Indiana is known for its vast farmland, beautiful parks, and rich history. It is also known for being the birthplace of basketball, with the Naismith Memorial Basketball Hall of Fame located in the state’s capital, Indianapolis. Indiana’s nickname is the Hoosier State, and visitors come to the state to experience its many attractions, including the Indiana Dunes National Park, the Children’s Museum of Indianapolis, and the historic French Lick Resort. One thing you won’t find in Indiana is weed tourism. Here’s the lowdown on weed laws.
Is Weed Legal in Indiana? Straight to the point.
- Recreational THC: No
- Medical THC: No
- CBD: Yes
- Delta-8: Yes
Weed is Illegal in Indiana
Marijuana is not currently legal in Indiana for either medicinal or recreational purposes. Indiana has some of the strictest marijuana laws in the United States, and possessing any amount of marijuana is illegal and can result in criminal charges. However, neighboring states such as Illinois and Michigan have legalized marijuana for recreational use, so it’s essential to be aware of the laws if traveling across state lines. It’s always a good idea to research state weed laws when traveling. See below for more detailed information on the penalties regarding cannabis in Indiana.
Cannabinoid Variants
Cannabinoids are the active compounds found in hemp and marijuana. While all cannabinoids found in marijuana are heavily regulated at a federal and state level, there are varying laws surrounding the production, sale, and consumption of hemp-derived cannabinoids. Here is where Indiana stands.
Is CBD legal in Indiana?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. In Indiana, the purchase and use of CBD is legal.
Is Delta-8 legal in Indiana?
After the Farm Bill was passed at a federal level, Delta-8 and other hemp-derived cannabinoids were legalized in Indiana. Products that comply with the Farm Bill’s Delta-9 THC content limit of 0.3% or less are legal to distribute and consume in the Hoosier State.
Is Delta-10 legal in Indiana?
Delta-10 THC is legal in Indiana. Indiana’s state law aligns with federal law and has legalized all hemp products that contain an acceptable level of Delta 9-THC.
Are THC-O and other THC variants legal in Indiana?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Indiana?
HHC (Hexahydrocannabinol) and HHC-O (Hexahydrocannabinol acetate) are two new hemp-derived cannabinoids that are growing in popularity in Indiana. These cannabinoids are of particular interest to residents who are curious about their unique psychoactive properties. It’s worth noting that both HHC and HHC-O are legal in Indiana, and residents can find locations that sell products containing these cannabinoids.
Cultivation Laws
It’s important to know that cultivating marijuana in Indiana is not legal, and it can lead to some severe consequences. If you’re caught cultivating 2.5 pounds or more of marijuana, it’s considered a manufacture/distribution violation.If you want to learn more about the laws surrounding marijuana cultivation in Indiana, check out the FAQ section below for additional resources.
Where to Buy Weed in Indiana
Marijuana is illegal in Indiana, meaning there are no legal avenues for purchase. However, alternative hemp-derived cannabinoids are available to interested consumers.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Direct to Consumer
To recap, Delta-8, CBD, Delta-10 and HHC are all legal to purchase and consume in Indiana as long as they comply with federal and state laws. Consumers can purchase them directly and have them shipped from other states.
It’s important to note, however, that some online companies may sell more than just CBD or Delta-8, and since other marijuana products are not legal in Indiana, they may not be able to ship anything to your state. So, it’s always a good idea to check the company’s shipping policies before making a purchase.
Efforts to Legalize Weed in Indiana
In Indiana, legislation to legalize and control adult use of marijuana is still pending.
Adults would be able to buy up to an ounce of marijuana and/or eight grams of concentrate from a state-licensed dispensary under House Bill 1154. Additionally, it would allow people to grow up to six marijuana plants for personal use.
While Senator Tallian’s Senate Bill 87 would create the cannabis compliance commission to oversee all forms of legal cannabis in Indiana, Tallian’s Senate Bill 223 would eliminate penalties for the possession of up to two ounces of marijuana. Tallian has long supported reform.
Adults across the country are in favor of legalizing marijuana for recreational use, according to polling data so it’s not unlikely that Indiana will soon join the ranks of states with legal weed.
General FAQ
Where can you smoke weed in Indiana?
In Indiana, you may not smoke weed. You may not smoke it in your car, you may not smoke it in your home, you may not smoke it here nor there, you may not smoke it anywhere.
Can you smoke weed in public in Indiana?
No, it is illegal to smoke weed in public in Indiana. Indiana has not legalized recreational or medical marijuana, and the possession, sale, and use of marijuana are prohibited under state law. Violations of these laws can result in fines, imprisonment, and other penalties.
Punishment for Illegal Acts FAQ
What are the penalties for growing weed?
The penalties for growing weed in Indiana depend on the amount of marijuana being grown, the presence of any prior drug offense, and whether the sale is to a minor or not. The sale or cultivation of fewer than 30 grams of marijuana is a misdemeanor that can result in a maximum sentence of one-year imprisonment and a maximum fine of $5,000.
The sale or cultivation of 30 grams to less than 10 pounds of marijuana is a felony that can result in a maximum sentence of 2.5 years imprisonment and a maximum fine of $10,000. The sale or cultivation of 10 pounds or more of marijuana or sale to a minor is a felony that can result in a maximum sentence of 6 years imprisonment and a maximum fine of $10,000. If the person has a prior drug dealing offense, the penalties can be even more significant.
What are the penalties for selling, gifting, transporting, or importing weed?
Indiana law imposes various penalties for marijuana-related offenses, including possession, sale, and cultivation. Possession of any amount of marijuana is a misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000. Possession of more than 30 grams with a prior drug offense is a felony punishable by up to 2 1/2 years in prison and a fine of up to $10,000.
Sale or cultivation of fewer than 30 grams is a misdemeanor, while sale or cultivation of 10 pounds or more is a felony punishable by up to 6 years in prison and a fine of up to $10,000. The penalties for hash and concentrates are also outlined, with possession of 5 grams or more considered a felony.
What is the penalty for selling to a minor?
The penalty for selling to a minor is a felony charge, which carries a sentence of 1 to 6 years in prison and a fine of $10,000.
What is possession with the intent to sell?
In Indiana, possession with the intent to distribute marijuana refers to possessing more cannabis than what is considered reasonable for personal consumption, potentially exceeding legal limits. This offense is considered a felony and carries severe penalties. The punishment for possession with intent to distribute marijuana in Indiana can range from a minimum of six months to a maximum of 30 years in prison, depending on the amount and circumstances of the offense. Moreover, fines and other legal consequences may also apply.
What are the penalties for possession for personal use?
Possession is a crime if you possess more than the allotted legal limit or if you are suspected of intent to distribute.
