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Medical Marijuana Indiana Frequently Asked Questions
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Is Marijuana Legalized in Indiana?
Unfortunately, Indiana is one of the few states that prohibit both the possession and use of marijuana for recreational and medicinal consumption.
During the state’s 2022 legislative session, legislators from both chambers introduced 13 bills relating to cannabis. However, all bills, including those to decriminalize and legalize medical cannabis, didn’t make it out of committee.
For now, Indiana is one of 13 states with no medical marijuana laws that still impose jail time for possession of even small amounts of marijuana.
However, Indiana follows federal law and legalizes “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers of hemp with a Delta-9 THC level of .3% or less”.
Also, with three of the four states surrounding Indiana legalizing cannabis for medical or recreational use, we may expect a positive turn soon.
Does Indiana Have Medical Marijuana?
At this time, Indiana laws have no provision for medical marijuana. However, Indiana lawmakers are deliberating decriminalizing medical marijuana and marijuana-based products.
Over a dozen bills concerning marijuana were introduced based on the 2021 Legislative Session proceedings. Although the bills garnered bipartisan support, medical marijuana is not yet legal in Indiana.
But based on voter interest and lawmakers’ support, it is only a matter of time before medical marijuana will be legal.
What’s legal at this time is low-THC CBD products derived from industrial hemp. On March 21, 2018, Gov. Eric Holcomb signed Senate Enrolled Act 52, which allows people to buy, sell, and possess CBD oil as long as it contains no more than 0.3 percent THC.
The law permits only patients with seizure disorders to use low-THC. Still, it doesn’t provide a way for them to purchase CBD due to the illegality of manufacturing CBD in Indiana.
LEARN MORE: Is Cannabis Legal in Indiana?
Does Indiana Have Recreational Marijuana?
No. In Indiana, recreational marijuana is not legal, and the state has no provision for medical marijuana use either.
Under Schedule I Indiana Controlled Substances Act, marijuana is a controlled substance. This means that the state strictly prohibits marijuana purchase, production, and distribution, and they carry stiff penalties.
Under the current law, possession of fewer than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one-year imprisonment and a fine of up to $5,000. Possession of more or subsequent offenses is a class D felony, which can earn violators between six months and 2 ½ years prison sentence. This also carries a fine of up to $10,000.
Can the Doctor Prescribe Medical Marijuana in Indiana?
Doctors cannot prescribe medical marijuana in Indiana. Still, they’ll be the ones to prescribe it to patients if Indiana chooses to legalize it.
Several states where cannabis is legal require medical practitioners to go through a qualification course that allows them to prescribe or recommend the use of medical marijuana.
With the state’s current strictness on marijuana laws, Indiana will likely set regulations before permitting medical practitioners to prescribe marijuana.
Can You Get a Medical Marijuana Card in Indiana?
At the moment, you cannot. But once Indiana legalizes marijuana, you’ll need confirmation from a medical practitioner to prove you qualify to use medical cannabis in Indiana.
After confirmation, you’ll need to fill out an application for a medical card. The application forms that make you qualify require you to submit other documents. Some records include proof of diagnosis of a qualifying medical condition, an official written certification from an Indiana-licensed physician, and proof of Indiana residency.
In addition, applicants might need to pay a fee when submitting their applications. Once you meet all legal requirements, you can get a medical marijuana card once Indiana legalizes marijuana.
Is Growing Marijuana Legal in Indiana?
Indiana is not yet a marijuana state. Hence, it’s illegal to sell and grow marijuana in Indiana. The charges for these crimes are similar to those for possession. Selling or growing less than 30 grams is a misdemeanor.
Depending on the amount and number of previous drug offenses, possession of marijuana in Indiana may carry a felony charge.
First-time possession charges are considered misdemeanors. However, they carry jail time of up to 180 days and a fine of up to $1,000.
A misdemeanor conviction carries a maximum one-year prison sentence and a $5,000 fine for possession of fewer than 30 grams.
Perhaps when Indiana legalizes cannabis, the new laws will regulate how much marijuana a medical patient can possess. Legalizing marijuana in Indiana will also dictate the cultivation, purchase, and growing of marijuana for medical or recreational use.
Until then, marijuana cultivation or possession carries stiff penalties.
What are the Potential Charges for Edible Marijuana in Indiana?
Like other marijuana-based products, Indiana marijuana laws are not lax for edibles or other forms of marijuana. Some penalties for possession, sale, or purchase are as harsh as six years jail time or a fine of $10,000 or both.
The penalties for possession below 5 grams even unknowingly constitute a Class A misdemeanor, punishable by a maximum sentence of one-year imprisonment and a maximum fine of $5,000. Amounts above 5 grams or more include a felony and can carry jail time of up to two and a half years and a fine of $10,000.
Possession of marijuana for personal use, including edibles, is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000.
Also, possession of marijuana with intent to produce or deliver any marijuana-based product carries a sentence of one-year imprisonment and a fine of $5,000.
A repeat offense is a level 6 felony punishable by six months – 2 ½ years prison sentence and a fine of $10,000.
Additionally, the sale of 30 grams is a Level 6 felony punishable by six months – 2 ½ years imprisonment. There is also a maximum fine of $10,000.
Any 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 manufacture or sale of fewer than 5 grams of derivatives, including edibles, 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 six months – 2 ½ years imprisonment and a maximum fine of $10,000.
Are There Dispensaries in Indiana?
Marijuana dispensaries function only in states where marijuana distribution is legal.
Operating a dispensary requires a license, and since marijuana remains illegal in Indiana, there are no licensed dispensaries.
The sale, delivery, or distribution of marijuana is punishable by as much as $10,000 and 6 years imprisonment.
Patients who need dispensaries to purchase marijuana will have to visit Indiana’s neighboring states, such as Michigan, Illinois, and Ohio, to buy their cannabis. (But, you’ll have to stay there to consume it, too. No traveling across state lines.)
Remember that it’s illegal to carry marijuana from these states into Indiana. And possession, even for medical reasons, has stiff penalties, as mentioned earlier. Well, until marijuana becomes legal in Indiana.
Elevate Holistics: Helping You Stay Healthy and Informed
As more people and states embrace the healing effects of marijuana through legalization, one of our jobs is to keep you aware of the legalization status in your state.
In Indiana, medical marijuana is illegal. So, for now, we advise you to obey the state laws and join efforts to make medical marijuana legal.
For states where marijuana is legal, Elevate Holistics provides you with a complete marijuana service.
Do you live in the states around Indiana? Do you need to get your marijuana card, fix an appointment with a qualified doctor or find a licensed dispensary close to you?
Do you qualify for a medical card?
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