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Marijuana is illegal in Indiana for both medical and recreational purposes. Indiana is one of few states without an effective medical cannabis program and one of 19 states that still imposes jail time for simple possession. The only legal exception is low-THC CBD oil containing no more than 0.3% THC, which was legalized in 2018 for any purpose.

• Medical marijuana is illegal in Indiana with no state program.
• Recreational marijuana is illegal in Indiana.
• Possession of any amount is a Class B misdemeanor: up to 180 days in jail and up to $1,000 fine.
• Possession with prior drug offense is a Class A misdemeanor: up to 1 year in jail and up to $5,000 fine.
• Possession of 30 grams or more with prior drug conviction is a Level 6 felony: 6 months to 2.5 years imprisonment and up to $10,000 fine.
• CBD oil with less than 0.3% THC is legal to purchase, possess, and sell if it meets labeling and testing requirements.
• Smokable hemp is illegal in Indiana despite being legal federally.
• Home cultivation is strictly prohibited.
• Sale and distribution carry severe felony penalties.
• Governor signed law in May 2025 banning marijuana advertising.
• Marion County has local prosecutorial policy not to pursue simple possession cases under 1 ounce, but possession remains illegal statewide.

1913 – Marijuana Prohibited

• Indiana bans the sale of marijuana without a prescription.

2013 – Decriminalization Bill Fails

• Bill to decriminalize small amounts of marijuana possession is killed in committee.

2018 – Low-THC CBD Oil Legalized

• Governor Eric Holcomb signs Senate Bill 52, legalizing CBD oil with less than 0.3% THC for any purpose.

2019 – Marion County Policy Change

• Marion County prosecutor announces office will no longer prosecute most cases involving simple possession of less than 1 ounce.

2025 – Multiple Reform Bills Fail

• House Bills 1145, 1178, 1630, and 1654 for medical marijuana, decriminalization, and recreational legalization all fail to advance past committee.

2025 – Marijuana Advertising Ban Enacted

• State Governor signs law banning marijuana advertising in Indiana with fines up to $15,000 for violations.

Indiana does not have legal possession limits for marijuana because all marijuana possession is illegal.

• Possession of any amount of marijuana is illegal in Indiana.
• Possession of any amount (first offense) is a Class B misdemeanor: up to 180 days in jail and up to $1,000 fine.
• Possession with prior drug offense is a Class A misdemeanor: up to 1 year in jail and up to $5,000 fine.
• Possession of 30 grams or more with prior drug conviction is a Level 6 felony: 6 months to 2.5 years imprisonment and up to $10,000 fine.
• Cultivation and sale carry felony charges with severe penalties.
• There is no medical marijuana program, so no legal possession exists for patients.
• Transporting marijuana into Indiana from neighboring legal states remains illegal.