No. Marijuana is illegal in Indiana for both recreational and medical use, and possessing any amount is a Class B misdemeanor that can bring up to 180 days in jail and a $1,000 fine. The only legal cannabis products are hemp and “low THC hemp extract” such as CBD oil, and a 2026 bill to tighten hemp THC rules died when the session ended on February 27, 2026.
Michigan, Illinois and Ohio all allow adult-use cannabis, but Indiana law has not moved. This guide explains Indiana law as of October 2026: the possession penalties, the hemp and CBD exceptions, the driving rules and what the federal hemp changes mean for delta-8 and THCA products. It is general information, not legal advice.
Indiana Cannabis Laws at a Glance
| Topic | The rule in Indiana | Source |
|---|---|---|
| Legal status | Illegal for recreational and medical use | IC 35-48-4 |
| Possession, first offense | Class B misdemeanor: up to 180 days in jail and a $1,000 fine | IC 35-48-4-11 |
| Possession with a prior drug conviction | Class A misdemeanor; Level 6 felony if also 30 grams or more of marijuana or 5 grams or more of hashish | IC 35-48-4-11 |
| Home grow | Illegal; growing carries the same penalties as possession | IC 35-48-4-11 |
| Where to buy | Nowhere legally; no dispensaries | IC 35-48-4 |
| Medical program | None | Indiana General Assembly |
| CBD | Low THC hemp extract (0.3% delta-9 THC or less) is legal | IC 24-4-22 |
| Driving | Marijuana or its metabolite in the blood is an offense, with a narrow defense if you were not intoxicated | IC 9-30-5-1 |
| Taxes | No legal market, so no cannabis tax | n/a |
Is Marijuana Legal in Indiana?
No. Marijuana and THC are Schedule I controlled substances under Indiana law, and the state has never passed a medical marijuana law, an adult-use law or statewide decriminalization. Indiana also has no citizen ballot initiative process, so any change has to come from the General Assembly.
Lawmakers have filed many marijuana bills in recent sessions, but none has been signed. During the 2026 session, which ended on February 27, 2026, no legalization or medical bill passed, as the Indiana Capital Chronicle reported in its session wrap-up.
Cannabis is also illegal under federal law for adult use. Since April 2026, federal Schedule III status covers only marijuana held under a state medical marijuana license and FDA-approved products, and Indiana issues no such licenses. See our guide to federal marijuana law in 2026.
Possession and Growing Penalties in Indiana
Under IC 35-48-4-11, as summarized by the Clark County Prosecuting Attorney’s office, possessing marijuana or hashish is charged this way:
- Any amount, no prior drug conviction: Class B misdemeanor, punishable by up to 180 days in jail and a $1,000 fine.
- Prior conviction for a drug offense: Class A misdemeanor, punishable by up to 1 year in jail and a $5,000 fine.
- Prior drug conviction and at least 30 grams of marijuana (or 5 grams of hashish): Level 6 felony, punishable by 6 months to 2.5 years and a $10,000 fine.
There is no minimum amount. The same penalties apply to growing marijuana or knowingly allowing plants to grow on your property.
Selling or sharing is charged separately as dealing under IC 35-48-4-10. Dealing starts as a Class A misdemeanor and becomes a Level 6 felony at 30 grams or more, and a Level 5 felony at 10 pounds or more or for a sale to a minor. A transfer counts as delivery even if no money changes hands.
First-time offenders who plead guilty to possession may qualify for a conditional discharge under IC 35-48-4-12. If the person completes the court’s conditions, the charge is dismissed without a conviction.
Medical Marijuana and CBD in Indiana
Indiana has no medical marijuana program, and a doctor’s recommendation is not a legal defense to possession. Medical cards from other states are not recognized.
What is legal is “low THC hemp extract,” a hemp-derived product such as CBD oil with no more than 0.3% delta-9 THC. Indiana allowed these products after the 2018 federal Farm Bill and are sold under IC 24-4-22. FDA-approved cannabinoid drugs are also legal with a prescription.
Delta-8, THCA and Hemp THC Products
Indiana’s position on intoxicating hemp products is contested. In January 2023, Attorney General Todd Rokita issued an advisory opinion concluding that delta-8 THC does not fit the state’s exceptions for hemp or low THC hemp extract and is therefore a Schedule I substance, as Indiana Public Media reported. The opinion left charging decisions to prosecutors, and hemp companies sued in federal court in June 2023. Products are still sold in many stores, and enforcement varies by county.
