No. Marijuana is not legal in Indiana in any form. There is no recreational program, no medical program, and no exception for people with a medical card from another state. Possessing any amount is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000.1Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia2Indiana General Assembly. Indiana Code 35-50-3-3 – Class B Misdemeanor That applies whether you’re caught with a single joint or a few grams in a bag.
The Penalties by Amount and Prior Record
The baseline charge for simple possession is a Class B misdemeanor regardless of how little you have. Where the stakes jump is when there’s a prior drug conviction on your record.
Possession of less than 30 grams with a prior drug offense becomes a Class A misdemeanor, carrying up to one year in jail and a $5,000 fine.1Indiana General Assembly. Indiana Code 35-48-4-11 – Possession of Marijuana, Hash Oil, Hashish, or Salvia Possession of 30 grams or more with a prior drug conviction is a Level 6 felony, which means six months to two and a half years of imprisonment and up to a $10,000 fine.3Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony Growing marijuana falls under the same statute, as does knowingly allowing it to grow on your property.
Out-of-State Medical Cards Don’t Help
Indiana has no medical marijuana program and does not recognize cards or prescriptions issued in other states. Indiana courts have not accepted a medical necessity argument for cannabis, and an out-of-state prescription is not a defense to a possession charge. If you’re on probation in Indiana, that includes probation after a conviction here, a positive marijuana test can trigger revocation even if you obtained the cannabis legally in Illinois or Michigan the weekend before.
The Costs Beyond the Fine
The statutory fine is only the beginning. A misdemeanor possession conviction sets off a chain of ongoing costs that most people don’t anticipate.
Probation is common even for first-time offenders. Initial probation fees run around $50 for a misdemeanor or $100 for a felony, with monthly supervision fees of roughly $15 to $20 on top. Every drug screen your probation officer orders comes out of your pocket, and those are random and ongoing. Courts can also require substance abuse evaluations and classes, paid directly to the provider.
Some first-time offenders are offered pre-trial diversion, which lets you avoid a conviction if you complete the requirements. Eligibility turns on the local prosecutor’s discretion and factors like the severity of the offense, criminal history, and likelihood of reoffending. Diversion isn’t available for Level 4 felonies and above, and it is never guaranteed.
If a conviction does end up on your record, Indiana allows expungement, but the clock is long. For a misdemeanor, you must wait at least five years, have no pending charges, no new convictions in that period, and all fines and court costs paid in full. For a Level 6 felony, the wait is eight years from the date of conviction. Expungement is available only once in your lifetime, and for higher-level felonies the court can deny the petition even when every requirement is met.4Indiana Public Defender Council. Indiana Code 35-38-9 – Sealing and Expunging Conviction Records
What a Conviction Can Cost You Elsewhere
A marijuana conviction, or even admitted marijuana use, can cost you your gun rights under federal law. Under 18 U.S.C. § 922(g)(3), anyone who is an “unlawful user of or addicted to” a controlled substance is prohibited from possessing firearms or ammunition.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because cannabis is still a federally controlled substance, an Indiana resident who uses marijuana and owns a gun is committing a separate federal felony. The federal firearms transaction form (Form 4473) asks directly about controlled substance use, and answering dishonestly is its own crime.
The Supreme Court is reconsidering this prohibition in United States v. Hemani, argued in March 2026, where a majority of the justices appeared skeptical of the ban’s constitutionality under the Second Amendment. A ruling is expected by summer 2026. Until then the prohibition remains fully enforceable.
Federal housing is another pressure point. Residents of public housing and Section 8 programs are subject to federal drug restrictions, and public housing authorities have discretion to evict tenants for any illegal drug use. That discretion extends to setting ban lengths and defining what counts as problematic behavior. Even in states that have legalized cannabis, this federal restriction has not gone away.
