Cannabis in Indiana
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Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $1000.


History


Prohibition (1913)

In 1913, Indiana banned the sale of marijuana without a prescription.


Failed attempts to raise or lower penalties (2013)

In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee. Following that, the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
offered an amendment to the previously-approved House Bill 1006, which had included decreased penalties for cannabis possession, with an amendment to instead raise certain types of possession from misdemeanors to felonies. Governor
Mike Pence Michael Richard Pence (born June 7, 1959) is an American politician who served as the 48th vice president of the United States from 2017 to 2021 under President Donald Trump. A member of the Republican Party, he previously served as the 50th ...
stated: "I think we need to focus on reducing crime, not reducing penalties."


Marion County (2019)

On September 30, 2019, possession of of marijuana or less was decriminalized in Marion County.


Attempts at Delta-8 regulation

Under Indiana law, delta-9 products are illegal, but delta-8 products are not. State Senators Michael Young and Liz Brown introduced a bill during the 2022 session to outlaw delta-8 products, but it died in session due to concerns that it would outlaw CBD oil.


First Church of Cannabis

Pending the 2015 passage of Indiana's ''
Religious Freedom Restoration Act The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at through (also known as RFRA, pronounced "rifra"), is a 1993 United States federal law that "ensures that interests in religiou ...
'' (RFRA), Bill Levin created the
First Church of Cannabis The First Church of Cannabis is a cannabis-based registered church in the U.S. state of Indiana founded in March 2015 by Bill Levin. History The First Church of Cannabis was founded in March 2015 by Bill Levin, who attended Indianapolis Hebre ...
in Indiana. The church was founded in March, and received its recognition as a religious non-profit entity on March 26, the same day that the governor signed the RFRA. Prior to the RFRA's taking effect, an Indiana police chief warned the church that the RFRA would not protect the church's use of sacramental marijuana. The church held its first service on July 1—the same day that the RFRA took effect—and promptly filed a lawsuit against the state, alleging that the state's marijuana laws infringe on the church's freedom of religion.


Medical cannabis


Failed attempts to legalize medical marijuana (2015)

In early 2015, bills were introduced both in the
House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
and Senate to legalize medical cannabis for certain severe conditions with a doctor's recommendation, but the House Bill failed to advance, and the Senate bill did not receive a hearing.


CBD legalized for epilepsy (2017)

In April 2017, Governor
Eric Holcomb Eric Joseph Holcomb (born May 2, 1968) is an American politician who is the 51st and current governor of Indiana, serving since 2017. A member of the Republican Party, he served as the 51st lieutenant governor of Indiana from 2016 to 2017 unde ...
signed legislation to allow the use of CBD oil (less than 0.3% THC) for uncontrollable
seizures An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or neural oscillation, synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much o ...
. The new law went into effect July 1, 2017.


CBD legalized for any use (2018)

In March 2018, legislation was signed to allow the use and sale of CBD for any purpose (less than 0.3% THC), with additional requirement imposed for testing and labelling.


Legislation

Laws affecting possession, cultivation and sale of marijuana were amended to reduce the penalties for simple possession, but enhance the penalties for delivery, and possession with the intent to deliver, in certain circumstances (amendments effective on July 1, 2014, under IC 35-48-4). Sale or cultivation of more than 10 lbs or within 1,000 feet of a school, or any other specialized area, will result in a minimum of 2–8 years and a $10,000 fine.


References

{{Cannabis in the United States