Cannabis laws continue to shift worldwide, but Indiana has remained strict in its stance. Recreational marijuana use is illegal, and possession of even small amounts can result in criminal charges. While some states have embraced full legalization or robust medical programs, Indiana only allows limited use of low-THC CBD products under strict guidelines. Possession of marijuana is a Class B misdemeanor, carrying penalties of up to 180 days in jail and fines of up to $1,000. Cultivation and sale bring harsher consequences, reflecting the state’s firm prohibitionist approach.
Key Takeaways
- Recreational marijuana is illegal in Indiana, with strict penalties for possession and use.
- Medical cannabis is not available, though hemp-derived CBD with less than 0.3% THC is legal.
- Legislative reform efforts continue, but Indiana remains one of the most restrictive states on cannabis.
Historical Overview of Cannabis Regulation in Indiana
Indiana’s approach to cannabis regulation has been marked by strict prohibition and resistance to reform. The first major restriction dates back to 1913, when the state banned the sale of marijuana without a prescription, placing it among the earliest adopters of prohibition laws in the U.S.
Efforts to change these laws have surfaced over time but largely stalled. In 2013, lawmakers debated reducing penalties for small-scale possession, but the proposal failed. Instead, the state reinforced penalties, reflecting then-Governor Mike Pence’s position that reducing punishments would not align with Indiana’s crime policy.
There have been some localized and nuanced shifts. In 2019, Marion County prosecutors announced they would no longer pursue cases involving possession of one ounce or less, effectively decriminalizing small amounts within the county. Hemp legislation also advanced, with CBD oil containing less than 0.3% THC legalized for regulated use.
Cultural factors have also influenced debate. The First Church of Cannabis, founded in 2015, challenged state laws on grounds of religious freedom, although without achieving legal success. More recently, attempts to ban delta-8 THC products in 2022 failed, leaving them legal for now.
Medical Cannabis in Indiana: Legal Provisions and Accessibility
Indiana remains one of the few U.S. states without a comprehensive medical cannabis program. While many neighboring states have adopted systems allowing patients access to marijuana for therapeutic use, Indiana’s legislature has consistently rejected such proposals. In 2015, bills aimed at permitting medical cannabis for patients with severe conditions failed to move forward in either chamber.
The only exceptions relate to CBD oil with very low THC content. In 2017, lawmakers approved the use of CBD (under 0.3% THC) for individuals with uncontrollable seizures. The following year, the law expanded to allow CBD products for any purpose, provided they meet strict testing and labeling requirements. These oils and tinctures are widely available, but they do not provide the same access to cannabis-based treatments that full medical programs elsewhere offer.
Patients in Indiana cannot obtain cannabis with higher THC levels, nor can physicians prescribe marijuana for pain management, cancer, or epilepsy beyond the CBD framework. Access to FDA-approved cannabis-derived medication, such as Epidiolex, is possible but limited and tightly regulated. As of 2025, advocacy groups continue to push for reform, but the state’s stance remains restrictive, leaving patients with few legal options for medical cannabis use.
Current Legal Status of Recreational Marijuana in Indiana
Recreational marijuana use is illegal in Indiana. Unlike some states that have decriminalized or legalized small amounts, Indiana continues to enforce some of the strictest cannabis laws in the Midwest. Possession of any amount of marijuana is treated as a criminal offense rather than a civil violation.
Under current law, possession of marijuana is classified as a Class B misdemeanor, which can result in up to 180 days in jail and fines of up to $1,000. Repeat offenses or possession of larger amounts may escalate to felony charges, with penalties that include longer prison terms and significantly higher fines. Cultivation and sale carry even harsher punishments, particularly if they occur near schools or designated public areas.
While CBD products derived from hemp containing less than 0.3% THC are permitted under state law, this does not extend to traditional cannabis use. Indiana has not adopted measures to decriminalize small amounts, except in limited jurisdictions, such as Marion County, where prosecutors exercise discretion in low-level cases.
Possession, Cultivation, and Consumption: What’s Allowed in Indiana?
Indiana law maintains a strict ban on marijuana possession, cultivation, and use, with limited exceptions for hemp-derived CBD.
- Possession: Holding any amount of marijuana is a criminal offense. A first-time offense involving less than 30 grams is classified as a Class B misdemeanor, carrying a potential penalty of up to 180 days in jail and a fine of $1,000. If the individual has a prior drug conviction, the same amount can result in up to one year in jail and fines of up to $5,000. Possession of more than 30 grams, with a prior offense, escalates to a felony, punishable by up to 2.5 years in prison and fines of up to $10,000.
- Cultivation: Growing marijuana plants at home is illegal. Cultivation is treated under the same statutes as sale and distribution. Penalties range from misdemeanors for very small amounts to felonies carrying 1–6 years of imprisonment and fines of up to $10,000, depending on the quantity.
- Consumption and Purchase: Recreational consumption of marijuana is not permitted, and there are no legal retail outlets for cannabis in the state. The only legal products are CBD oils and related items with less than 0.3% THC, which can be purchased from licensed retailers under Senate Enrolled Act 52.
In short, Indiana enforces a zero-tolerance approach: possession, cultivation, and use of marijuana remain strictly prohibited, with only hemp-based CBD exempted.
What Future for Cannabis Legislation in Indiana?
There is growing momentum in Indiana toward reforming its cannabis laws, though as of mid-2025, none of the major bills have yet become law.
Some key developments to watch:
- In the 2025 legislative session, several bills were introduced that aim to legalize medical cannabis, and others propose regulating cannabis for adult recreational use.
- House Bill 1630 is one such bill intended to establish a legal production and sale system for cannabis.
- There is still resistance among many legislators about full legalization, especially for recreational use, with concerns around regulation, public health, and enforcement.
Indiana’s laws remain restrictive today, but with neighboring states moving ahead and public pressure growing, it seems increasingly likely that medical cannabis reform may be the first significant change.
To Sum Up
Is marijuana legal in Indiana? The answer is no: both recreational and medical cannabis remain prohibited, with the only exception being CBD products that contain less than 0.3% THC. Possession, cultivation, and use of marijuana carry severe penalties, ranging from misdemeanors to felonies, depending on the amount and prior convictions. While there have been attempts to introduce medical cannabis programs and ongoing debates about reform, Indiana has yet to adopt the policies seen in many neighboring states. For now, staying informed about legislative updates is essential, as changes could reshape the state’s cannabis landscape in the coming years.
Rita Ferreira
Rita is a seasoned writer with over five years of experience, having worked with globally renowned platforms, including Forbes and Miister CBD. Her deep knowledge of hemp-related businesses and passion for delivering accurate and concise information distinguish her in the industry. Rita's contributions empower individuals and companies to navigate the complexities of the cannabis world, and her work remains a valuable resource for those seeking a deeper understanding of its potential.
