Is Weed Legal in Indiana? 2026 Rules, Penalties and CBD

Is weed legal in Indiana?

Weed is illegal in Indiana for adults and for general medical use, as of 2026-10-27. The state has no adult-use market and no medical marijuana program. Federal law also lists marijuana as a controlled substance, and a May 2026 Indiana Capital Chronicle report confirms state law is unchanged while regulators wait on federal action.

Next door, Ohio allows adult use, which is why the border question below comes up so often.

Can you go to jail for weed in Indiana?

Yes. Possessing any amount of marijuana in Indiana is a Class B misdemeanor with up to 180 days in jail and a $1,000 fine.

The offense is in IC 35-48-4-11. It covers knowingly or intentionally possessing marijuana, hash oil, hashish or salvia, and growing marijuana. A prior drug conviction or hemp-style packaging raises the charge. Each level, as of 2026-10-27:

Situation	Charge level	Jail	Fine
Any amount, no prior drug conviction, no hemp-style packaging	Class B misdemeanor	Up to 180 days	Up to $1,000
Prior drug conviction, below the felony amounts	Class A misdemeanor	Up to 1 year	Up to $5,000
Marijuana packaged to look like low-THC hemp extract, and you knew or should have known	Class A misdemeanor	Up to 1 year	Up to $5,000
Prior drug conviction and 30 g or more of marijuana (or 5 g or more of hash oil or hashish)	Level 6 felony	6 months to 2.5 years	Up to $10,000

The jail and fine ranges come from the general sentencing statutes: IC 35-50-3-3 for Class B, IC 35-50-3-2 for Class A and IC 35-50-2-7 for Level 6.

First-time offenders may qualify for conditional discharge, and a possession conviction can also bring a driver’s license suspension, per NORML. Charged with a felony or a repeat offense? Call an Indiana criminal defense lawyer before you talk to police.

Can I drive back from Michigan or Illinois with legal weed?

No. Weed bought legally in Michigan or Illinois is still illegal to possess in Indiana, so carrying it across the state line is a possession offense.

Keffer Hirschauer states that marijuana bought legally in another state becomes illegal once it crosses into Indiana, and that moving it across state lines can also be charged under federal law. Indiana borders both states, so this is a common arrest scenario.

A worked example shows how the amount decides the charge. One ounce is 28.35 grams, which is under the 30 gram line. Two ounces is 2 x 28.35 = 56.7 grams, which is over it.

• 1 ounce (28.35 g), no prior drug conviction: Class B misdemeanor.
• 1 ounce (28.35 g), prior drug conviction: Class A misdemeanor.
• 2 ounces (56.7 g), prior drug conviction: Level 6 felony.
• 2 ounces (56.7 g), no prior drug conviction: Class B misdemeanor, because the felony needs the prior.

The 30 gram threshold sits just above one ounce. A single ounce falls 1.65 grams below it (30 - 28.35), so a slightly heavier jar can change the charge for someone with a prior.

Driving adds a second risk. Under IC 9-30-5-1(c), driving with a Schedule I or II controlled substance or its metabolite in your blood is a Class C misdemeanor. A 2021 amendment added a marijuana defense that applies only if the driver was not intoxicated, caused no crash and the substance was identified through a chemical test taken under IC 9-30-7, the chapter on testing after crashes with serious injury or death. An officer who thinks you are impaired can still arrest you. Flying instead? See bringing weed on a plane.

Can I smoke weed in my house in Indiana?

No. Indiana has no home exception, and smoking at home still involves possessing marijuana, which is a crime.

The possession section covers any place. A tenant or owner who grows plants is also covered, since the same section bans growing or cultivating marijuana.

Is medical weed legal in Indiana?

Medical weed is not legal in Indiana, as of 2026-10-27. Indiana has no medical marijuana program, and bills to create one failed in 2015, per Wikipedia.

The state does have a narrow low-THC law. NORML describes it as allowing high-CBD, low-THC extracts when a physician recommends them for a patient with a qualifying condition. Wikipedia reports a 2017 law for CBD oil under 0.3% THC for uncontrollable seizures.

