Indiana Weed Laws: Penalties, Defenses, and Expungement

Marijuana is illegal in Indiana for every purpose, and Indiana’s marijuana laws treat even a first-time possession charge as a criminal offense that can put you in jail for up to 180 days. The state has no medical cannabis program, no recreational program, and no decriminalization statute. Penalties climb quickly based on how much marijuana is involved, whether you have a prior drug conviction, and whether the case involves selling, growing, or manufacturing.

Is Any Form of Marijuana Legal in Indiana

No. Marijuana is a Schedule I controlled substance under Indiana Code Title 35, Article 48, and the classification covers the plant along with hash oil, hashish, and salvia.¹ The only cannabis-related product the state has legalized is low-THC hemp extract containing no more than 0.3 percent delta-9-THC, made legal when Governor Eric Holcomb signed Senate Enrolled Act 52 in 2018. That law allows CBD oil meeting those criteria. It does not create a medical marijuana program and does not change any criminal penalty for marijuana itself.

Three of Indiana’s four neighboring states have legalized cannabis for adults 21 and older. Indiana has not, and reform bills introduced in the General Assembly over multiple sessions have failed to become law.

Possession Penalties by Amount and Prior Record

Possession penalties depend on two things: how much marijuana was found and whether you have a prior drug conviction. The same quantity can produce very different outcomes.

Any amount of marijuana is a Class B misdemeanor by default, punishable by up to 180 days in jail and a fine of up to $1,000.¹ There is no minimum quantity. A trace amount is enough to be arrested and charged.

The charge rises to a Class A misdemeanor in two situations: you have any prior drug conviction, or the marijuana was packaged to look like legal low-THC hemp extract and you knew or should have known what it actually was.¹ A Class A misdemeanor carries up to one year in jail and a fine of up to $5,000.²

Possession becomes a Level 6 felony only when two conditions are met together: you have a prior drug conviction and you possess at least 30 grams of marijuana, or at least 5 grams of hash oil, hashish, or salvia.¹ A Level 6 felony carries six months to two and a half years in prison, an advisory sentence of one year, and a possible fine of up to $10,000.³ Quantity alone does not create the felony. A first-time offender caught with 30 grams still faces a misdemeanor, not a felony.

Constructive Possession

Marijuana does not have to be on your person for a charge to stick. Indiana recognizes constructive possession, which applies when drugs are found in a space you had access to and control over, like your car, home, or a bag near you. Prosecutors have to show you knew the marijuana was there and could exercise control over it. This comes up often during vehicle searches with multiple passengers, and the defense usually focuses on whether the state can tie the drugs specifically to you rather than to someone else in the car.

Dealing, Cultivation, and Manufacturing

Indiana’s dealing statute reaches far beyond street sales. Under Indiana Code 35-48-4-10, anyone who manufactures, delivers, finances the manufacture or delivery of, or possesses marijuana with intent to do any of those things commits dealing.⁴ Cultivation counts as manufacturing. Growing one plant is enough.

The base dealing offense is a Class A misdemeanor: up to one year in jail and a $5,000 fine.⁴ That’s lower than many expect, but the charge escalates quickly.

Dealing becomes a Level 6 felony when either of these applies:

You have any prior drug conviction and the amount involved is less than 30 grams.
The amount is at least 30 grams but less than 10 pounds, regardless of criminal history.

Dealing becomes a Level 5 felony under any of these circumstances:⁴

You have a prior drug dealing conviction and the amount is 30 grams to under 10 pounds.
The amount is at least 10 pounds.
Any amount sold to someone under 18.
A retailer sells marijuana packaged to look like legal hemp extract, knowing what it actually is.

A Level 5 felony carries one to six years in prison, an advisory sentence of three years, and a fine of up to $10,000.⁵

For possession-with-intent charges, weight alone doesn’t prove intent to distribute unless the amount reaches at least 10 pounds.⁴ Below that threshold, prosecutors lean on packaging, scales, cash, or messages suggesting sales.

Paraphernalia Charges

Paraphernalia is a separate offense. Under Indiana Code 35-48-4-8.3, knowingly possessing any instrument or device you intend to use for consuming, testing, or enhancing the effect of a controlled substance is a Class C misdemeanor, carrying up to 60 days in jail and a $500 fine.⁶⁷ A second or subsequent conviction becomes a Class A misdemeanor, with up to one year in jail and a $5,000 fine.

The statute exempts rolling papers and drug-detection items like test kits and test strips.⁶ Paraphernalia is commonly stacked on possession, so a single stop where police find marijuana and a pipe can produce two separate counts.

Driving With Marijuana in Your System

Indiana uses a per se standard. If any detectable amount of THC or a THC metabolite is in your blood, you can be charged with operating a vehicle while intoxicated, whether or not you appear impaired. Under Indiana Code 9-30-5-1, driving with a Schedule I controlled substance or its metabolite in your system is a Class C misdemeanor, carrying up to 60 days in jail and a $500 fine.⁸⁷ Because metabolites can linger for days or weeks after use, the standard catches people well after any impairment has worn off.

The statute includes a narrow defense: the charge can be defeated if the substance detected was marijuana or a marijuana metabolite, you were not actually intoxicated, and you did not cause a traffic accident.⁸ All three conditions must be true. If you were in a collision, the defense is off the table even if you were completely sober.

Refusing a blood or breath test triggers its own penalty. The refusal is a Class C infraction, and the court must suspend your driving privileges for one year, extended to two years if you have a prior OWI conviction.⁹ After the suspension ends, you must carry proof of future financial responsibility (an SR-22 filing) for three years.

