Is Marijuana Legal in Indiana?

Is Marijuana Legal in Indiana?

No, marijuana is not legal in Indiana as of 2025. Unlike some of our neighboring states, Indiana hasn't legalized cannabis for recreational or medical use. This creates plenty of confusion for Hoosiers, especially folks who travel between Indiana and states with different marijuana laws.

Our state maintains strict prohibition on all forms of cannabis containing more than 0.3% THC, whether you're using it to relax or for health reasons. According to Indiana's current cannabis laws, possession, growing, and selling remain criminal offenses that can land you in serious legal trouble.

Recreational Marijuana Laws

Here in Indiana, all recreational marijuana activities remain completely prohibited under state law. There are no exceptions for personal use, no matter how little you have. The possession, growing, selling, and distribution of cannabis are all criminal offenses that can result in jail time, fines, and a criminal record that follows you around.

It's crucial to understand that Indiana doesn't recognize any legal exemptions for adult recreational use that might exist across state lines. Even small amounts for personal use can get you criminal charges, and there are no legal dispensaries or sales points anywhere within our state borders.

Federal vs. Neighboring State Confusion

The patchwork of marijuana laws across the Midwest creates real headaches for many Hoosiers. While Illinois and Michigan have fully legalized recreational cannabis, and Ohio has a medical marijuana program, these laws stop at the state line once you drive back into Indiana.

Many folks around Indianapolis and especially in border counties mistakenly believe that buying marijuana legally in a neighboring state makes it okay to bring it back home to Indiana. This is false and potentially dangerous. Crossing state lines with any amount of marijuana violates Indiana law and could even constitute federal drug trafficking.

If you're facing possession charges in Indiana, understand that saying "I bought it legally in Illinois" won't help your case. Indiana law enforcement actively enforces cannabis prohibition, particularly in Lake County and other areas bordering states with legal markets.

State	Recreational Status	Medical Status	Possession Penalty (Small Amount)
Indiana	Illegal	Illegal	Up to 180 days jail, $1,000 fine
Illinois	Legal	Legal	No penalty for under 30g
Michigan	Legal	Legal	No penalty for under 2.5oz
Ohio	Illegal	Legal	Citation and fine for under 100g
Kentucky	Illegal	Limited medical only	Up to 45 days jail, $250 fine

What Are the Penalties?

Indiana imposes tough penalties for marijuana offenses, which vary based on how much you're caught with and whether there's evidence you intended to sell it. These penalties reflect our state's continued stance against cannabis legalization, with jail time still possible even for simple possession as of April 2025.

Understanding these penalties is important, as they can impact your freedom, job prospects, housing options, and more. Here's what you need to know about different marijuana offenses in Indiana.

Indiana maintains some of the strictest marijuana penalties in the Midwest region. While neighboring states have moved toward decriminalization or legalization, getting caught with pot in Indiana can still result in a permanent criminal record that affects your job prospects, housing applications, and educational opportunities for years to come.

Possession Under 30 Grams

Getting caught with less than 30 grams (about one ounce) of marijuana in Indiana is typically charged as a Class B misdemeanor. The penalties include:

• Up to 180 days in jail
• Fines up to $1,000
• A criminal record that follows you when applying for jobs or apartments

For first-time offenders with clean records, courts in Marion County and other areas sometimes offer diversion programs or conditional discharge options, though this varies significantly depending on where in Indiana you're charged and your specific circumstances.

Larger Amounts or Intent to Distribute

Having more than 30 grams of marijuana significantly increases how serious your charges become in Indiana:

Amount/Offense	Charge Level	Potential Penalties
30 grams to 10 pounds	Level 6 Felony	6 months to 2.5 years in prison; up to $10,000 in fines
Over 10 pounds	Level 5 Felony	1 to 6 years in prison; up to $10,000 in fines
Any amount with intent to distribute	Level 5 Felony or higher	1 to 6 years in prison; up to $10,000 in fines

If police find evidence suggesting you intended to sell or distribute (like packaging materials, scales, or large amounts of cash), you might face trafficking charges regardless of how much marijuana you actually had. Getting caught multiple times also increases the severity of charges and potential sentences.

