Marijuana remains illegal in Indiana for both recreational and medical use. Unlike most states, Indiana has not established a comprehensive medical marijuana program, and possession of even a small amount of marijuana can result in a misdemeanor charge.
Indiana does allow certain hemp and low-THC hemp-derived products that meet state requirements, but these laws do not legalize marijuana.
Multiple attempts to change Indiana’s marijuana laws were introduced during the 2026 legislative session, including proposals to legalize marijuana and to decriminalize possession of up to two ounces, but neither proposal became law.
This page covers Indiana marijuana possession laws, penalties, home cultivation, medical marijuana, hemp products and other major rules. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 13, 2026
Indiana Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Medical marijuana | No comprehensive program |
| Legal possession limit | None |
| Recreational sales | Illegal |
| Medical dispensaries | None |
| Home cultivation | Illegal |
| Marijuana decriminalized statewide | No |
| Certain hemp-derived products | Legal if they meet state requirements |
| Smokable hemp | Restricted under Indiana law |
| Driving while impaired | Illegal |
Is Recreational Marijuana Legal in Indiana?
No. Recreational marijuana is illegal in Indiana.
Indiana has not legalized adult possession, use, cultivation or retail marijuana sales. Possession is prohibited under Indiana Code § 35-48-4-11.
This means Indiana does not have a legal possession limit comparable to neighboring states that allow recreational marijuana. Even possession of a small amount can result in a criminal charge.
The Indiana General Assembly considered legalization again in 2026. Senate Bill 286 would have established a regulated marijuana system for adults 21 and older and patients with serious medical conditions, but the bill did not advance out of committee and became inactive.
How Much Marijuana Can You Legally Possess in Indiana?
There is no legal recreational marijuana possession limit in Indiana.
Under Indiana law, knowingly or intentionally possessing marijuana is generally a Class B misdemeanor for a first offense.
Unlike some prohibition states, Indiana law does not provide a small amount that adults may legally possess without penalty. Even an amount below one ounce remains prohibited.
Penalties can become more serious for people with previous drug convictions.
What Are the Penalties for Marijuana Possession in Indiana?
Indiana Code § 35-48-4-11 establishes the state’s penalties for marijuana possession.
For simple possession:
| Circumstance | Classification | Potential Penalty |
|---|---|---|
| First possession offense | Class B misdemeanor | Up to 180 days in jail and up to a $1,000 fine |
| Possession with a prior drug conviction | Class A misdemeanor | Up to 1 year in jail and up to a $5,000 fine |
| At least 30 grams of marijuana with a prior drug conviction | Level 6 felony | 6 months to 2.5 years and up to a $10,000 fine |
| At least 5 grams of hash oil or hashish with a prior drug conviction | Level 6 felony | 6 months to 2.5 years and up to a $10,000 fine |
A first possession offense does not automatically become a felony solely because the amount reaches 30 grams. Under the possession statute, the Level 6 felony provision applies when a person has a prior drug conviction and possesses at least 30 grams of marijuana or at least 5 grams of hash oil or hashish.
Indiana also allows a conditional discharge in some first-time misdemeanor possession cases. Under Indiana Code § 35-48-4-12, a person with no previous controlled-substance conviction who pleads guilty to misdemeanor marijuana possession may, with the court’s approval, have proceedings deferred while completing conditions imposed by the court. If those conditions are successfully completed, the charge is dismissed.
Has Indiana Decriminalized Marijuana?
No. Indiana has not decriminalized marijuana possession statewide.
Lawmakers considered doing so in 2026. House Bill 1191, introduced by Rep. Mitch Gore, would have decriminalized possession of two ounces or less of marijuana.
The bill was referred to the House Committee on Courts and Criminal Code but did not advance and became inactive.
Because the proposal did not become law, possession remains a criminal offense under existing Indiana law.
Is Medical Marijuana Legal in Indiana?
No. Indiana does not have a comprehensive medical marijuana program.
There are no state-licensed medical marijuana dispensaries, medical marijuana cards or qualifying-condition system comparable to programs operating in most other states.
Having a medical condition does not by itself provide an exemption from Indiana’s marijuana possession laws. Likewise, a medical marijuana card issued by another state does not authorize possession of marijuana in Indiana.
Lawmakers have repeatedly considered legislation to establish a medical marijuana program, including Senate Bill 286 in 2026, but no comprehensive program had been enacted as of September 2026.
Does Indiana Recognize Out-of-State Medical Marijuana Cards?
No. Because Indiana does not operate a comprehensive medical marijuana program, it does not provide reciprocity for medical marijuana cards issued by other states.
A person who is legally registered as a medical marijuana patient in another state may still face penalties for possessing marijuana after entering Indiana.
Travelers should also be aware that transporting marijuana across state lines remains illegal under federal law.
Can You Grow Marijuana at Home in Indiana?
No. Home cultivation of marijuana is illegal in Indiana.
Indiana’s possession statute specifically covers knowingly or intentionally growing or cultivating marijuana. The state does not provide an exemption for personal cultivation, recreational use or medical use.
There is therefore no legal number of marijuana plants that an Indiana resident may grow at home.
Hemp cultivation is regulated separately and requires compliance with Indiana’s hemp licensing program.
Can You Buy Marijuana at a Dispensary in Indiana?
No. Indiana does not license recreational or medical marijuana dispensaries.
There are no legal stores in Indiana where consumers can purchase marijuana containing THC above the limits applicable to legal hemp products.
Residents may encounter stores selling hemp-derived products, but those businesses are not marijuana dispensaries and their products are governed by separate state and federal hemp laws.
Can Indiana Residents Buy Marijuana in Another State?
