Legal Blog

Is Marijuana Legal in Indiana? Not So Fast

22 May 2021 | Drug Charges,  Marijuana,  

Attorney Sean Hessler

Written by
Sean Hessler

22 May 2021

Drug Charges,  Marijuana,  

featured blog image

As other states move forward with marijuana legalization, Indiana falls further behind.

Marijuana is definitely still illegal in Indiana. And it is one of only 14 states with no medical marijuana law and one of 19 that still puts people in jail for simple marijuana possession, according to the Marijuana Policy Project.

With that said, some products containing THC are now legal in Indiana.

Current Indiana Marijuana Laws

Indiana has some of the strictest marijuana laws in the U.S. Our state criminalizes many pot-related actions, from the possession of cannabis and medical marijuana to using CBD oil.


In Indiana, it is illegal to possess any amount of cannabis. A first offense with no aggravating factors is a misdemeanor.

If you have a prior offense and are accused of having less than 30 grams of pot, you still face a misdemeanor but with a harsher punishment. If you have a prior offense and get caught with more than 30 grams, that charge could be a felony.

Selling and growing marijuana are illegal in Indiana, too. The charges for these crimes are similar to that of possession. Selling or growing less than 30 grams is a misdemeanor. More than that is a felony. Also, selling any amount of pot to a minor is a felony.


Indiana’s laws around CBD oil and CBD products are a little more forgiving – but not by much.

Thanks to a 2018 state law, CBD products that contain less than 0.3% THC are legal to possess, make, and sell. But if the THC concentration is higher than 0.3%, you could be charged with a crime for possession, manufacturing, or sale of these products. THC is the active substance in marijuana.

Medical Marijuana

In effect, medical marijuana remains illegal in Indiana. State law only allows for CBD products with less than 0.3% THC for medicinal purposes. No other cannabis product is legal for medical use.

Marijuana Possession in Indiana

Indiana imposes strict penalties on those convicted of marijuana possession. Although it is somewhat rare, even a first offense involving a small amount could land you in jail.

The first time you are convicted of possessing any amount of marijuana, you could face:

  • 180 days in jail
  • A fine of up to $1,000

If you have a prior offense and accused of possessing less than 30 grams of marijuana, you might face:

  • One year in jail
  • A fine of up to $5,000

And if you are accused of having more than 30 grams of pot and have a past offense:

  • Six months to two-and-a-half years in prison
  • A fine of up to $10,000

If the offense was before 2014, the sentence and fine would look a little bit different.

Speak to a Marijuana Lawyer

As you can see, a marijuana charge could wreak havoc on your life. But a defense lawyer with experience in marijuana-related crimes can help you avoid that. An attorney can fight for you at all stages of the criminal process, from right after your arrest to your final day in court.

This could result in reduced penalties, pretrial options that preserve your record, or having improper evidence excluded altogether.

Facing Marijuana Charges? Call Hessler Law, PC

Charged with marijuana possession in Indiana? Discuss your case and options with a knowledgeable lawyer who’s passionate about helping people move past marijuana charges in Indiana. Contact an Indianapolis defense lawyer at Hessler Law, PC today.

Get your free consultation. Call (317) 886-8800 or contact us online today.