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Indiana

Cannabis laws & medical marijuana program in Indiana

Medical only
$0/yr
STATE FEE
14–60 d
TIMELINE
2
CONDITIONS
18
MIN AGE

By Laura H. Meyer

MEDICAL

Legal
Since 2017

PROGRAM

Program
Indiana CBD Authorization (Industrial Hemp / Low-THC)
Year legalized
2017
Reciprocity
✗ No

LIMITS

Possession
CBD products with ≤0.3% THC; possession only
Cultivation
✗ Not allowed

COST & TIMELINE

State fee
$0 /yr
Physician fee
$150–$350 (typical)
Timeline
14–60 days

ELIGIBILITY

Out-of-state eligible
✗ No

RECREATIONAL

Not legal
Min age 18
Adult-use cannabis is not legal in Indiana. Possession remains a criminal offense — see Sources below for the current penalty schedule.

HEMP

Conditional

STATUS

CBD
Legal
Delta-8 THC
Unclear
Delta-10 THC
Unclear
THCa
Unclear

RULES

Retail rules
Indiana aligns with the 2018 Federal Farm Bill on industrial hemp (0.3% delta-9 THC by dry weight) under IC 15-15-13. Intoxicating hemp-derived cannabinoids (delta-8, delta-10, THC-O, HHC) are widely retailed; no comprehensive state regulatory framework has been enacted. The Indiana Attorney General issued advisory opinion 2023-001 stating that delta-8 THC produced from CBD by isomerization may meet the controlled-substance definition; enforcement has been uneven.
Notes
SB 478 (2024) and HB 1390 (2025) — both proposing to regulate intoxicating-hemp products with a 21+ age floor and licensing — advanced through committee without floor passage. The 2026 session is expected to consider similar legislation.

Qualifying conditions

How to register as a patient in Indiana

  1. Confirm a qualifying intractable epilepsy diagnosis. Indiana operates a narrow low-THC CBD authorization under IC 35-48-3-7.2 (the "Industrial Hemp / Low-THC CBD Act" enacted 2017). The authorization covers only treatment-resistant epilepsy. A patient or the patient’s caregiver registers with the Indiana State Department of Health after a physician confirms the diagnosis of intractable epilepsy.
  2. Register with the Indiana State Department of Health. The Indiana State Department of Health (ISDH) maintains a Therapeutic Hemp Extract registry. Patients submit a registration form and a copy of the physician’s diagnostic statement. There is no online portal; registration is handled by mail to ISDH.
  3. No state registration fee. Indiana does not charge a state registration fee under IC 35-48-3-7.2. The patient bears only the costs of the physician evaluation and the cost of CBD product obtained through legal channels.
  4. Possess low-THC CBD (≤0.3% THC) obtained through legal channels. Registered patients may possess CBD products containing not more than 0.3% THC by weight (the federal hemp threshold) for treatment of intractable epilepsy. Indiana does not authorize an in-state medical cannabis dispensary network, in-state cultivation, or higher-THC products. Indiana does not honor out-of-state medical cards. Adult-use cannabis remains illegal in Indiana.
State registration fee
$0
Physician visit (typical)
$150–$350
Certification to card
14–60 days
Out-of-state patients
Not eligible
Minors
Eligible with caregiver

Hemp sources: Indiana Code 15-15-13: Industrial Hemp; Indiana State Department of Agriculture — Hemp Program

For product-specific guides, see all hemp products.

Overview

Indiana does not have a comprehensive medical cannabis program and prohibits adult-use cannabis statewide. The state authorized CBD oil with no more than 0.3% THC in 2017 for patients with intractable seizures, and broadened the authorization in 2018 to permit CBD products "for any purpose" subject to testing and labeling requirements.

Indiana cannabis-reform bills have died in committee every legislative session since 2018. 2026 bills SB 0286 and HB 1191 continued the pattern.

