Menu

Indiana

1. Overview of Cannabis and Hemp Laws

Cannabis:
Indiana strictly prohibits both recreational and medical cannabis. The state does not have a legal framework for medical marijuana, though it allows limited use of CBD oil containing less than 0.3% THC​.

Hemp Intoxicants and Synthetic THC:
Indiana prohibits hemp-derived intoxicants, including delta-8 THC, classifying them as Schedule I controlled substances. State enforcement efforts specifically target unregulated hemp products​.

2. Historical Context

  • 1937: Indiana aligned with federal prohibition under the Marihuana Tax Act.
  • 2018: Legislation allowed limited use of low-THC CBD oil for patients with specific conditions, particularly epilepsy.
  • 2022: Indiana legislators rejected proposals for a comprehensive medical cannabis program, continuing the state’s prohibitionist stance​.

3. Recreational Cannabis Laws

  • Possession Limits: Possession of any cannabis amount is illegal. Less than 30 grams is a misdemeanor, while larger amounts are felonies.
  • Cultivation: Unauthorized cultivation is prohibited, with any quantity classified as a felony offense.
  • Public Use: All cannabis use, both public and private, is illegal in Indiana.
  • Sale and Retail: All cannabis sales are illegal, with felony charges for any sale-related offense. Penalties are heightened for sales near schools or to minors​.

4. Medical Cannabis Laws

  • Patient Eligibility: Indiana does not offer a medical cannabis program and restricts THC-containing products, even for medical purposes.
  • Product Access: Only low-THC CBD oil (≤0.3% THC) is legally available, primarily for conditions like epilepsy, though access remains limited.
  • Program Details: Indiana’s CBD law does not support broader medical cannabis use, and no registration system exists for medical cannabis patients​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Indiana classifies hemp-derived intoxicants, including synthetic cannabinoids like delta-8 THC, as Schedule I controlled substances, effectively banning production, sale, and possession.
  • Testing and Labeling Requirements: No state testing or labeling standards exist, as all intoxicating hemp products are prohibited.
  • Age and Retail Restrictions: There are no age or retail restrictions, as hemp intoxicants are fully banned in Indiana​.

6. Criminal Penalties for Cannabis Offenses

  • Possession:
    • Less than 30 grams: Classified as a misdemeanor, with penalties up to 1 year in jail and fines up to $5,000.
    • More than 30 grams: Considered a felony, with increased penalties for larger quantities or repeat offenses.
  • Sale and Distribution: All sales are felonies, with aggravated penalties for sales to minors or near schools, carrying potential prison sentences and significant fines.
  • Trafficking and Cultivation: Cultivation of any amount is illegal and classified as a felony, with severe penalties. Trafficking large quantities results in enhanced sentencing based on the amount involved​.

7. Social Equity Programs

  • Eligibility Criteria: Indiana does not have a social equity program related to cannabis.
  • Licensing Benefits: No cannabis-related licensing benefits or programs exist in the state.
  • Additional Support: Indiana offers no social equity support for cannabis business development​.

8. Business Types and Operations

  • Licensing Types: Indiana does not issue licenses for any cannabis-related business operations, as all forms of commercial cannabis activity are prohibited.

Regulatory Requirements: No regulatory framework exists for cannabis businesses, as Indiana enforces strict prohibition rather than commercial regulation​.

Hemp Click To Learn More