Indiana Marijuana Laws

If you are a resident of The Hoosier State, you should be aware that this state has harsh penalties when it comes to marijuana laws.  Research the local paraphernalia codes in order to better protect yourself.

Indiana Marijuana Attorneys

The following Indiana lawyers are actively involved in the practice of cannabis law:

Indiana_razumichlaw
Indiana_vonderheideknecht

LAW BREAKDOWN

Any possession, sale, cultivation, or manufacture of marijuana is a crime in Indiana, as is possession or manufacture of cannabis concentrates. The state’s anti-drug laws are very harsh, some of the harshest in the country.

Possession

Simple possession of any amount of marijuana up to 30 grams (roughly one ounce) is considered a misdemeanor in Indiana and can be punished by as much as 180 days in jail and a $1,000 fine on a first offense. Penalties for subsequent offenses are up to 1 year in jail and $5,000 in fines.

Possession of any amount greater than 30 grams is a felony punishable by at least six months in jail and as many as 2 1/2 years in prison, plus a $10,000 fine.

Indiana has a conditional discharge program for first-time offenders, especially people charged with misdemeanors. But cannabis is in no way decriminalized there.

Sale and Cultivation

Any sale, cultivation, or manufacture of cannabis or cannabis products is a crime. If the weight is 30 grams or less, the maximum penalty is one year in jail and $5,000 in fines. If the amount is between 30 grams and 10 pounds, the minimum sentence is six months in jail while the maximum is 2 1/2 years in prison; there is also a potential $10,000 fine.

Where the charges include more than 10 pounds, the punishment is between one and six years in prison, plus a top fine of $10,000. Finally, selling any amount to a minor carries a penalty of between one year in jail and six years in prison, as well as $10,000 in fines.

Hash and Concentrates

Hashish and other cannabis concentrates are treated more severely than regular marijuana under Indiana law. Possession of any amount is a felony punishable by up to one year in jail and $10,000 in fines. The same is true of manufacture concentrates.

Paraphernalia

Paraphernalia is the only aspect of cannabis law that has been decriminalized in Indiana. Paraphernalia includes any items intended for use in the cultivation, harvesting, processing, testing, analysis, storage or use of marijuana.

Use and possession. Possession of paraphernalia is a civil infraction and carries no jail time, though it does carry a potentially massive fine of up to $10,000. A subsequent conviction is punishable by between six months in jail and 2 1/2 years in prison, as well as a possible $10,000 fine.

Sale and distribution. Selling paraphernalia is a class A infraction punishable by a fine of up to $10,000. A person dealing in paraphernalia with a prior unrelated judgement or conviction can be punished by between six months and 2 1/2 years’ imprisonment, plus a maximum $10,000 fine.

Manufacture. Manufacture of paraphernalia is likewise a class A infraction, punishable by a fine of up to $10,000. Subsequent offenses are level 6 felonies, and the max penalty is $10,000 in fines and between six months and 2 1/2 years imprisonment.

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Any amount Misdemeanor 180 days $ 1,000
Less than 30 g and prior drug offense Misdemeanor 1 year $ 5,000
30 g or more and prior drug offense Felony 6 months – 2 1/2 years $ 10,000
Conditional discharge may be available for first-time offenders.

Sale or Cultivation

Less than 30 g Misdemeanor 1 year $ 5,000
30 g – less than 10 lbs Felony 6 months – 2 1/2 years $ 10,000
10 lbs or more Felony 1 – 6 years $ 10,000
To a minor Felony 1 – 6 years $ 10,000

Hash & Concentrates

Possession

5 g or more Felony 6 months – 2 1/2 years $ 10,000

Manufacture

Less than 5 g Misdemeanor 1 year $ 5,000
5 g – less than 300 g Felony 6 months – 2 1/2 years $ 10,000
300 g or more Felony 1 – 6 years $ 10,000
Prior drug offense carries a greater penalty. See details section for more information.

Paraphernalia

Possession, Dealing or Manufacture Infraction N/A $ 10,000
Possession, Dealing or Manufacture (subsequent conviction) Felony 6 months – 2 1/2 years $ 10,000

Miscellaneous

Presence where knowledge of drug activity occurs Misdemeanor 6 months $ 1,000
Possession, sale, or distribution conviction will result in a driver’s license suspension.