program for cultivating marijuana across Indiana so no regulations or regulatory bodies have been set up.

Closing thoughts

Indiana is currently very restricted when it comes to marijuana. However, with neighboring states like Illinois, Michigan, and Ohio all fully or partially legalizing marijuana, it’s only a matter of time before the state wakes up to the benefits of having a legal cannabis industry. However, with top federal Indiana lawmakers indicating that they won’t be backing any local cannabis legislation until it’s legalized nationwide, this state remains a tough nut to crack for advocates.