Last verified: April 2026
The Short Answer: Full Prohibition
Indiana’s cannabis criminal code is built on Indiana Code Chapter 35-48-4, a structure largely unchanged in its bones since the 1976 Controlled Substances Act adoption, with selective sentencing reforms in 2014 (the felony-class restructuring from A/B/C/D to Levels 1–6) and modest reformist tweaks in 2020–2021. The principal possession statute is IC 35-48-4-11.
There is no operative state medical cannabis program. Indiana is one of roughly 24 states without a citizen ballot-initiative process, meaning every cannabis policy change must clear the Republican-trifecta legislature. Hashish, hash oil, and salvia are governed by the same IC 35-48-4-11 with a 5-gram trigger (instead of 30 grams) for the Level 6 felony enhancement when paired with a prior conviction.
A first-offense possession of any amount of marijuana, hashish, hash oil, or salvia is a Class B misdemeanor under IC 35-48-4-11(a) — up to 180 days jail and a $1,000 fine under IC 35-50-3-3.
Indiana Code 35-48-4-11
Possession Penalties at a Glance
| Offense | Class | Maximum Sentence |
|---|---|---|
| Possession (1st offense, any amount) | Class B misdemeanor | 180 days, $1,000 |
| Possession (with prior drug conviction) | Class A misdemeanor | 365 days, $5,000 |
| Possession (prior + 30g marijuana, or 5g hashish) | Level 6 felony | 6 mo – 2.5 yrs, $10,000 |
| Cultivation (any amount) | Class B misdemeanor | Same as possession |
| Dealing (base) | Class A misdemeanor | 365 days, $5,000 |
| Dealing (30g – 10 lb marijuana) | Level 6 felony | 6 mo – 2.5 yrs, $10,000 |
| Dealing (10 lb+) | Level 5 felony | 1–6 yrs (advisory 3), $10,000 |
Source: Indiana Code 35-48-4. School-zone, minor-sale, and firearm enhancements add Level 5 status. See dealing & trafficking.
Key Facts at a Glance
| Recreational (Adult-Use) | Fully illegal — no decriminalization at any level |
|---|---|
| Medical Program | None operating — no legislation has ever passed |
| Hemp / Delta-8 / Delta-9 Edibles | Legal under SEA 52 (2018) and 2018 Farm Bill |
| Smokable Hemp | Banned under IC 15-15-13 (uneven enforcement) |
| Decriminalization | None statewide. Marion County DA Mears declines ≤ 1 oz since 2019 |
| Home Cultivation | Prohibited — same penalty as possession |
| Voter Support (Reform) | 87% support some form of legalization (Hoosier Survey, Nov 2024) |
| Ballot Initiative Process | Does not exist in Indiana — legislative path only |
| Governing Law | IC 35-48-4 (criminal); IC 15-15-13 (hemp) |
Conditional Discharge Is Not Decrim
IC 35-48-4-12 allows a first-offender to plead to misdemeanor possession of marijuana, hashish, salvia, or smokable hemp without entering judgment of conviction; if conditions of court custody are met, the case is dismissed. The provision is one-time-only and discretionary with the court — not a right. It does not apply to felonies. See conditional discharge.
The Per Se Metabolite DUI Rule
Indiana enforces per se zero-tolerance for any detectable THC metabolite under IC 9-30-5 — including the inactive carboxy-THC metabolite that can persist 30+ days after use. P.L. 142-2020 and P.L. 49-2021 added a limited marijuana-metabolite affirmative defense: a defendant can prove they consumed cannabis legally elsewhere (e.g., on a Michigan trip) and were not impaired at time of operation. See DUI & driving.
Paraphernalia: A Separate Statute
IC 35-48-4-8.3 makes possession of paraphernalia a Class C misdemeanor (60 days, $500), escalating to Class A with a prior. Manufacturing or dealing paraphernalia carries Level 6 felony exposure. Rolling papers are statutorily excluded. See paraphernalia.
Civil Asset Forfeiture and *Timbs v. Indiana*
Indiana’s forfeiture chapter, IC 34-24-1, lets prosecutors seize vehicles, cash, and property “used to facilitate” a controlled-substances offense. Timbs v. Indiana, 586 U.S. ___ (2019) — the U.S. Supreme Court ruling incorporating the Eighth Amendment’s Excessive Fines Clause against the states — was an Indiana case: Tyson Timbs’s $40,000 Land Rover was eventually returned in 2020 after Grant Superior Judge Jason Todd ruled the forfeiture grossly disproportionate. The Institute for Justice grades Indiana’s forfeiture laws a D.
Explore Indiana Cannabis Law
Official Sources
- Indiana Code Title 35 — Criminal Law and Procedure
- Indiana Criminal Justice Institute
- Indiana Attorney General
- Office of Indiana State Chemist (hemp regulation)
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org