Is Marijuana Legal in Indiana?

Indiana currently has some of the harshest penalties regarding the possession and distribution of marijuana. Up until February of this year, even the medicinal use of cannabis was illegal, though it is still incredibly restrictive and designed only for epileptic patients. According to the Indiana Criminal Code, marijuana also includes hash and hash oil.

The Penalties

There is a wide range of penalties regarding marijuana, the severity of which depends on the extent of the crime and the amount of cannabis involved.

Personal Use

If you are in possession of marijuana for personal use, this is considered a Class B misdemeanor, which is punishable by no more than 180 days and a possible fine of up to $1,000. If you are in possession of less than 30 grams and have a prior drug offense on your record, this is treated as a Class A misdemeanor, for which you can serve up to 1 year in prison and pay a fine of up to $5,000. If you are in possession of 30 grams or more and have a previous drug conviction on your record, this becomes a Level 6 penalty, punishable by up to 2 and a half years in prison and up to $10,000 in fines.

Cultivation and Sale

As is the case with the personal use of marijuana, the amount of the drug an individual sells will be factored into the severity of the punishment. Sales involving less than 30 grams are Class A misdemeanors, punishable by a maximum sentence of 1 year and can be fined up to $5,000. The next offense would be a Level 6 felony. If an individual is convicted of selling between 30 grams or less than 10 pounds, this is also treated as a Level 6 felony. Other offenses and punishments:

  • 10 pounds or more is a Level 5 felony, for which the punishment is between 1 and 6 years imprisonment and a fine of up to $10,000
  • Selling any amount of marijuana to a minor is also considered a Level 5 felony, accompanied with the same penalties

Hash & Concentrates

Hash oil and hashish are also illegal in Indiana and exact many of the same penalties if an individual is convicted. Possession is Class A misdemeanor, which is punishable by a maximum sentence of one year imprisonment and a fine of up to $5,000. First-time offenders may be eligible for a conditional discharge.

If an individual has a prior conviction involving marijuana, hash oil, or hashish, and is convicted for possession of less than 2 grams of hashish or concentrate, this offense is a Level 6 felony, punishable by 6 months to 2 and a half years imprisonment and a fine of up to $10,000.


Manufacturing, possessing, and selling paraphernalia are all punishable offenses as well, which all pack similarly severe penalties as the ones listed for the possession or the sale of marijuana.

Conditional Release

Indiana provides what is known as a conditional release or alternative sentencing for those who are facing a first-time offense. Instead of enduring a trial, a conditional release allows a person to opt for probation. Upon the successful completion of this probationary period, the individual’s criminal record will not reflect the charge, giving him or her the chance at a clean slate.

Drug Crime Defense Lawyers in Fort Wayne

Indiana treats drug offenses very seriously, making it one of the harshest states in the country, even when it comes to most minor infractions. If you have been charged with drug possession or drug distribution, you need to retain skilled legal representation immediately to avoid facing a misdemeanor or felony offense and state or federal prosecution. Other factors surrounding your case can possibly elevate the charges considerably. For example, if you were within 1,000 feet of a school or park, a small offense can turn into a Class A felony charge, which is punishable by 20 to 50 years in prison.

At Arnold Terrill Ridenour, P.C., we have over 50 years of combined experience representing individuals from every walk of life and are dedicated to protecting our clients’ rights at all costs. Our Fort Wayne legal team will work to uncover any mistakes or misconduct that might have taken place during the arrest process, which could help lead to a favorable outcome on your behalf. Now is not the time to gamble with your future. Let us help you make this right.

Contact us today at (888) 912-7220 for a free consultation with a member of our legal team.