CBD authorization

  • Statute: Indiana Senate Bill 52 (2018) and predecessor 2017 legislation.
  • THC cap: 0.3% by weight (the federal hemp threshold).
  • Approved products: CBD oils, tinctures, capsules, topicals; smokable hemp flower remains in regulatory contention.
  • Registration: none. Indiana created no patient registry, dispensary license framework, or cultivation authorization.
  • Source of supply: retail purchase at general-merchandise stores, pharmacies, and dispensaries where state law permits.

Recreational status

Recreational cannabis remains illegal statewide. Possession penalties under Indiana Code 35-48-4-11:

  • Any amount (first offense): Class B misdemeanor. Up to 180 days jail, $1,000 fine.
  • Prior conviction or 30 g+ possession: Class A misdemeanor. Up to 1 year jail, $5,000 fine.
  • 10 lb+ delivery / cultivation: Level 5 felony. 1–6 years.

Municipal decriminalization

Marion County (Indianapolis). September 30, 2019 prosecutorial-discretion policy: county prosecutor declines to file charges for possession of 1 oz or less. This is a prosecutorial decision rather than a statutory change; state law remains unchanged.

Patients and caregivers

The CBD authorization is a product-possession framework rather than a patient/caregiver program. There is no registry ID card, no caregiver designation, and no minimum patient age in statute.

Because Indiana operates no medical-cannabis program, the state recognizes no patient or caregiver category. Indiana residents who hold a medical card from another state receive no legal protection at the Indiana border. Possession in Indiana remains a Class B misdemeanor on first offense regardless of out-of-state medical authorization.

Reciprocity and visiting patients

Indiana does not extend reciprocity to any out-of-state medical program. The full criminal-possession framework applies to visitors. Patients traveling from Illinois, Michigan, or Ohio should leave product at the state line. Federal interstate transport of cannabis remains a separate federal offense regardless of state-to-state legality.

Employment and workplace

Indiana provides no statutory employment protection for cannabis use. Employers may terminate workers for off-duty cannabis use detected through pre-employment, random, post-accident, or reasonable-suspicion drug testing. Indiana follows federal law for safety-sensitive positions (DOT-regulated transportation, federal contractors, healthcare positions covered by CMS rules).

The 2018 CBD authorization provides no employment-related protection. Employees with positive THC tests cannot raise the CBD-product defense without a corroborating physician statement and product documentation. Indiana courts have not recognized a "lawful off-duty activity" defense for cannabis or CBD.

Hemp-derived intoxicants

Indiana follows the federal 2018 Farm Bill definition of hemp (cannabis with 0.3% THC or less by dry weight). Retail availability of intoxicating hemp-derived cannabinoids (delta-8 THC, delta-10 THC, THC-O, HHC) expanded rapidly between 2021 and 2024. The Indiana General Assembly has considered restrictions in multiple sessions without enactment. Enforcement varies by jurisdiction. Indianapolis, South Bend, and Bloomington show lower enforcement intensity than rural counties.

Recent legislative history

Comprehensive medical-cannabis reform bills have been introduced and died in committee every Indiana legislative session since 2018. The pattern in 2025 and 2026:

  • 2025: Senate Bill 113 (medical cannabis) and House Bill 1043 (decriminalization of small amounts) died without committee hearings.
  • 2026: Senate Bill 0286 (medical cannabis) and House Bill 1191 (decriminalization) followed the same trajectory.

Senate leadership has publicly described federal Schedule III rescheduling as a prerequisite for state-level reform. The April 2026 federal Department of Justice order placing state-licensed medical-cannabis products into Schedule III did not produce an immediate Indiana legislative response.

Federal context

Federal jurisdiction layers additional exposure on highways, federal land, and tribal land within Indiana. Hoosier National Forest, Indiana Dunes National Park, and federal courthouses fall under federal cannabis prohibition regardless of any future state reform. Indiana State Police participate in federal drug-interdiction operations on I-65, I-69, I-70, I-74, and I-94.

Frequently asked questions

Is recreational marijuana legal in Indiana?

