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Indiana

Is weed legal in Indiana?

No. Adult, or recreational, cannabis use is illegal in Indiana and the state has no provision for medical marijuana use either. Hemp-derived CBD oil with less than 0.3% THC is the only form of cannabis that’s permitted.

Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000. Possession of more or subsequent offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.

Legislation history

In 1913, Indiana became one of the first states to ban the sale of marijuana without a prescription. After Harry Anslinger helped pass the Marihuana Tax Act in 1937, it wasn’t long before the historically conservative Indiana adopted some of the strictest cannabis laws in the United States.

Efforts to change legislation began in early 2013, though these efforts found little success. In February 2013, a bill to decriminalize small amounts of marijuana was killed in committee.

In early 2015, bills were introduced both in the House ( HB 1487 ) and Senate ( SB 284 ) to legalize medical marijuana for certain qualifying conditions with a physician’s recommendation. The House Bill failed to advance, and the Senate bill died before receiving a hearing.

Four years later in April 2017, Gov. Eric Holcomb signed HB 1148 to allow the use of CBD oil containing less than 0.3% THC for patients with uncontrollable seizures whose symptoms were resistant to traditional treatments. While HB 1148 legalized hemp-derived CBD, it didn’t specify a way for patients to purchase it.

The vagueness in HB 1148 made way for a new law that broadened access to CBD and specified regulations surrounding its sale. In March 2018, Holcomb signed SB 52 to allow the use and sale of CBD for any purpose, so long as it contained less than 0.3% THC by weight. The law also imposed additional requirements for testing and labeling. SB 52 took effect July 1, 2018.

FAQ

When will medical marijuana be legal in Indiana?

Typically, that is up to the state’s residents, governor, and legislators. In an interview with the Chicago Tribune in March of 2020, State Rep. Mike Karickhoff (R-Kokomo) said cannabis is “still illegal federally, and Gov. Holcomb has been very firm he’s not going to support any legislation until the federal government legalizes it.”

How can I get a medical marijuana card in Indiana?

Indiana does not have a medical marijuana program and does not issue medical marijuana cards.

What is the charge in Indiana for possession of marijuana?

Possession of less than 30 grams of marijuana or less than 5 grams of hash is a class A misdemeanor with a penalty of up to one year imprisonment and a fine of up to $5,000.

What is a felony possession of marijuana in Indiana?

Possession of more than 30 grams of marijuana or multiple offenses is a class D felony, which can earn violators between six months and 2.5 years in prison as well as a fine up to $10,000.

This post was updated October 22, 2020.

View the cannabis & CBD laws & regulations for Indiana.

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Indiana

Indiana farmers now allowed to grow commercial hemp

Devin Crispin began growing hemp in 2019 in hopes of producing CBD oil.

He said the new plan provided by the government allows farmers to have clearer picture of what to expect before they begin the process like when to harvest and how to test their plants’ THC levels.

“We have a pretty good handle on what the new regulations will be. I think the benefit will be having a firm rule in place so that people can make investments and decide what they’re willing to risk without changes coming down that could affect their businesses.”

More Than Half Of US States Have USDA Approved Hemp Plans

After a flurry of activity, 27 US states now have hemp plans approved by the US Department of Agriculture.

The passage of the 2018 Farm Bill saw hemp no longer classified a Controlled Substance, and the USDA was directed to approve hemp production plans submitted by states and Indian tribes to ensure hemp would be grown in harmony with the Bill and regulations set by the Department.

Police warn parents of edibles resembling Halloween candies

In line with the most recent Halloween tradition, state police are warning parents in the United States to look out for edibles in their kids’ candy ahead of this weekend’s spooky celebration.

According to Indiana State Police, authorities seized edibles in packaging virtually identical to the popular Starbrust and Skittles candies just last weekend.

Indiana Attorney General Candidate Calls For Cannabis Legalization

Jonathan Weinzapfel, the Democratic Party’s nominee for Indiana attorney general, called for the legalization of cannabis for adults in the Hoosier State on Monday, saying the move would provide a needed economic boost while increasing funding for public education and helping reduce law enforcement costs.

Hemp Flower Bans Threaten Commerce In Indiana And Texas

With the legalization of hemp at the federal level with the passage of the 2018 Farm Bill, it wasn’t long before a new industry based on the increasing popularity of cannabidiol began to take root across the country. But the growth of that industry is at risk in Indiana and Texas, where bans on hemp flower threaten the livelihoods of farmers and small business owners alike.

Indiana Smokable Hemp Ban Is Upheld (For Now)

The Seventh Circuit’s ruling is important because courts and legislatures may follow its interpretation of the 2018 Farm Bill with respect to smokable hemp.

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing hemp and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA). The 2018 Farm Bill also provided a detailed framework for the production of hemp and directed the U.S. Department of Agriculture (USDA) to promulgate regulations and permitted states to maintain primary regulatory authority over hemp cultivated with their border by submitting a plan to the USDA.

Which State Will Legalize Marijuana First In 2020: Kentucky, Ohio Or Indiana?

As with any bet, there is no sure thing. But, the following predictions are most likely how it will all go down.

There has been a lot of discussion this year about legalizing marijuana in a few additional states across the Midwest now that Michigan and Illinois have joined the party. So far, three states — Kentucky, Ohio and Indiana — are looking at some options that could lead to new marijuana laws going on the books in 2020.

Indiana GOP Lawmakers Seek to Override Relaxed Marijuana Laws in Indianapolis

If local officials no longer want to enforce anti-marijuana laws, Indiana Republicans want the state to step in.

That is the gist of the legislation that was approved Tuesday by a panel in the state senate. The bill would allow the Indiana attorney general’s office to intervene if a county prosecutor were to not enforce a particular law—a direct response to a policy announced last year by the prosecutor of Marion County, where the capital and largest city Indianapolis is located, to no longer pursue simple marijuana possession cases.

The bill, introduced by Indianapolis GOP state Sen. Michael Young, was endorsed by a 6-3 vote by a state Senate committee.

Indiana proposal would decriminalize possessing small amounts of marijuana

Some Indiana lawmakers are pushing to decriminalize small amounts of marijuana.

Senate Democratic Chair Karen Tallian and State Sen. Greg Taylor presented two proposals that would prevent Hoosiers who possess small amounts of marijuana from being arrested and going to jail.

“We are well behind the times in the State of Indiana when it comes to cannabis,” Sen. Tallian said. “It’s time to allow debate and public input on this matter, and it is time we catch up with our neighbors. In 2018 and 2019, there were over 22,000 arrests yearly for possession of small amounts of marijuana. There is no justification for this.”

Hey Indiana, Legal Marijuana Isn’t Going To Doom Your Workforce

It’s not even 2020, and already the Indiana brass is preaching its ravenous desire to keep marijuana prohibition in full effect. This is a strange attitude, too, considering the state is about to have its butt savagely beaten trying to keep a leash on interstate drug trafficking. Its border buddy Michigan just launched a recreational pot market earlier this month, and Illinois is set to roll one out at the beginning of the year. This means that Hoosier high timers and others curious about the pot scene could easily become our pot-slinging neighbors’ best customers.

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