Hemp, Delta-8, and THCA: What You Can Legally Buy
While marijuana itself is illegal, Indiana does permit certain hemp-derived products. Under Indiana’s Senate Enrolled Act 516 and the federal 2018 Farm Bill, products derived from hemp are legal as long as they contain no more than 0.3% delta-9 THC by dry weight. That’s what makes delta-8 THC and THCA products available in gas stations and smoke shops around the state.
Indiana’s rules on these products are more restrictive than those in many states. The state bans smokable hemp in all forms, including flower, pre-rolls, and vape cartridges. What remains legal are non-smokable products like gummies, tinctures, capsules, and concentrates. Buyers must be 21 or older.
The line between legal hemp flower and illegal marijuana gets especially blurry with THCA. A hemp flower containing 20% THCA and 0.2% delta-9 THC might pass federal testing in its raw form, but heat converts THCA into delta-9 THC, pushing the product far past the 0.3% threshold once it’s smoked. That is the reason Indiana bans smokable hemp outright even when it technically meets federal standards on paper.
CBD oil is the one other cannabis-adjacent product the state allows. It must contain no more than 0.3% delta-9 THC and no other controlled substances, and each product has to carry a batch number, ingredient list, manufacturer information, a DEA registration number, and a QR code linking to lab-test results.6Office of the Indiana Attorney General. Official Guidance on Cannabidiol
Legislative efforts to tighten the hemp side are ongoing. Indiana Senate Bill 250, which would have banned delta-8 THC entirely, passed the Senate 35-13 in early 2026 but died in the House after missing a committee deadline. Attorney General Todd Rokita issued an opinion in 2023 suggesting delta-8 could be classified as a Schedule I substance due to the chemical processing involved, though that opinion functions as guidance to law enforcement rather than enforceable law. Federal regulatory changes expected to take effect in late 2026 could further restrict these products regardless of what Indiana does.
Why the Law Hasn’t Changed
Indiana sits in a region where every neighbor has moved on. Illinois, Michigan, and Ohio all allow recreational adult-use marijuana. Kentucky has legalized medical cannabis. Indiana is alone in its region with no program at all.
The reason the status quo holds is concentrated legislative power. Senate President Pro Tem Rodric Bray has said bluntly, “It’s no secret that I am not for this,” and has argued that any medical program amounts to recreational legalization. House Speaker Todd Huston has called cannabis “a deterrent to mental health” and rejected the revenue argument, saying, “I don’t believe public policy should ever be built based off revenue.” With those two deciding which bills get hearings, cannabis legislation has stalled repeatedly. House Bill 1191, which would have decriminalized possession of two ounces or less, was referred to committee in January 2026 and never got a hearing.7Indiana General Assembly. House Bill 1191 – Decriminalization of Marijuana Indiana has no ballot initiative process, so voters cannot bypass the legislature.
What Could Change, and When
Governor Mike Braun said in March 2026 that he is “kind of agnostic” on the issue but that “when you’ve got four states surrounding you, you’re probably going to have to address it.” That is the most permissive language any Indiana governor has used on cannabis, though Braun stopped short of endorsing specific legislation.
At the federal level, cannabis remains a Schedule I controlled substance under the Controlled Substances Act.8Drug Enforcement Administration. Drug Scheduling A rescheduling effort to move cannabis to Schedule III has been underway since 2024, and President Trump signed an executive order in December 2025 directing the Attorney General to complete the rescheduling “in the most expeditious manner.” The process has stalled, however. The DEA’s chief administrative law judge retired in mid-2025 and has not been replaced, and an interlocutory appeal over potential conflicts of interest among DEA leadership has frozen the proceeding. As of early 2026, the DEA confirmed that “even with an Executive Order, the rescheduling matter remains pending and must still proceed through required administrative steps.” Rescheduling to Schedule III would not legalize recreational cannabis, but it would acknowledge medical value and ease banking restrictions.
For now the practical reality for anyone in Indiana is the same as it has been for years. Marijuana is illegal, possession is a criminal charge, a card from another state does not help, and the only cannabis-related products you can legally buy are non-smokable hemp items and compliant CBD oil.