No. Adult-use cannabis remains illegal in Indiana. First-offense possession of any amount of cannabis is a Class B misdemeanor under Indiana Code 35-48-4-11 with up to 180 days in jail and a $1,000 fine. Possession with a prior cannabis conviction or possession of 30 grams or more is a Class A misdemeanor with up to one year in jail and a $5,000 fine. Delivery or cultivation of 10 pounds or more is a Level 5 felony punishable by 1 to 6 years in prison; trafficking quantities scale through Level 4 and Level 3 felony tiers. Marion County (Indianapolis) operates a prosecutorial-discretion policy declining to file charges for possession of one ounce or less within Marion County, but Indiana State Police and county sheriffs elsewhere enforce the full statute. Multiple reform bills have died in committee every session since 2018. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Does Indiana have a medical marijuana program?

No. Indiana does not have a comprehensive medical cannabis program. Senate Bill 52 of 2018 authorized CBD products with no more than 0.3% delta-9 THC (the federal 2018 Farm Bill hemp threshold) for any purpose subject to testing and labeling requirements, but the law does not authorize higher-THC cannabis for any medical use. There is no patient registry, dispensary license framework, or in-state cultivation authorization under SB 52. The Indiana State Department of Agriculture regulates hemp products under the Indiana Industrial Hemp Program. Multiple comprehensive medical-cannabis reform bills have died in committee every Indiana General Assembly session since 2018, and Governor Mike Braun has not publicly supported broader reform. Indiana has no citizen-initiated ballot process — any change must originate in the legislature. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

How can Indiana residents access CBD?

CBD products containing no more than 0.3% delta-9 THC by dry weight are available from general-merchandise stores, pharmacies, and licensed hemp retailers throughout Indiana under the Indiana Industrial Hemp Program regulated by the Indiana State Department of Agriculture (authorized by SB 52 of 2018 and aligned with the federal 2018 Farm Bill). Smokable hemp flower remains in regulatory contention — the Indiana Attorney General has taken enforcement positions disputing the legality of smokable hemp despite federal Farm Bill protection, and Indiana courts have ruled in opposing directions in different cases. Higher-THC cannabis products are not legally available for any purpose in Indiana, including for medical use, and possession remains prosecutable under Indiana Code 35-48-4-11 as a Class B or Class A misdemeanor depending on quantity. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Does Indiana accept out-of-state medical marijuana cards?

No. Indiana does not provide reciprocity for out-of-state medical cannabis cards under any state statute. Out-of-state cardholders have no legal protection from prosecution under Indiana Code 35-48-4-11 — possession of any amount of cannabis remains a Class B misdemeanor for first offense (up to 180 days in jail, $1,000 fine), regardless of whether the holder has a valid medical-cannabis card from another state. Indiana does not operate a comprehensive medical-cannabis program of its own and so has no registry to transfer into when a patient establishes Indiana residency. Marion County (Indianapolis) operates a prosecutorial-discretion policy declining to file charges for possession of one ounce or less within Marion County, but this is a prosecutorial decision and not a statutory change — Indiana State Police and county sheriffs elsewhere are not bound by it. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Can Indiana residents buy from Michigan dispensaries?

An Indiana resident 21 or older with a valid government ID may legally purchase cannabis from a Michigan adult-use dispensary while physically present in Michigan, because Michigan law does not impose a residency requirement. However, transporting that cannabis back across the Michigan-Indiana border violates both federal law (21 U.S.C. §841) and Indiana state law. Possession in Indiana of any amount is at minimum a Class B misdemeanor under Indiana Code 35-48-4-11, with up to 180 days in jail and a $1,000 fine on a first offense. Michigan's product packaging is recognizable and often serves as probable cause for an Indiana traffic-stop search. Indiana State Police actively patrol the I-94 and US-31 corridors leading from southwest Michigan. The lawful purchase in Michigan does not create any defense in Indiana state court. Informational only; not legal advice.

Is it legal to smoke pot in Indiana?

