Marijuana is illegal in Indianapolis. Indiana has no medical program, no recreational sales, and no decriminalization statute, so the Indianapolis marijuana laws that apply to you are the state’s controlled substance rules. The twist that trips people up: since 2019, the Marion County Prosecutor’s Office has declined to file charges for possession of one ounce or less, but Indianapolis police can still stop, search, and arrest you for any amount, and the arrest itself creates a record.1Ryan Mears, Prosecutor Marion County. Marijuana
Indiana also does not recognize medical marijuana cards issued by other states. A valid card from Illinois or Michigan gives you no defense here, and carrying cannabis across the state line is a crime under both state and federal law.
Possession Penalties Under Indiana Law
Possessing any amount of marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.2Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia The statute sets no weight threshold for the base offense. A single joint and a full ounce carry the same classification.
The charge steps up to a Class A misdemeanor in two situations: you have a prior drug conviction, or the marijuana is packaged to look like a legal hemp product and you knew it was actually marijuana.2Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia A Class A misdemeanor carries up to one year in jail and a fine of up to $5,000. The fake-hemp trigger is a newer wrinkle that catches people off guard as hemp products fill more Indianapolis shelves.
What the Marion County Non-Prosecution Policy Actually Does
Prosecutor Ryan Mears announced in 2019 that his office would no longer criminally prosecute possession of one ounce or less, reserving resources for violent crime and more serious offenses.1Ryan Mears, Prosecutor Marion County. Marijuana The policy is still in effect. What it is not is a change in state law.
Officers retain full authority to make a stop, conduct a search, seize the marijuana, issue a citation, and take you into custody. The prosecutor may then decline to file formal charges, but you have already been arrested, and an arrest record can appear on background checks even if no charges are ever filed. Treating the policy as de facto legalization is where most of the trouble starts.
Dealing Charges
Selling or distributing at least 30 grams but less than 10 pounds of marijuana is a Level 6 felony, which carries a sentence of six months to two and a half years in prison and a fine of up to $10,000.3Indiana General Assembly. Indiana Code Title 35 Criminal Law and Procedure 35-48-4-10 Larger quantities push the offense to higher felony levels with longer prison terms.
Indiana law enhances penalties when dealing occurs near schools, parks, and other drug-free zones. In a city as dense as Indianapolis, those zones cover a substantial portion of the urban core, and an enhancement can bump a charge up to the next felony tier.
Paraphernalia Is a Separate Charge
You don’t need to be holding marijuana to face a drug charge. Under Indiana Code 35-48-4-8.3, possessing drug paraphernalia is a Class C misdemeanor with up to 60 days in jail and a fine of up to $500. Paraphernalia includes pipes, bongs, rolling papers, and similar items connected to drug use. A prior paraphernalia conviction bumps the offense to a Class A misdemeanor, with up to one year in jail and a $5,000 fine.
This matters because the Marion County policy covers possession, not paraphernalia. A possession charge can be declined while prosecution moves forward on the pipe in your pocket.
Driving After Using Marijuana
Indiana applies a zero-tolerance standard. Unlike alcohol, where the limit is 0.08%, any detectable level of THC in your system can support an operating-a-vehicle-while-intoxicated charge. THC metabolites can linger in blood for days or weeks, so you can face an OVWI charge long after any impairment has passed. Anyone who uses cannabis in a legal neighboring state and drives back into Indiana is exposed, even the next day.
Under Indiana’s implied consent law, operating a vehicle in the state counts as agreement to submit to a chemical test when an officer has probable cause. Refusing triggers an automatic one-year license suspension for a first refusal, two years with a prior conviction. A refusal suspension does not qualify for restricted driving privileges, so there is no limited license for work or school.
Your Car Can Be Seized
Indiana’s civil forfeiture statute, Indiana Code 34-24-1-1, allows law enforcement to seize property connected to drug offenses, including vehicles used to transport marijuana. Forfeiture is a civil proceeding separate from the criminal case, which means your vehicle can be taken even if criminal charges are later dropped or you are acquitted. For a dealing arrest that involves a car, the vehicle is at real risk alongside any criminal penalty.
Hemp and CBD Products Are Legal, For Now
Hemp is the one area where cannabis-derived products are legal in Indianapolis. Following the 2018 federal Farm Bill and Indiana Senate Enrolled Act 52, products containing less than 0.3% Delta-9 THC on a dry weight basis are lawful statewide.4LegiScan. Indiana Senate Bill 52 CBD oils, edibles, and topicals meeting that threshold are widely sold in Indianapolis shops and gas stations.
Intoxicating hemp-derived products like Delta-8 THC and THCA have been sold under the argument that they come from hemp rather than marijuana, and that gap is closing. Senate Bill 250, introduced in January 2026, would ban products containing Delta-8, THCA, and other intoxicating hemp-derived cannabinoids. It would also impose a 21-and-over age requirement for remaining legal hemp products, place regulation under the Alcohol and Tobacco Commission, and prohibit sales within 1,000 feet of schools and playgrounds. If passed, these restrictions could take effect as early as mid-2026.
Employment Consequences
Indiana provides no workplace protections for marijuana use. Employers can require pre-employment drug screens, random testing, and post-incident testing, and failing a marijuana test is legal grounds for termination. Under Indiana’s at-will employment doctrine, an employer can also fire you for refusing to test. Childcare providers and public works contractors are required by state law to test and to dismiss employees who test positive for cannabis. The Marion County prosecution policy offers no cover: an employer does not care whether charges would have been filed, only what the test says.
Clearing a Marijuana Conviction Later
Indiana’s Second Chance Law allows people with marijuana convictions to petition for expungement. For a misdemeanor possession conviction, you must wait at least five years from the date of conviction, cannot have been convicted of any other crime in any state during that time, must have paid all court costs, fines, fees, and restitution, and cannot have pending charges when you file.
Indiana generally treats expungement as a one-time opportunity for convictions, so if you have more than one eligible conviction, filing early can cost you the ability to clear the others. Arrest records that did not lead to a conviction are handled separately and can still be expunged even if you have used your petition for convictions.