At Eskew Law, we are here to guide you through Indiana’s marijuana laws. Indiana has strict rules about marijuana. You need to know what is allowed, what is not, and what happens if you face charges. If you face a marijuana charge, a drug defense attorney in Indianapolis can help protect your rights and future.
Understanding Marijuana Laws in Indiana
Marijuana remains illegal in Indiana for both recreational and medical use. The state has one of the strictest cannabis laws in the country. This means any use, possession, distribution, or cultivation of marijuana is prohibited under Indiana law.
Currently, Indiana does not allow licensed medical marijuana or recreational marijuana programs. Any amount of marijuana is considered illegal under state law, even if you bought it legally in another state.
What “Marijuana” Means Under Indiana Law
Under Indiana Code 35-48-1-19, Marijuana is considered to be any part of the cannabis plant, whether it is growing or not. This includes the seeds, resin extract from any part of the plant, including hashish and hash oil, any compound, manufactured product, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
However, this excludes the mature stalk of the plant, fiber from the stalks, and oil or cake made from the seeds of the plant, any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, sterilized seeds of the plant incapable of germination, hemp, and low THC extract.
Low-THC CBD products that meet federal limits (less than 0.3 percent THC) are treated differently. These products are typically legal to possess if they meet state and federal guidelines.
Penalties for Marijuana Possession and Related Offenses
In Indiana, marijuana offenses can be classified as misdemeanors or felonies. The severity of the offense depends on the amount and prior criminal history.
Possession Charges
- Possession of Less Than 30 Grams: Class B misdemeanor. Punishable by up to 180 days in jail and fines up to $1,000.
- Possession of Larger Amounts: Possession of 30 grams or more with a prior conviction can be a felony if the individual has a prior drug conviction. This can lead to years of imprisonment and increased fines.³
- Possession with Prior Drug Offense: May increase penalties, extended jail time, and higher fines.
- Possession in packaging that appears to be a low-level THC product: Can increase the penalty to a class A Misdemeanor.
Distribution Charges
- Sale or Distribution:
- Dealing Marijuana convictions start at the Class A Misdemeanor level.
- Level 6 Felony penalties apply to the sale or distribution of marijuana if the accused has a prior drug offense and there is less than 30 grams, or if the amount of marijuana is between 30 grams and 10 pounds, and there is no prior conviction.
- The offense is a Level 5 Felony if the accused has a prior drug conviction and the weight is between 30 grams to 10 pounds, or there is no prior conviction but the weight is over 10 pounds, or if the Defendant is dealing and is also a retailer who is packaging marijuana in a way that appears to be low percentage of THC Hemp extract and they knew or should have known the product was marijuana.
These penalties can also affect your driver’s license and future job opportunities. Being charged with a marijuana crime can stay on your record.
Marijuana and Paraphernalia Offenses
Possession of paraphernalia related to marijuana can result in separate criminal charges. Items such as pipes, bongs, and rolling papers may lead to additional charges if used or intended to be used with illegal drugs. A drug defense attorney at Eskew Law can explain how paraphernalia laws may apply in your case.
Indiana Law vs Local Enforcement Practices
Although Indiana law makes marijuana illegal statewide, some local prosecutors have policies that affect how cases are handled. For example, Marion County’s prosecutor’s office has at times chosen not to file charges for simple possession of small amounts.
However, this policy does not change the underlying law. You can still be arrested for possession. The police can also still perform a search of seizure based on their probable cause that you may possess marijuana even though they believe you will not be charged.
Understanding local enforcement practices is important when facing charges. A drug defense attorney knows how local prosecutors handle marijuana cases and can use that knowledge to help your defense.
Possible Defenses to Marijuana Charges
There are defenses that may apply depending on the facts of your case. These may include:
Common Legal Defenses
- Illegal Search and Seizure: If police lacked probable cause or a valid warrant.
- Mistaken Identity or Lack of Knowledge: If the marijuana did not belong to you or you did not know it was present.
A drug defense attorney can evaluate your situation to determine the strongest defense.
Federal Marijuana Laws and Indiana Cases
Marijuana is illegal under federal law as a Schedule I controlled substance. Indiana courts follow state law, but federal charges remain possible in limited circumstances, such as trafficking across state lines or on federal property.⁵
Federal penalties are generally more severe than state penalties. If federal charges are filed, you will need an experienced defense attorney with knowledge of both state and federal systems.
Why You Need an Indiana Criminal Defense Attorney
Facing marijuana charges is serious. Even a first-time misdemeanor conviction can have long-term consequences. A drug defense attorney can help you navigate the legal process and protect your rights.
At Eskew Law, we have deep experience defending clients in Marion County and throughout Central Indiana. Our drug defense attorneys know how prosecutors build cases, how judges rule on key issues, and what strategies work best for your defense.⁶
How We Help Clients
- We analyze police reports, evidence, and witness statements.
- We challenge weak or unlawful evidence.
- We negotiate with prosecutors for reduced charges or diversion.
- We prepare cases for trial when needed.
A skilled attorney can make a difference in both outcome and future opportunities.
Call Our Office Today
If you or someone you care about has been charged with a marijuana offense in Indiana, do not wait. Contact Eskew Law today to schedule a consultation. We will explain your rights and options.