Marijuana and Probation/Parole

If you're currently on probation or parole in Indiana, using marijuana—even in states where it's legal—can have serious consequences. The conditions of supervision typically prohibit all illegal drug use, and here in the Hoosier state, marijuana remains classified as an illegal substance.

This creates particular challenges for folks living in places like Hammond or Gary near the Illinois border, or those who travel to places where cannabis is legal. Regardless of changing laws elsewhere, Indiana courts and probation departments in all 92 counties maintain a zero-tolerance approach.

Can You Go Back to Jail for Failing a THC Test?

Yes, testing positive for THC while on probation or parole in Indiana can result in immediate consequences, including revocation and a trip back to jail or prison. This applies even if you consumed marijuana legally while visiting Michigan or Illinois where it's permitted.

Most probation and parole agreements include regular drug testing, and THC can remain detectable in your system for weeks after use—much longer than alcohol or many other substances. If you fail a drug test, you might face:

• Immediate detention or arrest
• Probation revocation hearings
• Extended probation terms with enhanced supervision
• Mandatory substance abuse evaluation and treatment
• Serving the remainder of your original sentence in jail or prison

If you're struggling with substance use issues, ask your attorney about diversion programs or treatment options that might be available instead of incarceration. Some counties around Indianapolis and Bloomington offer specialized programs for those who violate probation due to substance use issues.

Can You Use Medical Marijuana Here?

Indiana does not have a legal medical marijuana program as of 2025. Unlike many surrounding states, Indiana law doesn't recognize cannabis as medicine, regardless of your medical condition or whether you have a valid medical marijuana card from another state.

• Indiana has no approved medical marijuana program or patient registry
• Out-of-state medical marijuana cards aren't recognized when you're in Indiana
• Only FDA-approved cannabis-derived medications (like Epidiolex) are legal
• Low-THC CBD products (below 0.3% THC) are the only legal cannabis-derived options
• Possession of marijuana for medical purposes carries the same penalties as recreational use

This means that even if you have a legitimate medical need that might qualify for cannabis treatment across the border in Illinois or Michigan, using marijuana for medicinal purposes remains illegal throughout Indiana and can result in the same criminal penalties as recreational use.

The only cannabis-derived products legally available in Indiana are CBD products containing less than 0.3% THC, which are permitted under federal law through the 2018 Farm Bill. These low-THC products can be found in various stores from Fort Wayne to Evansville.

What About THC Vapes or Delta-8?

The legal status of alternative THC products like Delta-8 THC, THC vapes, and similar hemp-derived compounds exists in a complicated gray area here in Indiana. While Delta-8 THC products technically derived from hemp (containing less than 0.3% Delta-9 THC) have been sold around the state, their legal status remains questionable.

Law enforcement across different Indiana counties has taken varied approaches to these products, with some places pursuing criminal charges against sellers and users. The Indiana legislature and courts continue to address these newer products, and their legal status can change quickly.

For your safety and legal protection, talk to an attorney before purchasing or using any product marketed as a "legal" alternative to marijuana. What's being sold as legal today at shops around Indianapolis may result in criminal charges tomorrow as Indiana's laws and enforcement priorities evolve.

What Lawmakers Are Proposing

Despite maintaining prohibition, our state legislature has seen increasing discussion around potential marijuana policy reform in recent years. Several bills have been introduced in the Statehouse that would create various forms of legalization, from restricted medical programs to full recreational access.

The debate reflects broader national trends toward cannabis reform, though Indiana remains more conservative on this issue than many states. Both supporters and opponents of marijuana reform continue to make their cases at the capitol in Indianapolis.

Where Legalization Efforts Stand Today

House Bill 1630 represents the most comprehensive cannabis reform proposal in recent sessions, seeking to establish both medical and recreational marijuana markets under a new Cannabis Regulatory Agency. Despite growing public support—with recent polls showing most Hoosiers favor some form of legalization—the bill faces significant opposition in key legislative committees.

Previous reform attempts have consistently stalled in committee, though the number of lawmakers supporting at least medical marijuana has grown. The legislature has shown more willingness to discuss incremental changes rather than comprehensive legalization, with some representatives proposing decriminalization of small amounts as a first step.

For those concerned about substance abuse treatment funding in Indiana, it's worth noting that some reform proposals include revenue allocation similar to opioid settlement models that would direct cannabis tax revenue toward public health initiatives throughout the state.