Indiana Laws & Penalties
Penalty Details
Marijuana, which includes hash and hash oil under the Indiana Criminal Code, is listed as a Schedule I drug.
See
35-48-2-1, et seq. of the Indiana Criminal Code Web Search
35-48-2-4(d)(22) of the Indiana Criminal Code Web Search
35-48-4-10,11 of the Indiana Criminal Code Web Search
NOTE: Indiana law explicitly exempts CBD (cannabidiol) products containing less than 0.3 percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.
See
SB 52 Read summary
Possession for Personal Use
Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment, with the advisory sentence being 1 year and may be fined not more than $10,000. Possession with intent to manufacture, finance the manufacture of, deliver, or, finance the delivery of shall follow the violations listed under “Sale or Cultivation.” Conditional discharge may be available for first-time offenders.
See
35-48-4-11 of the Indiana Code Web Search
35-48-4-12 of the Indiana Code Web Search
35-50-2-7(b) of the Indiana Code Web Search
35-50-3-3 of the Indiana Code Web Search
Sale/Cultivation
The sale of less than 30 grams is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.
The sale of 30 grams – less than 10 pounds is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.
The sale of 10 pounds or more is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.
The sale of any amount to a minor is a level 5 felony punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.
See
35-48-4-10 of the Indiana Code Web Search
Hash & Concentrates
A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish commits a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.
Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a level 6 felony, punishable by 6 months to 2 ½ years imprisonment and a maximum fine of $10,000.
See
- 35-48-4-10 of the Indiana Code Web Search
- 35-48-4-11 of the Indiana Code Web Search
- 35-48-4-12 of the Indiana Code Web Search
- 35-50-3-2 of the Indiana Code Web Search
- 35-5-2-7 of the Indiana Code Web Search
Manufacture or sale of less than 5 grams of hash oil, or hashish is a class A misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.
If the amount is at least 5 – but less than 300 grams the offense is a level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000. A subsequent offense if a person has a prior drug dealing offense is a level 5 felony punishable by punishable by 1 – 6 years imprisonment and a maximum fine of $10,000.
If the amount involved is at least 300 grams the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.
If the offense involved a sale to a minor the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 – 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.
See
- 35-48-4-10 of the Indiana Code Web Search
Paraphernalia
Manufacture
Manufacture of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A Subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.
See
34-28-5-4 of the Indiana Code Web Search
35-48-4-8.1 of the Indiana Code Web Search
Possession
Possession of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.
See
34-28-5-4 of the Indiana Code Web Search
35-48-4-8.3 of the Indiana Code Web Search
Sale
Dealing in paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A person is dealing in paraphernalia and has a prior unrelated judgment or conviction may be convicted of a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.
See
34-28-5-4 of the Indiana Code Web Search
35-48-4-8.5 of the Indiana Code Web Search
Miscellaneous
Presence “where knowledge of drug activity occurs” is a misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.
A possession, sale, or distribution conviction will result in a driver’s license suspension for 6 months- 2 years.
See
9-30-4-6(b)(6) of the Indiana Code Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.
LEGALIZED CBD
State law exempts CBD (cannabidiol) products from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.
MEDICAL CBD
This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
TAX STAMPS
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.
Indiana CBD-Specific Law
QUALIFYING CONDITIONS
Treatment-resistant epileptic conditions, including Dravet syndrome and Lennox-Gastaut syndrome
PATIENT POSSESSION LIMITS
CBD extract preparations must contain at least 10 percent CBD by weight and no more than 0.3 percent THC
HOME CULTIVATION
No
STATE-LICENSED DISPENSARIES
No. However, on 3/21/18 Gov. Eric Holcomb signed legislation, SB 52, authorizing retailers to sell independently certified “low THC hemp products” to adults. These products may be “derived from or contain any part of the plant cannabis sativa L. that meets the definition of industrial hemp,” must be lab certified to possess no more than 0.3 percent THC, and must “contain no other controlled substances.” As of July 1, 2018, additional labeling and packaging requirements are also necessary for these products.
CAREGIVERS
Yes
RECIPROCITY
No
CONTACT INFORMATION
The law assigns the Indiana Department of Health to establish a patient registry by July 1, 2017
Indiana Hemp Law
Year Passed: 2014
Summary: Senate Bill 357 authorizes state regulators to begin the process of licensing farmers to grow hemp commercially.
The American Farm Bureau recently endorsed ending the federal prohibition on industrial hemp at its annual meeting in January. Most recently, the US House of Representatives approved language in the federal Farm Bill to allow pilot studies specific to hemp cultivation to take place in states that have authorized them. Indiana’s farmers ought to be able to take advantage of this pending change in federal law.
Statute: Ind. Code § 15-15-13-7 (2014)