In 2026, Senate Bill 250 would have aligned Indiana’s hemp definition with federal law and barred sales of hemp THC products to people under 21. It passed the Senate and a House committee, but it was never called for a House vote and died when the session ended. Indiana still has no statewide 21-plus age limit for these products.
Federal law will change the picture anyway:
- November 12, 2026: The federal hemp redefinition in H.R. 5371 removes products with cannabinoids the plant cannot naturally produce, such as THC-O, from the definition of hemp. HHC may also be affected.
- December 11, 2026: The exclusion of converted cannabinoids such as delta-8 made from CBD, a total-THC standard and a cap of 0.4 mg total THC per container take effect for products with naturally occurring cannabinoids, after H.R. 6500 delayed them. THCA counts toward total THC.
Driving and Cannabis in Indiana
Under IC 9-30-5-1, operating a vehicle with a Schedule I or II controlled substance or its metabolite in the blood is a Class C misdemeanor, even without proof of impairment. Since 2021, the statute has given a defense for marijuana: it applies if the substance was marijuana or a marijuana metabolite, the driver was not intoxicated, the driver did not cause a crash and the substance was identified by a chemical test under IC 9-30-7. A medical card from another state is not a valid prescription. Driving while actually impaired can be charged as operating while intoxicated.
Crossing State Lines and Federal Land
Cannabis bought legally in Michigan, Illinois or Ohio becomes illegal possession the moment it enters Indiana, and carrying it across a state line also violates federal law. TSA refers cannabis found at airport screening to police, and cannabis is illegal on federal land such as the Hoosier National Forest and Indiana Dunes National Park. For the Ohio rules, see our Ohio marijuana laws guide.
What Changed in Indiana Cannabis Law Recently
- Hemp THC (2026): SB 250, which would have adopted the federal hemp definition and set a 21-plus age limit, died at the end of the session on February 27, 2026.
- Marijuana bills (2026): No legalization, decriminalization or medical bill passed.
- Federal rescheduling (2026): In April 2026 the Justice Department moved state-licensed medical marijuana and FDA-approved products to Schedule III. Neither change affects Indiana’s own law.
From the editor, James Buddsey: Indiana readers often assume that because Michigan and Illinois are a short drive away, a small amount in the car is a minor issue. It is not. Indiana treats a single gram as a crime, and a prior drug conviction raises the stakes fast. The hemp shelf is also less settled than it looks.
Indiana Marijuana Laws FAQ
Is weed legal in Indiana?
No. Marijuana is illegal for recreational and medical use in Indiana. Possessing any amount is at least a Class B misdemeanor under IC 35-48-4-11.
What is the penalty for possession of marijuana in Indiana?
A first offense is a Class B misdemeanor with up to 180 days in jail and a $1,000 fine. A prior drug conviction raises it to a Class A misdemeanor, or a Level 6 felony if the amount is 30 grams or more.
Does Indiana have medical marijuana?
No. Indiana has no medical marijuana program and does not honor out-of-state medical cards. Low THC hemp extract, such as CBD oil with 0.3% delta-9 THC or less, is legal.
Is CBD legal in Indiana?
Yes. Hemp-derived CBD products with no more than 0.3% delta-9 THC are legal to buy and possess.
Is delta-8 legal in Indiana?
It is disputed. The attorney general said in 2023 that delta-8 is a Schedule I substance, but no law settles the question and products are widely sold. Federal rules ban converted cannabinoids such as delta-8 made from CBD starting December 11, 2026.
Can you grow marijuana in Indiana?
No. Growing any number of plants carries the same penalties as possession, and larger grows can be charged as dealing.
Can I bring weed from Michigan or Illinois into Indiana?
No. Legal purchases in another state become illegal possession in Indiana, and crossing a state line with cannabis violates federal law.
More Cannabis Law Guides
Compare Indiana with every other state in our state cannabis law guides, read the latest on federal marijuana law, or see the rules next door in Ohio.
Neighboring state guides: Michigan · Ohio · Kentucky · Illinois · All state cannabis laws
General information about Indiana cannabis law as of October 2026, not legal advice.