Indiana residents who meet another state’s eligibility requirements may legally purchase marijuana while physically present in a state that allows such sales.
However, marijuana purchased legally elsewhere cannot legally be brought back into Indiana.
Possession becomes subject to Indiana law once the person enters the state, and transporting marijuana across a state border is also prohibited under federal law.
Is CBD Legal in Indiana?
Certain CBD and other hemp-derived products are legal in Indiana if they meet the state’s definition of hemp or low-THC hemp extract and comply with applicable requirements.
Indiana defines low-THC hemp extract as a substance derived from qualifying hemp that contains no more than 0.3% total delta-9 THC, including precursors, by weight and contains no other controlled substances.
Indiana’s marijuana definition specifically excludes qualifying hemp and low-THC hemp extract.
The state also regulates commercial hemp production. The Indiana State Department of Agriculture notes that the Office of the Indiana State Chemist oversees licensing of hemp growers, handlers and seed producers.
Legal hemp products should not be confused with marijuana. A cannabis product that falls outside Indiana’s hemp exemptions can still be treated as an illegal controlled substance.
Is Hemp Flower Legal in Indiana?
Indiana treats smokable hemp differently from many other hemp products.
State law defines smokable hemp to include qualifying hemp products, including hemp bud and hemp flower, in a form that allows THC to be introduced into the body through inhalation of smoke.
Indiana Code § 35-48-4-10.1 generally prohibits knowingly or intentionally manufacturing, delivering or possessing smokable hemp, subject to specific exceptions such as qualifying products moving through the state in continuous interstate transit.
Consumers should therefore not assume that a product is legal to possess in Indiana simply because it qualifies as hemp under federal THC limits.
Is Delta-8 THC Legal in Indiana?
Indiana’s treatment of intoxicating hemp-derived cannabinoids is more complicated than its treatment of traditional CBD products.
State law excludes qualifying low-THC hemp extract from the definition of a controlled substance, while Indiana’s controlled-substance schedules also regulate tetrahydrocannabinols and certain related compounds. Courts and state officials have addressed how these provisions apply to products containing cannabinoids such as delta-8 THC.
Because the legality of a specific product can depend on its cannabinoid content, THC concentration, formulation and whether it qualifies for Indiana’s statutory hemp exceptions, consumers should not assume that every product marketed as “hemp-derived” is legal under Indiana law.
Can You Smoke Marijuana in Public in Indiana?
No. Because possession and use of marijuana are illegal statewide, there is no legal public-consumption system in Indiana.
The state does not authorize marijuana consumption lounges or other recreational marijuana consumption establishments.
Using marijuana on private property does not make possession legal under state law.
Can You Drive After Using Marijuana in Indiana?
Driving while intoxicated by marijuana is illegal.
Indiana law also addresses operating a vehicle with a Schedule I or Schedule II controlled substance or its metabolite in the driver’s blood. The law contains a specific defense in certain marijuana-metabolite cases when the driver was not intoxicated, did not cause a traffic accident and other statutory requirements are met.
That defense does not make impaired driving legal. A person who drives while intoxicated by marijuana can still face an operating-while-intoxicated charge and additional penalties depending on the circumstances.
Can You Bring Marijuana From Michigan or Illinois Into Indiana?
No.
Marijuana may be legal for adults in neighboring Michigan and Illinois, but those laws stop at the state border. Bringing marijuana purchased in either state into Indiana can result in an Indiana possession charge.
Crossing a state line with marijuana also implicates federal law, regardless of whether marijuana is legal in both the state where the trip began and the state where it ends.
Can You Give Marijuana to Someone Else in Indiana?
Indiana does not have a legal adult marijuana gifting system.
Giving marijuana to another person can potentially fall under Indiana’s laws against delivering marijuana. The penalties for dealing or delivery are separate from the state’s simple possession penalties and can be more severe, particularly when larger quantities or other aggravating circumstances are involved.
Consumers should not assume that transferring marijuana without receiving money makes the transaction legal.
Frequently Asked Questions About Indiana Marijuana Laws
Is marijuana legal in Indiana in 2026?
No. Recreational and medical marijuana remain illegal in Indiana.
How much marijuana can you possess in Indiana?
Indiana has no legal recreational possession amount. Even possession of a small amount can be charged as a Class B misdemeanor for a first offense.
Is possession of less than an ounce legal in Indiana?
No. Indiana does not exempt possession of less than an ounce from its marijuana possession law.
Is marijuana possession a felony in Indiana?
A first simple possession offense is generally a Class B misdemeanor. Possession can become a Level 6 felony when a person has a prior drug conviction and possesses at least 30 grams of marijuana or at least 5 grams of hash oil or hashish.
Does Indiana have medical marijuana?
No. Indiana does not currently operate a comprehensive medical marijuana program.
Can medical marijuana patients grow plants in Indiana?
No. Indiana does not allow medical or recreational home marijuana cultivation.
Can you buy recreational marijuana in Indiana?
No. Indiana has no licensed recreational marijuana stores.
Is CBD legal in Indiana?
Qualifying hemp-derived CBD products and low-THC hemp extracts are legal when they meet Indiana’s statutory requirements. These products are regulated separately from marijuana.
Can you bring legal marijuana from Illinois or Michigan into Indiana?
No. Marijuana legally purchased in another state cannot legally be brought into Indiana.
Official Sources
Indiana marijuana possession and controlled-substance laws: Indiana General Assembly, Indiana Code Title 35
Indiana hemp program: Indiana State Department of Agriculture
2026 marijuana legalization proposal: Indiana Senate Bill 286
2026 marijuana decriminalization proposal: Indiana House Bill 1191
