Regulation
Cannabis in Indiana: Laws, Legal Status, Recreational & Medical Use
Indiana has no adult-use or state medical marijuana program. Possession and cultivation remain criminal offenses, while compliant low-THC hemp extract and lawful prescription medicines are governed separately. Several 2026 proposals would have changed marijuana or hemp rules, but proposed limits should not be mistaken for enacted law.
Cannabis Legal Status in Indiana
| Category | Legal Status |
|---|---|
| Recreational Cannabis | Illegal |
| Medical Cannabis | Illegal |
| CBD | Conditional: compliant low-THC hemp extract |
| Home Cultivation | Illegal |
An out-of-state dispensary receipt or medical card does not create an Indiana marijuana exemption. Products sold as hemp must satisfy Indiana’s definition and the rules for their product category.
Recreational Cannabis Laws in Indiana
Legal Age Requirements
There is no legal age for recreational cannabis as it is prohibited for all individuals in Indiana.
Possession Limits
Indiana Code §35-48-4-11 makes knowing or intentional marijuana possession a Class B misdemeanor. The base offense is not restricted to amounts below 30 grams.
- Class A misdemeanor: a prior drug-offense conviction, or marijuana packaged to appear to be low-THC hemp extract when the person knew or reasonably should have known what it was.
- Level 6 felony: a prior drug-offense conviction together with at least 30 grams of marijuana, or at least five grams of hash oil, hashish or salvia.
A Class B misdemeanor carries up to 180 days in jail and a $1,000 fine. These thresholds describe offenses, not permitted possession amounts. Dealing has separate quantity rules.
Where Cannabis Can Be Purchased
Indiana has no licensed adult-use marijuana stores. Buying in a neighboring state does not authorize possession after returning to Indiana. Compliant hemp products and prescription drugs are separate from a marijuana retail market.
Public Consumption Laws
There is no lawful recreational marijuana consumption allowance. Separate public-intoxication charges require more than simply being intoxicated in public: the statute includes endangering someone’s life, breaching or imminently breaching the peace, or harassing, annoying or alarming another person.
Home Cultivation
There is no personal marijuana-growing allowance. Section 35-48-4-11 expressly covers growing or cultivating marijuana, with its misdemeanor base and specified enhancements. Manufacture and possession with intent to manufacture can also fall under the separate dealing statute. Growing is not automatically a felony under that provision.
Medical Cannabis in Indiana
Medical Cannabis Program
Indiana has no state medical marijuana registry or dispensary system. Lawfully prescribed, approved medicines follow a separate route; the absence of a marijuana program does not mean every cannabinoid medicine is prohibited.
Qualifying Conditions
There is no qualifying-condition list for an Indiana medical marijuana program. A diagnosis alone does not create a marijuana possession exemption. Patients should distinguish prescribed medicines from dispensary products and unapproved retail CBD products.
Patient Registration
Indiana does not issue medical marijuana patient cards. The 2026 legalization proposal discussed below did not establish a registry.
Medical vs Recreational Differences
Neither recreational use nor a medical recommendation creates a general Indiana marijuana allowance. Out-of-state medical cards do not establish an Indiana program exemption. Compliant hemp extract and lawful prescription medicines have separate requirements.
Is CBD Legal in Indiana?
Some hemp-derived CBD products qualify as lawful low-THC hemp extract. Under §35-48-1.1-27, the extract must come from qualifying hemp, contain no more than 0.3% total delta-9 THC, including precursors, by weight, and contain no other controlled substances. The definition excludes smokable hemp and the harvested female hemp reproductive organ.
Hemp-Derived CBD
Packaging requirements include a scannable barcode or QR code linking to batch information and a downloadable certificate of analysis. Packaging must also identify the batch, manufacturer, expiration date, extract amount and THC compliance, among other information. Check the actual batch report; a QR code by itself does not establish compliance.
Smokable hemp is separately prohibited: knowing possession, manufacture or delivery is a Class A misdemeanor. The statute’s narrow exception for licensed shipments in continuous transit through Indiana is not a consumer possession allowance.
Cannabis-Derived CBD
CBD’s name does not determine a product’s status. A marijuana-derived retail extract outside the low-THC hemp definition cannot rely on Indiana’s hemp exception. FDA-approved prescription cannabidiol is a distinct pharmaceutical product, not authorization for ordinary marijuana-derived retail CBD.
CBD Food and Beverage Laws
State hemp compliance does not override federal food law. The FDA says CBD and THC cannot lawfully be added to foods sold in interstate commerce or marketed as dietary supplements. Certain hemp-seed ingredients are a different category.