No. Recreational cannabis use is illegal statewide in Indiana under Indiana Code 35-48-4-11, regardless of whether consumption happens on private property or in public. Indiana provides no medical-cannabis exception — the state's Senate Bill 52 of 2018 authorizes only CBD products containing no more than 0.3 percent delta-9 THC, not higher-THC cannabis. First-offense simple possession is a Class B misdemeanor (up to 180 days in jail, $1,000 fine). Smoking in public adds public-consumption charges in some jurisdictions. Marion County (Indianapolis) operates a prosecutorial-discretion policy declining to file charges for possession of 1 ounce or less, but this is a prosecutorial decision, not a statutory change, and only applies within Marion County. Indiana State Police are not bound by county-level prosecutorial policies and may charge under state statute. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Can I smoke weed in my house in Indiana?

No, with extremely narrow exception. Recreational cannabis use is illegal in Indiana even on private property — the Class B misdemeanor under Indiana Code 35-48-4-11 applies regardless of where consumption happens. Indiana provides no medical-cannabis exception that would authorize in-home use; SB 52 of 2018 only covers CBD products below the federal 0.3 percent delta-9 THC threshold. Landlords and condominium associations may also independently prohibit cannabis smoking on their premises through lease terms. Marion County's prosecutorial-discretion policy may reduce the practical risk of charges for small-amount possession discovered in a private residence, but officers may still seize product and refer the case for charging at their discretion. Federally subsidized housing (HUD properties) prohibits cannabis possession entirely under federal regulation. Last reviewed 2026-05-18. Informational only — not medical or legal advice; consult a licensed Indiana attorney for individual situations.

Can you go to jail for weed in Indiana?

Yes. Indiana Code 35-48-4-11 makes cannabis possession a criminal offense at all quantities. First-offense possession of any amount is a Class B misdemeanor punishable by up to 180 days in jail and a $1,000 fine. Possession with a prior cannabis conviction, or possession of 30 grams or more, is a Class A misdemeanor punishable by up to one year in jail and a $5,000 fine. Delivery or cultivation of 10 pounds or more is a Level 5 felony punishable by 1 to 6 years in prison. Marion County's prosecutorial-discretion policy reduces practical arrest exposure for possession of 1 ounce or less within Indianapolis, but Indiana State Police, county sheriffs outside Marion County, and federal officers on interstate highways enforce the full statute. A conviction also affects driver's licensing in some circumstances. Informational only; not legal advice.

Are hemp products like delta-8 or THCA legal in Indiana?

Hemp-derived products containing no more than 0.3 percent delta-9 THC by dry weight are lawful in Indiana under the federal 2018 Farm Bill and the Indiana Industrial Hemp Program, regulated by the Indiana State Department of Agriculture. Retail availability of intoxicating hemp-derived cannabinoids — delta-8 THC, delta-10 THC, THC-O, HHC, THCA — expanded rapidly between 2021 and 2024 across Indianapolis, Bloomington, South Bend, and Fort Wayne. The Indiana General Assembly has considered restrictions in multiple sessions without enactment as of the 2026 session. Enforcement intensity varies by jurisdiction: urban centers show lower enforcement intensity than rural counties. Buying any product that lab-tests above the 0.3 percent threshold exposes the buyer to cannabis-possession penalties under Indiana Code 35-48-4-11 regardless of how the product was marketed at retail. Last reviewed 2026-05-18. Informational only — not medical or legal advice.

Sources

  1. Indiana Code 35-48-4-11: Possession of Marijuanaaccessed May 15, 2026
  2. NORML: Indiana Lawsaccessed May 15, 2026
  3. Wikipedia: Cannabis in Indianaaccessed May 15, 2026
  4. Indiana Code 35-48-4-11: Possession of marijuana (full text)accessed May 17, 2026
  5. Indiana State Department of Agriculture: Industrial Hemp Programaccessed May 17, 2026
  6. Indiana General Assembly bill trackeraccessed May 17, 2026
  7. Marion County (Indianapolis) Prosecutor — small-amount possession discretion policy (2019)accessed May 17, 2026