The possession and sale of any amount of marijuana is illegal in Indiana, and potential penalties vary by the amount possessed or sold.
Updated October 03, 2022
Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Indiana, marijuana is classified as a Schedule I substance, which includes drugs that have a high potential for abuse and no recognized medical value. (Ind. Code Ann. § 35-48-2-4 (2022).) While not covered in this article, it is also a crime to drive under the influence of marijuana in Indiana.
Is Recreational or Medical Marijuana Legal in Indiana?
No. Indiana is one of the few states where marijuana remains an illegal controlled substance for all purposes. Neither recreational nor medicinal use is allowed.
Products containing low THC hemp extract are excluded from the definition of a controlled substance, making these products legal. Low THC hemp must contain no more than .3% delta-9 tetrahydrocannabinol.
What Are the Penalties for Possessing Marijuana in Indiana?
The penalties for knowingly or intentionally possessing marijuana or hashish start at a class B misdemeanor and increase from there. Someone who cultivates marijuana plants (or fails to destroy marijuana plants that the person knows are growing on the person's property) is also in violation of the possession law.
Penalties for First-Time Marijuana Possession
A first violation is a class B misdemeanor, punishable by up to 180 days in jail, a fine of up to $1,000, or both.
Penalties for Repeat Marijuana Possession Offenses
A defendant who has a prior drug conviction and possesses less than 30 grams (or less than 5 grams of hashish) commits a class A misdemeanor, punishable by up to a year in jail, a fine of up to $5,000, or both. If the offense involves possession of 30 grams or more (or 5 grams or more of hashish), the penalty increases to a Level 6 felony, punishable by between six months in jail and 2 ½ years in prison, a fine of up to $10,000, or both.
(Ind. Code Ann. § 35-48-4-11 (2022).)
What Are the Penalties for Selling, Distributing, or Manufacturing Marijuana in Indiana?
It is illegal to manufacture, distribute, or sell marijuana or hashish. It's also a crime to possess marijuana or hashish with the intent to sell or distribute it. Penalties vary according to the amount manufactured or distributed.
- Up to 30 grams (or up to 5 grams of hashish). A violation is a class A misdemeanor, punishable by up to one year in jail, a fine of up to $5,000, or both. Subsequent violations are Level 6 felonies, punishable by between six months in jail and 2 ½ years in prison, a fine of up to $10,000, or both.
- Between 30 grams and 10 pounds (or between 5 and 300 grams of hashish). A violation is a Level 6 felony, punishable by between six months in jail and two and one-half years in prison, a fine of up to $10,000, or both. Subsequent violations are Level 5 felonies, punishable by between one and six years in prison, a fine of up to $10,000, or both.
- Ten pounds or more (or 300 grams or more of hashish). A violation is a Level 5 felony, punishable by between one and six years in prison, a fine of up to $10,000, or both.
- Sale to a minor. A violation is a Level 5 felony, punishable by between one and six years in prison, a fine of up to $10,000, or both.
(Ind. Code Ann. § 35-48-4-10 (2022).)
What Are the Penalties for Possessing, Making, or Selling Drug Paraphernalia in Indiana?
It's also illegal in Indiana to possess, make, or sell drug paraphernalia. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation, but they don't apply when the paraphernalia is marketed and sold for legal purposes, such as cultivating, processing, or using tobacco. (Ind. Code Ann. § 35-48-4-8.5 (2022).)
Penalties for Possession of Marijuana Paraphernalia
Knowingly possessing marijuana paraphernalia is a class C misdemeanor, punishable by up to 60 days in jail, a fine of up to $500, or both. However, subsequent paraphernalia possession convictions are class A misdemeanors, punishable by up to one year in prison, a fine of up to $5,000, or both. (Ind. Code Ann. § 35-48-4-8.3 (2022).)
Penalties for Manufacturing Marijuana Paraphernalia
Someone who manufactures paraphernalia is guilty of a civil infraction, punishable with a fine, but no jail time. The amount of the fine will vary according to the county in which the infraction occurred. However, a second or subsequent violation is a Level 6 felony, punishable by between six months and 2 ½ years in prison, a fine of up to $10,000, or both. (Ind. Code Ann. § 35-48-4-8.1 (2022).)
Penalties for Selling Marijuana Paraphernalia
Selling paraphernalia is a civil infraction, unless the seller knowingly or intentionally violates this law (or violates the law when the seller should have known that the seller's conduct was illegal), in which case, it is a class A misdemeanor. Civil infractions subject the violator to a fine, but no jail time. The amount of the fine will vary according to the county in which the infraction occurred. A class A misdemeanor carries penalties of up to one year in jail, a fine of up to $5,000, or both. However, subsequent paraphernalia possession convictions are Level 6 felonies, punishable with between six months and 2 ½ years in prison, a fine of up to $10,000, or both. (Ind. Code Ann. § 35-48-4-8.5 (2022).)
What Is a Controlled Substance Stamp Tax in Indiana?
A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed).
In Indiana, those who possess, deliver, or manufacture marijuana are required to pay a stamp tax and place the stamp (proof of payment) onto the controlled substance. However, because the possession of marijuana is illegal, most people aren't exactly in the habit of paying their stamp tax obligations. But upon a conviction for illegal possession of marijuana, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (Ind. Code Ann. § 6-7-3-6 (2022).)
Get Legal Help
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, the law can change at any time. Only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
