Indiana Marijuana Laws (2026): A Beginner’s Guide
Quick answer: Marijuana is illegal in Indiana for both recreational and medical use. There is no legal possession limit. Having less than 30 grams is a misdemeanor that can mean jail time, and growing at home is a crime. The only legal option is hemp-derived CBD with no more than 0.3% THC.
Last verified: October 20, 2026, against the Indiana Code, IC 35-48-4-11. Laws change, so check the official site before you travel or buy.
| Recreational | No. Illegal. |
|---|---|
| Medical | No. Only low-THC hemp CBD is legal. |
| Minimum age | Not applicable. Illegal at any age. |
| Possession limit | None. Less than 30 g is a Class B misdemeanor. |
| Home grow | No |
| Public use | No |
| Driving limit/DUI rule | Driving with marijuana or its metabolite in your blood can be charged as OWI, even without proof of impairment |
| Medical card for visitors | Not recognized |
Is weed legal in Indiana?
Err… No. Indiana is surrounded by change. Illinois, Michigan and Ohio all allow adults 21 and older to buy cannabis, and Kentucky has a medical program. Indiana still has none of it. No medical program, no decriminalization, no adult-use sales.
Lawmakers filed plenty of bills in 2026, including ones for decriminalization, medical cannabis, legalization and moving marijuana down the state drug schedule. A decriminalization bill even got a historic House committee hearing. Every one of them died before the session ended. House Speaker Todd Huston signaled more patience than urgency, so don’t expect fast change.
Federal law doesn’t help either. Recreational marijuana is still Schedule I. In April 2026, federal regulators moved state-licensed medical marijuana to Schedule III, but Indiana has no state medical license, so that change doesn’t apply here.
Can you get a medical card in Indiana?
No. Indiana has no medical marijuana program and doesn’t recognize cards from other states. Your Illinois or Michigan card means nothing at a traffic stop in Gary or Fort Wayne.
What Indiana does allow is CBD. A 2018 law (Senate Enrolled Act 52) lets anyone buy, sell and possess hemp-derived CBD oil that contains no more than 0.3% THC and meets labeling rules. FDA-approved cannabis-based prescriptions, such as Epidiolex for certain seizure disorders, are also legal with a prescription.
A heads-up on hemp THC: under the federal hemp law passed in November 2025, intoxicating hemp products like delta-8 and THCA flower lose their legal status. The main provisions take effect December 11, 2026. Indiana’s own 2026 hemp ban bill died, but the federal rules apply either way.
Where can you buy?
There are no legal marijuana dispensaries in Indiana. Many Hoosiers drive to dispensaries in Illinois, Michigan or Ohio. That’s legal only as long as the cannabis stays in that state. Bringing it home turns a legal purchase into an Indiana crime (more on that below).
How much can you possess?
Legally, none. Under Indiana Code 35-48-4-11:
- Less than 30 grams: Class B misdemeanor, up to 180 days in jail and a $1,000 fine
- Less than 30 grams with a prior drug conviction: Class A misdemeanor, up to 1 year and $5,000
- 30 grams or more with a prior drug conviction: Level 6 felony
Hash and concentrates are treated more harshly than flower, and dealing charges are much more serious.
Can you grow your own?
No. Growing cannabis in Indiana counts as manufacturing or possession, depending on the facts. Penalties depend on the amount and your record. There’s no plant count that’s legal.
Where can you smoke?
Nowhere legally. Any use in Indiana involves illegal possession. Using in public or around children can add charges or make penalties worse.
Can you drive after using?
Definitely not. Indiana’s operating while intoxicated (OWI) law lets prosecutors charge drivers who have a Schedule I drug, including marijuana or its metabolite, in their blood. They don’t have to prove you were impaired. Because THC metabolites can stay in your system long after the high fades, someone who used legally in Illinois days earlier could still face trouble. A 2026 law (House Enrolled Act 1249) also made drug-in-blood OWI judgments count toward habitual traffic violator status. Lawmakers have debated a THC threshold and other fixes over the last two sessions. Check the Indiana General Assembly for the current text.
Can you take it out of state?
You can’t legally bring cannabis into Indiana, period. A legal purchase in Illinois, Michigan or Ohio becomes illegal possession the moment you cross the line. Crossing state lines with cannabis is a federal crime too. State police patrol the main border routes, and a receipt from a Michigan dispensary won’t help you.
Can your employer fire you?
Yes. Indiana has no protections for cannabis use, even legal off-duty use in another state. Employers can drug test, refuse to hire and fire for a positive result.
What are the penalties?
- Possession under 30 g: Class B misdemeanor, up to 180 days and $1,000
- With a prior drug conviction: Class A misdemeanor or Level 6 felony, depending on the amount
- Paraphernalia: misdemeanor
- Selling or dealing: misdemeanor to felony, depending on the amount and location
- Driving with THC or metabolites in your blood: OWI charges, license consequences
Curious how much things change across the border? Read our Illinois marijuana law guide or see every state in the state marijuana law hub.
Indiana marijuana law FAQ
Is marijuana decriminalized in Indiana?
No. Indiana has not decriminalized marijuana. Possessing less than 30 grams is a Class B misdemeanor punishable by up to 180 days in jail and a $1,000 fine. Every decriminalization bill filed in the 2026 session died.
Does Indiana have medical marijuana?
No. Indiana has no medical marijuana program and doesn’t accept medical cards from other states. Hemp-derived CBD with no more than 0.3% THC is legal, and FDA-approved cannabis-based prescriptions are available.
Can I bring weed back from Michigan or Illinois to Indiana?
No. Cannabis bought legally in Michigan, Illinois or Ohio becomes illegal once it enters Indiana. Crossing state lines with it is also a federal crime. Use it only in the state where you bought it.
Can you get an OWI in Indiana for THC from days ago?
Possibly. Indiana law lets prosecutors charge drivers who have marijuana or its metabolite in their blood, without proving impairment. Because metabolites can linger long after the effects wear off, past legal use elsewhere can still create risk.
Is CBD legal in Indiana?
Yes. Hemp-derived CBD with no more than 0.3% THC is legal to buy, sell and possess in Indiana, as long as it meets the state’s labeling rules. Federal hemp changes taking effect December 11, 2026 will tighten THC limits on hemp products.