A patient from another state cannot use that state’s card in Indiana. The April 2026 federal move of some state-licensed medical marijuana to Schedule III does not change Indiana law; our guide to marijuana in Schedule III explains what moved.

Is weed decriminalized in Indiana?

No. Indiana has not decriminalized marijuana statewide. Possession is a criminal misdemeanor. For how that differs from legal, see decriminalized vs legal.

Marion County, which includes Indianapolis, said in 2019 that its prosecutor would stop prosecuting low-level possession. Wikipedia describes this as decriminalizing possession of 1 ounce or less from September 30, 2019. That is a prosecutor policy, not state law, and police in other counties and state police can still charge possession.

Is delta 8 legal in Indiana?

Delta-8’s status is disputed. Indiana’s attorney general reads existing controlled-substance law as prohibiting it (Official Opinion 2023-1), while industry groups dispute that reading, and the 2026 bill that tried to settle it failed.

Wikipedia reports that a 2022 bill to outlaw delta-8 died over concerns it would also ban CBD oil. Senate Bill 250 in 2026 would have aligned the state hemp definition with the federal change, set permits enforced by the Alcohol and Tobacco Commission and barred under-21 sales. It passed the Senate 35-13 on January 28, 2026, per the Indiana Capital Chronicle. It then missed the House second-reading deadline on February 23, and a last-minute attempt to revive its provisions failed.

The federal hemp definition changes on November 12 and December 11, 2026. November 12 covers specified cannabinoids that are not naturally produced by the plant, and December 11 covers most remaining changes, under section 781 of Public Law 119-37. Our hemp ban dates explainer shows what each date does.

Is THCA legal in Indiana?

Not as smokable flower. Meeting the federal hemp definition does not make THCA flower legal in Indiana, because the state separately prohibits smokable hemp.

Indiana’s definition of smokable hemp includes hemp bud and flower (IC 35-48-1.1-38), and knowing possession of it is a Class A misdemeanor under IC 35-48-4-10.1, subject to statutory exceptions. A product sold as hemp that exceeds the marijuana threshold can also be charged as marijuana. No Indiana statute names THCA.

The Indiana Capital Chronicle reported in January 2026 that the 2018 hemp definition let products with delta-8, THCA and other intoxicating cannabinoids spread in Indiana. Federal law counts THCA in the THC test from December 11, 2026. For the chemistry and the date, read THCA vs THC, or the national picture in is THCA legal.

Is CBD legal in Indiana?

CBD is legal in Indiana if it has no more than 0.3% THC and meets packaging rules. Keffer Hirschauer cites Senate Enrolled Act 52 of 2018.

Wikipedia reports that the March 2018 law allowed CBD use and sale for any purpose below 0.3% THC, with testing and labeling rules. NORML says such CBD is outside the state’s criminal definition of marijuana. Marijuana packaged to resemble low-THC hemp extract is a Class A misdemeanor when the person knew or should have known what it was, per the possession statute.

Will Indiana legalize weed in 2026 or 2027?

No bill has been enacted as of 2026-10-27. The next opening is the 2027 session, where Sen. Mike Bohacek plans to offer a medical marijuana bill.

The Indiana Capital Chronicle reported on May 12, 2026 that Bohacek is drafting a bill to legalize medical marijuana and update THC impairment law. This table lists what is law and what is only proposed.

Date	Event	Status
January 28, 2026	Senate Bill 250 (hemp and THC rules) passed the Senate 35-13	Passed Senate
February 23, 2026	Senate Bill 250 missed the House second-reading deadline	Failed
April 28, 2026	Federal Schedule III move for state-licensed medical marijuana	Federal, in force
May 2026	Indiana Board of Pharmacy discussed rescheduling and took no formal action	No state change
May 12, 2026	Sen. Bohacek reported drafting a medical marijuana bill	Proposed
November 12, 2026	Federal hemp definition change, part one	Pending
December 11, 2026	Federal hemp definition change, part two	Pending

We recheck this table when the 2027 bill is filed.