Indiana Cannabis Laws

Indiana Cannabis Laws: Marijuana Prohibition, CBD, Hemp, and Legal Changes Over Time

Updated October 11, 2026.

Recreational and medical marijuana remain illegal in Indiana. The state has not established a medical marijuana patient registry or licensed marijuana dispensary system. Its cannabis-related reforms have instead focused on limited cannabidiol access, low-THC hemp extracts, and licensed agricultural hemp.

These categories have different rules. A compliant CBD product is not legally interchangeable with marijuana flower, a THC concentrate, or smokable hemp. Indiana’s history shows why product composition, form, and the status of a proposed law all matter.

Indiana Cannabis Laws at a Glance

Sources: marijuana possession statute, low-THC hemp extract definition, and Indiana’s hemp program.

The History of Cannabis Laws in Indiana

The Criminal Prohibition Framework

Indiana’s modern cannabis restrictions developed within its controlled-substances laws. The marijuana possession provision was added in 1976 and has been amended repeatedly. Related provisions address dealing, manufacturing, and other conduct.

Later hemp exceptions narrowed particular definitions without creating general permission for marijuana use. Indiana’s legal history is therefore best understood as a continuing prohibition framework with specific exceptions.

2017: A Narrow CBD Exception for Epilepsy

House Enrolled Act 1148 established a limited cannabidiol exception for patients and caregivers dealing with juvenile or adult treatment-resistant epilepsy. It was an early medical-access measure, but it did not authorize a broad medical marijuana industry.

The narrow scope led to questions about CBD products sold outside that pathway. A November 2017 attorney general opinion discussed the exception and the treatment of other cannabidiol products under the law then in effect. See the historical CBD opinion.

2018: Broader Access to Low-THC Hemp Extracts

Senate Enrolled Act 52 replaced the earlier cannabidiol registry framework with broader rules for qualifying low-THC hemp extracts. It allowed access without requiring the earlier epilepsy registration.

The legislation also established testing and packaging requirements. Its exception depended on a compliant product, including the THC ceiling and absence of other controlled substances. It did not legalize ordinary marijuana. See the enacted measure and legislative history.

2019: Commercial Hemp Production and Smokable-Hemp Restrictions

Following the federal 2018 Farm Bill, Indiana enacted Senate Enrolled Act 516 in 2019. The law established a framework for commercial hemp production while criminalizing specified activities involving smokable hemp.

That combination is important: agricultural legalization did not make every hemp product legal for consumers. Indiana maintained separate rules for growing a compliant crop, processing hemp, distributing extracts, and possessing products intended for smoking.

Source: Indiana’s account of the 2019 law and subsequent litigation.

2020: Interstate Hemp Transit Is Addressed

Indiana amended its smokable-hemp law to clarify an exception for shipments from a licensed producer in another state that remain in continuous transit through Indiana to a licensed handler.

This transportation exception does not create general permission to purchase, possess, or sell smokable hemp within Indiana. See Indiana Code Section 35-48-4-10.1.

2023: The Attorney General Addresses Delta-8 THC

Attorney General Todd Rokita issued Official Opinion 2023-1 concerning THC variants. The opinion concluded that delta-8 THC and certain related substances fall within Indiana’s controlled-substances restrictions rather than the statutory hemp exceptions.

An attorney general opinion states an official legal interpretation; it is not itself a new legalization or prohibition statute. The distinction matters when evaluating products marketed as hemp-derived. See Official Opinion 2023-1.

2026: Reform Proposals Do Not Establish Legal Marijuana Access

Lawmakers again introduced cannabis proposals, including House Bill 1191 on decriminalization and Senate Bill 286 on cannabis regulation. These proposals did not establish a legal recreational or medical marijuana market.

Senate Bill 250, a separate hemp-regulation measure, passed the Senate but failed to advance through the House before the relevant deadline. Its proposed restrictions should not be described as enacted law.