CBD Oil, Delta-8, and Other Hemp Products

CBD oil is legal in Indiana if it’s derived from industrial hemp, contains no more than 0.3 percent delta-9-THC, and meets state labeling requirements. That is the only cannabinoid exception in state law. Products with higher THC concentrations are illegal regardless of how they’re marketed.

Delta-8 THC, THCA, and other intoxicating hemp-derived cannabinoids sit in a legally uncertain space. In 2026, the Indiana Senate passed Senate Bill 250 to regulate these products through a permit and testing system under the Alcohol and Tobacco Commission, and to treat noncompliant hemp products as marijuana under criminal law. The bill did not advance in the House before a key procedural deadline. No comprehensive framework exists, and prosecutors in some counties may argue these products qualify as illegal controlled substances under existing law. Buyers and sellers should treat the category with real caution.

Out-of-State Medical Marijuana Cards

Indiana does not recognize medical marijuana cards from any other state. A valid card from Illinois, Michigan, Ohio, or elsewhere provides no legal protection once you’re inside Indiana. Possession is illegal regardless of where you live or where the product was purchased, and visitors are routinely arrested during traffic stops. If you’re passing through, leave cannabis products behind before crossing the border.

Consequences Beyond the Sentence

A marijuana conviction can outlast the sentence itself, and the collateral effects often do more damage than the jail time.

Indiana employers face no legal restriction on drug-testing for marijuana. They can refuse to hire, fire, or discipline employees who test positive, including for off-duty use. Because Indiana has not legalized marijuana in any form, there are no workplace protections. The Americans with Disabilities Act does not cover medical marijuana users. A misdemeanor conviction on your record makes each background check harder, sometimes for years.

Landlords can deny applications or begin eviction proceedings based on marijuana-related criminal records. Federal housing programs apply stricter rules because marijuana remains a Schedule I substance under federal law. A drug conviction can also affect student financial aid, professional licensing, and child custody proceedings. These downstream costs are the main reason to take every available defense and diversion option seriously.

Defenses to a Marijuana Charge

The right defense depends on how the evidence was gathered and what the state has to prove.

Unlawful Search and Seizure

Challenging the search is often the strongest move. The Fourth Amendment requires probable cause before officers can search a person, vehicle, or home. Evidence obtained without a warrant, without valid consent, or without a recognized exception to the warrant requirement can be suppressed, which usually ends the case. Indiana courts have addressed how the legalization of hemp complicates probable cause for marijuana searches, because legal hemp and illegal marijuana smell and look nearly identical.¹⁰ Officers who extend a traffic stop beyond its original purpose without reasonable suspicion also risk having the resulting evidence thrown out.

Challenging the Evidence

Weight and identity matter because charge severity depends on quantity. Lab testing errors happen, and field tests are unreliable. If the state cannot prove the substance is marijuana, or if the measured weight sits close to a threshold that changes the charge, a challenge to the testing methodology or chain of custody can reduce or eliminate the charge.

Lack of Knowledge or Intent

Possession requires that you knowingly or intentionally possessed the marijuana.¹ If drugs turned up in a shared space and you genuinely didn’t know they were there, the knowledge element fails. That is the core of most constructive possession defenses. For dealing charges under 10 pounds, the state also needs evidence of intent to distribute beyond the drug’s weight alone.⁴

Entrapment

Entrapment applies when law enforcement induced you to commit a crime you would not have committed on your own. It’s hard to win because the state only has to show you were predisposed to commit the offense. In undercover operations or cases involving confidential informants who applied heavy pressure, it can still work.

Diversion and Expungement

Pre-Trial Diversion

Indiana Code 33-39-1-8 lets prosecutors offer pre-trial diversion case by case. Diversion is typically available for first-time offenders charged with misdemeanors or Level 5 and Level 6 felonies. Complete the program requirements, which often include drug testing, community service, and a supervision period, and the charge is dismissed with no conviction on your record. The prosecutor decides based on the offense, criminal history, and likelihood of reoffending. More serious felonies and operating-while-intoxicated offenses are generally excluded.

Expungement

Indiana’s expungement statute allows petitioning to seal certain records after a waiting period:¹¹

Arrests without conviction: one year after the date of arrest.
Misdemeanors: five years after the date of conviction.
Level 6 felonies without bodily injury: eight years after the date of conviction.
Other eligible felonies: eight to ten years after conviction, depending on severity, plus additional time if the sentence has not yet been completed.

The prosecuting attorney can agree in writing to a shorter waiting period in any category. Once granted, employers, landlords, and most other entities are prohibited from discriminating against you based on the sealed record.¹² Expungement is not automatic. You have to file a petition, and certain offenses remain permanently ineligible. For a marijuana misdemeanor, the five-year waiting period is the usual path.

1
Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia
2
Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
3
Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony, Level 6 Felony
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Indiana General Assembly. Indiana Code 35-48-4-10 – Dealing in Marijuana, Hash Oil, Hashish, or Salvia
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Indiana General Assembly. Indiana Code 35-50-2-6 – Class C Felony, Level 5 Felony
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Indiana General Assembly. Indiana Code 35-48-4-8.3 – Possession of Paraphernalia
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Indiana General Assembly. Indiana Code 35-50-3-4 – Class C Misdemeanor
8
Indiana General Assembly. Indiana Code 9-30-5-1 – Operating While Intoxicated
9
Indiana General Assembly. Indiana Code 9-30-7-5 – Refusal to Submit, Penalties, Suspension
10
Court of Appeals of Indiana. Cody Moore v. State of Indiana Opinion 22A-CR-1979
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Indiana General Assembly. Indiana Code 35-38-9-1 – Expungement
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Indiana General Assembly. Indiana Code 35-38-9-10 – Unlawful Discrimination Against a Person Whose Record Has Been Expunged, Exceptions