Is marijuana legal in Indiana?
Current legality status
Cannabis is illegal under state law.
Marijuana is not legal in Indiana. Recreational use is illegal and there are no provisions for medical use. CBD is legal in Indiana.
Republican Governor Eric Holcomb is vehemently anti-marijuana and has pledged to oppose even medical marijuana legislation. There is broad public support for medical use, but the Republican majority has so far been successful at blocking even partisan marijuana bills.
Watch your bag in Indiana—marijuana is still completely criminalized. Possession of any amount can carry up to six months imprisonment. This also applies to hash, hash oil, and salvia. A possession charge for a pipe could carry a $10,000 fine. Even failure to destroy marijuana is a crime. Just knowing there’s a plant on your land, even if it has nothing to do with you, could send you away for six months.
Here is a list of possession penalties:
- Any amount (first offense): max 180 days, $1,000
- Less than 30 grams with a prior drug offense: max one year, $5,000
- 30 grams or more with a prior offense: six months to 2.5 years, $10,000
Indiana recreational & medical marijuana legalization efforts
In 2017, Indiana legalized medical CBD for people with severe epilepsy. In 2018 Indiana legalized hemp-derived CBD for everyone. That’s as far as pro-marijuana legislation has gotten.
There are two huge obstacles to legalization in Indiana: a part-time, Republican-led state legislature and a vehemently anti-marijuana Republican governor who has sworn to block all efforts. However, polls show heavy support for medical marijuana among voters, with 42% supporting medical-only use and another 39% supporting full legalization.
For years, bipartisan bills have surfaced and drowned in Indiana. Some were for medical marijuana, some for full legalization, but to date, they’ve all failed, at least in part because of the state’s limited legislative session—Indiana’s state constitution calls for a 91-day session split over two years: That’s only 30 days in 2020 and 61 days in 2021.
Indiana cannabis DUI laws
Driving while intoxicated is illegal everywhere, but Indiana takes it a step further than most with de facto retroactive DUIs: Any level of marijuana metabolites in the blood qualifies as “intoxicated.” Theoretically, you could get a DUI for smoking a pre-roll in a legal state a month ago.
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Indiana is an Implied Consent state, which means that by driving in the state you give permission for chemical breath, blood, and/or urine tests. Refusal to take a test can result in a one year suspended license. Tests must be administered within three hours of suspected offense.
The penalties for intoxicated driving in Indiana are as follows:
- First offense: Class A Misdemeanor—five to 60 days in jail; maximum two years probation; max fine of $500; max two year license suspense; up to 180 hours of community service.
- Second offense (within five years): Class D Felony—five days to three years imprisonment; max two years probation; max fine of $10,000; 180 days to two years suspended license.
- Third offense: Class D Felony—10 days to three years imprisonment; max two years probation; max fine of $10,000.
Additional penalties include up to one year license suspension, addiction assessment and possible required treatment program, and court fees of at least $300 on top of penalty fees.
Common questions about marijuana legalization in Indiana
Are edibles legal in Indiana?
No, marijuana edibles are illegal in Indiana. CBD food and drink products are legal.
Is Indiana a rec-legal state?
No. Recreational use of marijuana is illegal in Indiana and punishable by jail time on a first possession offense.
Can you get a medical marijuana card in Indiana?
No. There is no medical marijuana program in Indiana. Marijuana is illegal in Indiana and punishable by jail time on a first possession offense.
Is CBD legal in Indiana?
Yes, CBD is legal in Indiana as long as it is derived from hemp and has a THC concentration of 0.3% or less.
Does Indiana have a compassionate care program?
No, Indiana does not allow compassionate care marijuana.
Is marijuana decriminalized in Indiana?
No, possession of marijuana is a criminal offense and carries up to six months in jail for a first offense.
Learn more about marijuana legalization in Indiana
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Post last updated Sept. 7, 2020