Sources: HB 1191, SB 286, and reporting on SB 250’s failure to advance.

Marijuana Possession Penalties

Simple possession is generally a Class B misdemeanor. A prior drug conviction can increase the offense to a Class A misdemeanor. Knowingly possessing marijuana disguised as low-THC hemp extract can also trigger the Class A provision.

The offense becomes a Level 6 felony when the person has a qualifying prior drug conviction and possesses at least 30 grams of marijuana, or at least 5 grams of hash oil or hashish. The prior-conviction requirement matters: the 30-gram threshold alone does not automatically produce that felony enhancement.

Source: Section 35-48-4-11.

A Class B misdemeanor carries up to 180 days of imprisonment and a $1,000 fine. A Class A misdemeanor carries up to one year and a $5,000 fine. Actual case outcomes depend on the charge, facts, sentencing rules, and available alternatives.

Sources: Class B sentencing and Class A sentencing.

Cultivation, Selling, and Distribution

Indiana provides no personal marijuana growing allowance. Its possession law expressly covers growing marijuana and knowingly failing to destroy marijuana plants on one’s premises.

Manufacturing, delivery, and possession with intent to deliver can fall under a separate dealing statute. Quantity, criminal history, and other circumstances affect the offense level. Giving marijuana away can implicate delivery rules even when no money changes hands. See the marijuana dealing statute.

CBD and Low-THC Hemp Extract Requirements

Indiana defines low-THC hemp extract through specific requirements. The substance must derive from qualifying hemp, contain no more than 0.3 percent total delta-9 THC, including precursors, by weight, and contain no other controlled substances.

The definition excludes smokable hemp and the harvested reproductive organ of the female hemp plant. Consumers should therefore distinguish qualifying extracts from hemp flower. See the current extract definition.

Distribution also involves an independent laboratory certificate of analysis and packaging disclosures. Required information includes batch identification and a scannable link to testing information. A “CBD” label alone does not demonstrate compliance.

Sources: certificate-of-analysis requirements and packaging requirements.

Agricultural Hemp and Smokable Hemp

The Office of the Indiana State Chemist licenses agricultural hemp growers, handlers, and seed producers. Indiana’s USDA-approved hemp plan governs commercial production and processing. This is a regulated agricultural program, not permission to grow marijuana at home.

Consult ISDA’s hemp page and the State Chemist’s hemp resources for current requirements.

Indiana’s separate smokable-hemp statute covers knowing possession, manufacturing, and delivery, subject to its exceptions. It classifies prohibited conduct as a Class A misdemeanor. Low THC content does not, by itself, exempt a product from that provision.

Medical Cards and Purchases in Neighboring States

A medical marijuana card issued elsewhere does not create an Indiana possession exemption. Indiana has no marijuana reciprocity program through which visiting patients can obtain or possess dispensary marijuana.

Likewise, buying marijuana legally in Illinois, Michigan, Ohio, or another jurisdiction does not make possession legal after entering Indiana. A receipt, sealed package, or medical recommendation does not replace authorization under Indiana law.

First-Offense Alternatives Are Not Decriminalization

Indiana law permits conditional discharge in certain first-offense misdemeanor possession cases. With the person’s consent, a court may defer proceedings and impose conditions; successful completion can result in dismissal.

This is a case-specific court process rather than a statewide legal possession allowance. It should not be confused with automatic expungement or recreational legalization. See the conditional-discharge statute.

What Indiana’s Legal Changes Mean Today

Indiana has expanded access to compliant hemp extracts and created a licensed agricultural hemp industry while retaining marijuana prohibition. Those changes explain why CBD products may be available even though medical dispensaries and recreational marijuana stores are not authorized.

When evaluating a new announcement, distinguish a proposal from an enacted law and check the product category involved. Hemp production, extract sales, smokable hemp, and marijuana possession remain separate legal questions.

This article provides general legal information. Check current statutes and agency guidance for requirements affecting a specific situation.