Legislation that would decriminalize the possession of up to two ounces of cannabis was filed today in the Indiana House of Representatives.
House Bill 1191, authored by State Representative Mitch Gore (D), was introduced Monday and formally referred to the Committee on Courts and Criminal Code. The measure would decriminalize possession of two ounces or less of marijuana under Indiana law, completely removing criminal penalties.
Under current statute, possession of any amount of marijuana is treated as a criminal offense with penalties that can range from a Class B misdemeanor to a felony depending on prior convictions and the quantity involved, exposing individuals to possible jail time, fines, and a permanent criminal record even for low-level, nonviolent conduct. HB 1191 would change that framework by setting a clear threshold, making possession of up to two ounces legal while preserving criminal penalties for amounts above that level. The bill would take effect July 1, 2026, giving courts, law enforcement agencies, and prosecutors time to adjust to the new standard.
The legislation also revises how higher quantities are treated. Possession of more than two ounces would remain a misdemeanor, while felony charges would apply only in cases involving prior drug convictions and significantly larger quantities. The bill raises the felony threshold from roughly one ounce to four ounces, narrowing the circumstances under which marijuana possession could lead to a felony conviction.
If approved by the General Assembly and signed by Governor Mike Braun (or allowed to become law without a signature), HB 1191 would represent a major shift in Indiana’s approach to marijuana enforcement, aligning the state more closely with a growing number of jurisdictions that have moved away from criminal penalties for personal possession. The bill now awaits consideration by the House committee, where lawmakers will determine whether it advances during the 2026 legislative session.
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