Indiana marijuana possession penalties under IC 35-48-4-11(a)(1) run on a three-step ladder. Possessing any amount of marijuana, hash oil, hashish, or salvia is a Class B misdemeanor, punishable by up to 180 days in jail and a $1,000 fine. A prior conviction for any drug offense bumps the charge to a Class A misdemeanor, carrying up to one year in jail and a $5,000 fine. The charge becomes a Level 6 felony, with six months to two and a half years in prison and fines up to $10,000, only when a prior drug conviction is combined with at least 30 grams of marijuana or at least 5 grams of hash oil, hashish, or salvia.1Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia
The Base Charge: Class B Misdemeanor
With no prior drug convictions, any quantity of marijuana, hash oil, hashish, or salvia is a Class B misdemeanor. One gram or twenty-nine, the classification is the same. The maximum exposure is 180 days in jail and a $1,000 fine.2Indiana General Assembly. Indiana Code 35-50-3-3 – Class B Misdemeanor
First-time offenders with small amounts rarely serve the maximum. Courts often impose probation, community service, or substance abuse counseling in place of jail time. A conviction still goes on your permanent record, however, and carries the collateral consequences described further down.
Enhanced Charge: Class A Misdemeanor With Any Prior Drug Conviction
A single prior conviction for any controlled substance offense moves the charge up to a Class A misdemeanor. The prior does not have to be marijuana-related. Previous convictions for methamphetamine, cocaine, or any other controlled substance all qualify.
A Class A misdemeanor carries up to one year in jail and a fine of up to $5,000.3Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor Amount still does not matter at this tier. A gram found in a pocket produces the same classification as 29 grams, provided the qualifying prior exists.
Felony Charge: Level 6 Felony
Two conditions must line up for the charge to become a Level 6 felony: a prior drug conviction and at least 30 grams of marijuana or at least 5 grams of hash oil, hashish, or salvia.1Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia A first-time offender caught with 30 grams stays at a Class B misdemeanor. A repeat offender holding 20 grams stays at a Class A misdemeanor. The felony requires both pieces together.
A Level 6 felony carries six months to two and a half years in prison, with an advisory sentence of one year serving as the judge’s starting point. Fines can reach $10,000.4Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor
How Weight Is Measured
Weight thresholds are measured by the whole product, not just the controlled substance inside it. The statute reaches the substance “pure or mixed with other materials,” so a 35-gram edible brownie that contains hash oil weighs 35 grams for charging purposes. Products with low concentrations can push someone over the felony threshold quickly, so the shape and form of what you’re carrying matter as much as what’s technically active in it.
What Counts as Possession
Possession doesn’t require the substance to be in your hand. Indiana recognizes both actual possession (on your body or in something you’re carrying) and constructive possession (somewhere you have the ability and intent to control, like a car console or a nightstand drawer). The statute also requires that you knowingly or intentionally possessed the substance, meaning prosecutors must show you were aware of what you had.
Proximity alone isn’t enough. If police find marijuana in a car with three passengers, the prosecution needs evidence tying a specific person to knowledge and control, not just the fact that someone was sitting nearby.
Avoiding or Reducing a Conviction
Conditional Discharge for First-Time Offenders
Under IC 35-48-4-12, a person with no prior controlled substance convictions who pleads guilty to misdemeanor possession of marijuana, hashish, or salvia can ask the court to defer judgment. Instead of entering a conviction, the court supervises the person under conditions such as drug testing, community service, or treatment. Complete every condition and the charge is dismissed, so no conviction appears on your record. Violate the conditions and the guilty plea is entered as a conviction.5Indiana General Assembly. Indiana Code Title 35 Criminal Law and Procedure 35-48-4-12 Conditional discharge is a one-time option in a person’s lifetime.
Pretrial Diversion
Many Indiana counties run separate pretrial diversion programs through the prosecutor’s office. Eligibility, requirements, and fees vary by county, and not every county offers diversion for drug charges. Successful completion ends in dismissal. The decision rests entirely with the prosecutor rather than the court.
Reducing a Level 6 Felony to a Misdemeanor
Indiana law lets a judge enter a Level 6 felony conviction as a Class A misdemeanor, either at sentencing or on a later petition.4Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony; Level 6 Felony; Judgment of Conviction Entered as a Misdemeanor A post-sentence reduction requires waiting at least three years after completing the sentence, with no subsequent felony convictions, no pending charges, and all fines, fees, and restitution paid. The court also has to confirm the offense did not involve bodily injury, which drug possession cases typically satisfy.
Consequences Beyond Jail and Fines
Immigration
Federal law makes any non-citizen convicted of a controlled substance offense deportable, with one narrow exception: a single offense involving possession of 30 grams or less of marijuana for personal use.6Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens That exception does not cover hash oil, hashish, or salvia, so a conviction involving any of those substances carries no safe harbor regardless of the amount.
On admissibility, any controlled substance conviction makes a non-citizen inadmissible. The Attorney General may waive inadmissibility for a single marijuana possession offense involving 30 grams or less, but the waiver is discretionary.7Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens Non-citizens facing any drug charge in Indiana should consult an immigration attorney before entering a plea.
Employment and Licensing
Drug convictions carry particular weight with employers in healthcare, education, transportation, and government. A felony-level conviction creates additional barriers, including potential disqualification from holding a commercial driver’s license and ineligibility for certain professional licenses.
Expungement
Indiana lets you petition to expunge a possession conviction once a waiting period runs. For a misdemeanor under this statute, the waiting period is at least five years from the date of conviction, with no pending charges, all fines and costs paid, and no convictions in the previous five years.8State of Indiana. Indiana Code 35-38-9 – Sealing and Expunging Conviction Records
For a Level 6 felony conviction, the wait grows to eight years from the date of conviction, with the same clean-record requirements. If the felony has already been reduced to a Class A misdemeanor, the shorter misdemeanor waiting period applies instead. That three-year difference is a large part of why pursuing a Level 6 reduction matters so much.