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Indiana Marijuana Laws

Are you a resident of Indiana and wondering about the legalization of marijuana in The Hoosier State? Elevate Holistics has you covered!

indiana marijuana laws

So, is marijuana legal in Indiana?
Let's find out.

If you currently live in Indiana or are considering moving to the state, you may be wondering if marijuana is legal in the state. The truth is that the legality of cannabis in the state of Indiana is somewhat complicated. Fortunately, we’ve compiled everything you need to know about marijuana in Indiana.

CBD oil is legal in Indiana in normal doses. CBD is a cannabinoid that is extracted from the hemp variety of cannabis sativa. This means that CBD oils have little to no THC in them, which is what makes marijuana have a mind-altering effect on users.

CBD oil has been legal in Indiana since 2018. As long as the oil has no more than 0.3 percent of THC in it, it is legal to purchase in the state.

As of now, delta 8 THC is legal to purchase, use, sell, distribute, produce, and possess in the state of Indiana. Under the 2018 Farm Bill, delta 8 is considered a hemp-derived product, so it is legal in the state as long as it has no more than 0.3 percent delta 9 THC.

You can currently purchase delta 8 either online or at CBD dispensaries, smoke shops, and vape stores. However, you aren’t able to purchase delta 8 flower anywhere in the state. You can also travel to Indiana with delta 8 products in your possession.

Indiana Marijuana Laws

Currently, neither medical nor recreational marijuana is legal in Indiana. The only products that are currently legal are hemp-derived such as CBD oils and delta 8 products, as long as they have no more than 0.3 percent THC.

Marijuana is considered a Schedule I drug in Indiana. Selling or cultivating it in the state can lead to fines, jail time, and felonies on your record. In addition, being found with paraphernalia in your possession is a Class A infraction that can lead to a fine of up to $10,000.

Indiana also has a law in place that will cause you to have a driver’s license suspension if you are found guilty of possession, sale, or distribution of marijuana. The suspension can last anywhere from six months to two years, depending on your charge.

Possession of Marijuana in Indiana

Having any amount of marijuana in your possession is a Class B misdemeanor and can lead to 180 days in jail and a fine of up to a thousand dollars. The only exception to this is hemp-derived products that have less than 0.3 percent THC.

If you are charged with possession of fewer than 30 grams but you have a prior drug offense, you will be charged with a Class A misdemeanor. This can result in up to one year of jail and a fine of up to $5,000.

If you have prior drug charges and are found with more than 30 grams, you will be charged with a Level 6 felony. The felony will result in being incarcerated for six months to two and a half years and a fine of up to $10,000.

Indiana has a very strict limit on THC in all forms. The only amount that is legal in the state is less than 0.3 percent THC in hemp-derived cannabinoids. If a product has any more THC in it, the state has a zero-tolerance policy meaning there is no legal amount of marijuana that you can possess in the state.

How Much Weed is a Felony in Indiana?

The amount of weed it takes to be considered a felony in Indiana is dependent on other factors involved. Possession of more than 30 grams of marijuana is considered a felony, but only if you have a prior drug offense on your record. If it’s your first offense, any amount you have on you is only considered a misdemeanor.

When it comes to selling and cultivating, being found with 30 grams or more will result in a felony, even if it’s your first offense. Also, if you sell to a minor, it’s automatically a felony in Indiana, no matter the amount.

Hash and concentrates have their own set of rules as well. Possessing five grams or more will result in a felony. In addition, manufacturing five grams or more is also considered a felony.

In addition, possessing, dealing, or manufacturing marijuana paraphernalia will result in a felony if you already have one offense on your record. The first offense of this type is simply an infraction.

Can You Legally Grow Hemp in Indiana?

Thanks to the 2018 Farm Bill, hemp is no longer considered a controlled substance and is a legal crop in Indiana. However, in order to grow hemp, there is a process that has to be followed.

In order to legally grow hemp in Indiana, you have to get a license to do so. The application for a hemp growing license can take a while, so it’s a good idea to prepare in advance.

There are many restrictions that are involved in determining whether you are eligible to be a hemp grower in the state. Some of those restrictions include the following

  • You must pass a background check.
  • You must have no drug-related charges on your record for at least ten years.
  • You must have the required amount of land required for growing hemp.
  • You have to purchase seeds that are certified by the Office of Indiana Chemist – however, these can be hard to find.

If you aren’t licensed to grow hemp in Indiana, but you do it anyway, it is considered marijuana, and you will be charged according to Schedule I drug laws. This can leave you subject to felonies, fines, and even jail time, so it’s important to follow the correct steps to get registered before you begin growing.

Do You Need a Medical Card to Buy from a Dispensary in Indiana?

Currently, there are no medical marijuana dispensaries in the state of Indiana because medical cannabis isn’t legal. The only dispensaries in the state right now are CBD dispensaries, and you don’t need a medical card in Indiana to buy CBD products from these shops.

These dispensaries are not state-licensed, meaning they are independently owned. However, they are all subject to the same regulations for CBD products. All CBD products must contain at least ten percent CBD by weight and no more than 0.3 percent THC.


Indiana is one of only 11 states that has currently not legalized marijuana for either medical or recreational purposes. However, there is a large push to change that in the state, so hopefully, residents of Indiana will see changes to their cannabis laws in the near future.

In the meantime, Indiana residents can continue to use hemp-derived products like CBD oil and delta 8 products. Just make sure that you are following all laws and regulations to avoid running into any issues with laws.

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