Cannabis in Indiana

Indiana has legalized nothing beyond CBD. The state has no medical cannabis program, no decriminalization law and no legal adult market, and it is surrounded on three sides by states that sell to adults: Illinois, Michigan and Ohio. Lawmakers have introduced legalization bills repeatedly, but none has moved out of committee, and the 2026 session ended with no change to the criminal penalties.

Possession of 30 grams or less is a Class B misdemeanor with up to 180 days in jail and a fine of up to $1,000; with a prior drug conviction it becomes a Class A misdemeanor (a year and up to $5,000), and 30 grams or more with a prior is a felony. A conviction for possession, sale or distribution triggers a driver's license suspension. Paraphernalia is an infraction on a first offense. Marion County prosecutors stopped charging simple possession of an ounce or less in 2019, but that is local policy rather than state law.

CBD from hemp with 0.3 percent THC or less is legal under Indiana's hemp law (IC 15-15-13), and the Office of Indiana State Chemist oversees growers and handlers, not finished retail products. There is no state hemp retail license and, by statute, no age minimum for hemp-derived THC, although most sellers card at 21.

Delta-8 is the contested part. Attorney General Todd Rokita issued Official Opinion 2023-1 on January 12, 2023, concluding that delta-8 made by converting CBD is a Schedule I controlled substance; opinions do not bind courts, and no appellate court has ruled. In February 2026 Senate Bill 250, which would have banned intoxicating hemp products, passed the Senate 35 to 13 and then died in the House. Federal changes on November 12 and December 11, 2026 will decide much of the question. The linked delta-8 guide explains the timetable.