Is weed legal in Indiana?
No. Adult, or recreational, cannabis use is illegal in Indiana and the state has no provision for medical marijuana use either. Hemp-derived CBD oil with less than 0.3% THC is the only form of cannabis that’s permitted.
Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000. Possession of more or subsequent offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.
In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger helped pass the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana adopted some of the strictest cannabis laws in the United States.
Efforts to change legislation began in early 2013, though these efforts found little success. In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee.
In early 2015, bills were introduced both in the House (HB 1487) and Senate (SB 284) to legalize medical marijuana for certain qualifying conditions with a physician’s recommendation. The House Bill failed to advance, and the Senate bill died before receiving a hearing.
Four years later in April 2017, Gov. Eric Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures whose symptoms were resistant to traditional treatments. While HB 1148 legalized hemp-derived CBD, it didn’t specify a way for patients to purchase it.
The vagueness in HB 1148 made way for a new law that broadened access to CBD and specified regulations surrounding its sale. In March 2018, Holcomb signed SB 52 to allow the use and sale of CBD for any purpose, so long as it contained less than 0.3% THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 took effect July 1, 2018.