Is marijuana legal in Indiana?
No. As of 2026, marijuana (weed) is not legal in Indiana for recreational or medical use. The state has no medical marijuana program. Hemp-derived CBD with no more than 0.3% delta-9 THC is regulated as hemp, not as a patient cannabis program.
Status checked November 4, 2026
Contents
Marijuana laws in Indiana
Indiana has not legalized medical or adult-use marijuana. Possessing, growing or cultivating marijuana is a crime under Indiana Code §35-48-4-11. A first offense is generally a Class B misdemeanor. It becomes a Class A misdemeanor if the person has a prior drug conviction, or if the product is packaged to look like low-THC hemp extract. It is a Level 6 felony if the person has a prior drug conviction and possesses at least 30 grams of marijuana, or at least 5 grams of hash oil, hashish or salvia.
Indiana does not issue medical marijuana cards and has no patient dispensary system. Hemp and hemp-derived CBD are legal when they meet the state’s hemp definition, including no more than 0.3% delta-9 THC by dry weight. The Indiana Attorney General has treated delta-8 THC as a Schedule I controlled substance. A 2026 hemp bill, Senate Bill 250, did not become law.
Some cities have local citation policies for small amounts, but those do not repeal statewide criminal law. Driving under the influence of marijuana is illegal. Employers may keep drug-free workplace policies. Marijuana remains illegal under both Indiana and federal law. Indiana has no state medical marijuana license, so the 2026 federal Schedule III shift for state-licensed medical marijuana does not create a legal path here.
What the law says
Not legal
- A person who:
- knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia;
- knowingly or intentionally grows or cultivates marijuana; or
- knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants;
- commits possession of marijuana, hash oil, hashish, or salvia, a Class B misdemeanor, except as provided in subsections (b) through (c).
Quoted from Indiana Code §35-48-4-11.
How old do you have to be to use marijuana in Indiana?
There's no legal age to buy or use weed in Indiana, because marijuana is illegal at any age. The state has no medical marijuana card and no licensed dispensaries. Hemp-derived CBD that stays within the hemp THC limit is sold as a hemp product, not as legal marijuana.
How much marijuana can you have in Indiana?
No amount of marijuana is legal to have in Indiana. That's true at home and in your car. Knowingly possessing marijuana is a Class B misdemeanor, and growing it is treated the same way. A prior drug conviction, packaging that looks like low-THC hemp extract, or 30 grams or more with a prior drug conviction can raise the charge. Hemp CBD is not a possession defense if the product is actually marijuana.
Where can you buy marijuana in Indiana?
You can't legally buy weed anywhere in Indiana. There are no licensed medical or adult-use dispensaries. Products sold as hemp CBD must meet the hemp definition. Unlicensed marijuana sales are a crime. Some shops sell hemp-derived cannabinoids, including products advertised as delta-8 or THCA; those are not a legal marijuana market and may be treated as controlled substances.
Can you grow marijuana at home in Indiana?
No, you can't grow weed at home in Indiana. Knowingly growing or cultivating marijuana, or failing to destroy marijuana growing on your premises, is possession of marijuana under Indiana Code §35-48-4-11. There is no patient or caregiver exception, because Indiana has no medical marijuana program.
Where can you use marijuana in Indiana?
There's no legal place to smoke weed in Indiana. Recreational and medical marijuana are both illegal, so public and private use can lead to a possession charge if you have marijuana. Driving under the influence of marijuana is separately illegal.
How do you get a medical marijuana card in Indiana?
You can't get a medical marijuana card in Indiana, because the state doesn't issue one and has no medical cannabis patient program. Hemp-derived CBD with no more than 0.3% delta-9 THC is regulated as hemp, not as medical marijuana. That is why older descriptions of Indiana as a "CBD oil only" state do not mean there is a patient registry or dispensary system.
Can visitors buy or use marijuana in Indiana?
No. Out-of-state visitors can't buy marijuana in Indiana, and an out-of-state medical card is not a defense under Indiana law. Visitors who bring marijuana in from another state face the same possession penalties as residents. Crossing the state line with marijuana is also a federal offense.
What are the rules on driving and marijuana in Indiana?
No, you can't drive high in Indiana. Operating a vehicle while intoxicated can include impairment by marijuana or another drug, and possessing marijuana in the car is still a crime even if you are not the driver who appears impaired.
Can an employer in Indiana fire you for using marijuana?
Yes, you can get fired for using marijuana in Indiana. Marijuana use is illegal under state law, so it has no job protection at all, and employers may keep drug-free workplace policies, including pre-employment screening and random testing at work.
What are the penalties for breaking marijuana laws in Indiana?
In Indiana, marijuana possession is generally a Class B misdemeanor, which can mean up to 180 days in jail and a fine of up to $1,000. It is a Class A misdemeanor with a prior drug conviction or if the marijuana is packaged to look like low-THC hemp extract. It is a Level 6 felony if the person has a prior drug conviction and has at least 30 grams of marijuana or at least 5 grams of hash oil, hashish or salvia. Sale and delivery are separate, more serious offenses. Some cities issue local citations, but state law still applies.
Are CBD, hemp and delta-8 products legal in Indiana?
Hemp-derived CBD can be legal in Indiana when it meets the industrial hemp definition, including no more than 0.3% delta-9 THC by dry weight. Delta-8 is a higher-risk category: the Indiana Attorney General's 2023 opinion treats delta-8 and similar designer cannabinoids as Schedule I controlled substances. A 2026 bill that would have rewritten hemp-intoxicant rules, SB 250, did not pass. THCA products that are actually marijuana when tested can be prosecuted as marijuana. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Indiana?
Yes. Federal law still applies in Indiana, and marijuana is illegal under both federal and Indiana law. Federally, marijuana remains a Schedule I controlled substance. Since April 28, 2026, only marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III, and Indiana has no state medical marijuana license. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date.
Has the law in Indiana changed recently, or is it about to?
When will weed be legal in Indiana? No date is set, and Indiana has not created a medical or adult-use program. Senate Bill 250, a 2026 hemp bill, died in the House, so the state did not enact the broader hemp-intoxicant rewrite that bill proposed. Local citation policies still do not repeal statewide criminal penalties. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (6)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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