The article previously described new container caps and restrictions on sales to minors as established Indiana rules. The General Assembly’s 2026 bill listing marks hemp proposals SB 250, HB 1285 and HB 1346 as inactive; those proposals did not enact the claimed new regime.
Intoxicating hemp products also carry distinct enforcement concerns. The Attorney General’s 2023 opinion interprets Indiana law as controlling delta-8 and other THC variants. That opinion is not itself binding legislation. A March 2025 federal dismissal rested on standing, not a ruling that these products were lawful for retail sale.
Buying CBD in Indiana
The companies below offer hemp-product ranges. Availability online does not establish that every format or formulation can lawfully be sold or possessed in Indiana. Review the specific product’s batch analysis, total THC including precursors, labeling and shipping restrictions, and distinguish foods and smokable products from other formats.
1. CBDfx
CBDfx offers a range of hemp-derived CBD products including gummies, tinctures, capsules, vapes, and topical creams. The company produces both broad-spectrum and full-spectrum CBD formulations.
2. Foria
Foria develops plant-based CBD wellness products that combine hemp-derived CBD with botanical ingredients. The brand focuses on topical oils, wellness supplements, and specialized CBD formulations.
3. Vena CBD
Vena CBD produces a selection of CBD products designed for daily use, including gummies, tinctures, and capsules. Products are available in both full-spectrum and THC-free formulations.
4. Koi CBD
Koi CBD offers a variety of hemp-derived CBD products including tinctures, gummies, topicals, and vape products. The company publishes third-party lab reports for product transparency.
5. Extract Labs
Extract Labs produces hemp-derived CBD products including tinctures, gummies, capsules, and topical creams. The company focuses on small-batch manufacturing and clearly labeled cannabinoid content.
Where to Buy Cannabis in Indiana
Licensed Cannabis Dispensaries
There are no Indiana state-licensed marijuana dispensaries. A store advertising “legal weed” is not proof that its merchandise complies with hemp law. The product’s composition and format matter, including the separate smokable-hemp prohibition.
Online Ordering and Pickup
Indiana has no authorized marijuana ordering or pickup system. Online sellers and out-of-state stores cannot create an Indiana possession exemption. For hemp, verify the specific product’s compliance rather than assuming shipment to an Indiana address establishes legality.
Cannabis Taxes
There is no legal marijuana retail market with a dispensary tax structure. Indiana separately lists a Controlled Substance Excise Tax, including a $3.50-per-gram marijuana rate. Tax liability and criminal legality are separate; paying tax is not permission to possess or sell marijuana.
Cannabis Penalties and Restrictions
Under §35-48-4-10, dealing has a Class A misdemeanor base. At least 30 grams but less than ten pounds of marijuana generally elevates dealing to Level 6; at least ten pounds elevates it to Level 5. Hash oil, hashish and salvia use lower thresholds of five and 300 grams. Prior drug convictions, sales to minors and specified deceptive retail packaging can also increase the offense level. Below the statute’s largest quantity threshold, weight alone is insufficient to prove intent under its possession-with-intent provision.
Paraphernalia possession requires the specified intent to use the object for controlled-substance activities. Its ordinary offense is Class C, with up to 60 days and a $500 fine. A prior unrelated judgment or conviction under that section elevates it to Class A. The section excludes rolling papers and marketed drug-presence detection kits or strips.
Future Cannabis Legislation in Indiana
SB 286 proposed medical and adult-use legalization with a Cannabis Commission, but did not become law. HB 1191, proposing decriminalization for possession of two ounces or less, also did not pass. Neither proposal created a current possession allowance, patient registry or licensed market.
Frequently Asked Questions
Is cannabis legal in Indiana?
Indiana has no adult-use or state medical marijuana program. Compliant low-THC hemp extract and lawful prescription medicines are separate categories.
Can tourists buy cannabis in Indiana?
No. There are no legal dispensaries, and possession by out-of-state visitors is prosecuted the same as for residents.
Is CBD legal in Indiana?
Compliant low-THC hemp extract can be lawful, but source, total delta-9 THC including precursors, other controlled substances, packaging and product format all matter. A 0.3% label or QR code alone is insufficient.
Can you grow cannabis at home?
Indiana has no personal marijuana cultivation allowance. Growing is criminalized, with penalties depending on the offense and applicable enhancements.
Summary of Cannabis Laws in Indiana
Indiana’s marijuana prohibition remains in place. Possession and dealing have different enhancement rules, and a medical card from another state does not authorize possession. Low-THC hemp extract is a limited exception with composition and packaging requirements; smokable hemp and CBD foods raise separate legal issues. The unsuccessful 2026 proposals did not change Indiana’s marijuana or hemp laws.












