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. While not covered in this article, it is also a crime to drive under the influence of marijuana in Indiana.

For information about charges and penalties for driving under the influence of marijuana in Indiana, see Driving Under the Influence of Marijuana in Indiana.

Marijuana Possession

It is illegal to knowingly or intentionally posses marijuana in Indiana. 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 vary according to the amount possessed. (35 In. Ann. Code § 35-48-4-11.)

• Up to 30 grams (including possession for personal use). A violation is a class A misdemeanor, punishable with up to one year in jail, a fine of up to $5,000, or both.
• More than 30 grams, or prior convictions. Possessing more than 30 grams of marijuana, or a second or subsequent possession conviction (regardless of the amount possessed), is a class D felony. Punishments include between six months in jail and three years in prison, a fine of up to $10,000, or both.

Manufacture and Distribution

It is illegal to manufacture or distribute marijuana (or possess marijuana with the intent to do so) in Indiana. Penalties vary according to the amount manufactured or distributed. (35 In. Ann. Code § 35-48-4-10.)

• Up to 30 grams. A violation is a class A misdemeanor, punishable with up to one year in jail, a fine of up to $5,000, or both.
• Between 30 grams and ten pounds. A violation is a class D felony, punishable with between six months in jail and three years in prison, a fine of up to $10,000, or both.
• More than ten pounds. A violation is a class D felony, punishable with between two and eight years in prison, a fine of up to $10,000, or both.

Second and subsequent convictions. A violation is a class D felony, punishable with between six months in jail and three years in prison, a fine of up to $10,000, or both.

Sale to a minor. A violation is a class three felony, punishable with between six months in jail and three years in prison, a fine of up to $10,000, or both.

Sale within a school zone. A violation is a class two felony, punishable with between two and eight years in prison, a fine of up to $10,000, or both.

Drug Paraphernalia

It is illegal in Illinois 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 don't apply when the paraphernalia is marketed and sold for legal purposes, such as cultivating, processing, or using tobacco. (35 In. Ann. Code § 35-48-4-8.5.)

Paraphernalia Possession

A violation is a civil infraction, unless committed knowingly or intentionally (or when the violator should have known that the action was illegal), in which case, it is 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 misdemeanor carries penalties of up to six months in jail, a fine of up to $10,000, or both. However, subsequent paraphernalia possession convictions are felonies, punishable with between six months and three years in prison, a fine of up to $10,000, or both. (35 In. Ann. Code § 35-48-4-8.3.)

Manufacturing Paraphernalia

Someone who manufactures paraphernalia is guilty 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, knowingly or intentionally violating the law against manufacturing paraphernalia, or a second or subsequent violation, is a felony, punishable with between six months and three years in prison, a fine of up to $10,000, or both. (35 In. Ann. Code § 35-4-8.1.)

Selling 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 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 misdemeanor carries penalties of up to six months in jail, a fine of up to $10,000, or both. However, subsequent paraphernalia possession convictions are felonies, punishable with between six months and three years in prison, a fine of up to $10,000, or both.

Does Indiana Allow Medical Marijuana Use?

No. All marijuana possession, manufacture, sales, and use is criminalized in Indiana.

Does Indiana Impose a Stamp Tax on Marijuana?

Yes. 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). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Indiana, those who buy, transport, or import marijuana into Indiana are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (6 In. Ann. Code § 6-7-3-6.)

The Value of Local Legal Representation

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, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

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