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Indiana Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Any amount Misdemeanor 180 days $ 1,000
Less than 30 g and prior drug offense Misdemeanor 1 year $ 5,000
30 g or more and prior drug offense Felony 6 months - 2 1/2 years $ 10,000
Conditional discharge may be available for first-time offenders.

Sale or Cultivation

Less than 30 g Misdemeanor 1 year $ 5,000
30 g - less than 10 lbs Felony 6 months - 2 1/2 years $ 10,000
10 lbs or more Felony 1 - 6 years $ 10,000
To a minor Felony 1 - 6 years $ 10,000
Prior drug offense carries a greater penalty. See details section for more information.

Hash & Concentrates

Possession

5 g or more Felony 6 months - 2 1/2 years $ 10,000

Manufacture

Less than 5 g Misdemeanor 1 year $ 5,000
5 g – less than 300 g Felony 6 months - 2 1/2 years $ 10,000
300 g or more Felony 1 - 6 years $ 10,000
Prior drug offense carries a greater penalty. See details section for more information.

Paraphernalia

Possession, Dealing or Manufacture Infraction N/A $ 10,000
Possession, Dealing or Manufacture (subsequent conviction) Felony 6 months - 2 1/2 years $ 10,000

Miscellaneous

Presence where knowledge of drug activity occurs Misdemeanor 6 months $ 1,000
Possession, sale, or distribution conviction will result in a driver's license suspension.

Penalty Details

Marijuana, which includes hash and hash oil under the Indian Criminal Code, is listed as a Schedule I drug.

See

  • 35-48-2-1, et seq. of the Indiana Criminal Code
  • 35-48-2-4(d)(22) of the Indiana Criminal Code
  • 35-48-4-10,11 of the Indiana Criminal Code

Possession for Personal Use

Possession of marijuana is a Class B misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a Class A misdemeanor punishable by up to 1 year imprisonment and a fine of not more than $5,000. Possession of at least 30 grams of marijuana with a prior conviction for a drug offense is a Level 6 felony punishable by 6 months - 2 ½ years imprisonment, with the advisory sentence being 1 year and may be fined not more than $10,000. Possession with intent to manufacture, finance the manufacture of, deliver, or, finance the delivery of shall follow the violations listed under “Sale or Cultivation.” Conditional discharge may be available for first-time offenders.

See

  • 35-48-4-11 of the Indiana Code
  • 35-48-4-12 of the Indiana Code
  • 35-50-2-7(b) of the Indiana Code
  • 35-50-3-3 of the Indiana Code

Sale/Cultivation

The sale of less than 30 grams is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months - 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 30 grams - less than 10 pounds is a Level 6 felony punishable by 6 months - 2 ½ years imprisonment and a maximum fine of $10,000.

The sale of 10 pounds or more is a level 5 felony punishable by 1 - 6 years imprisonment and a maximum fine of $10,000.

The sale of any amount to a minor is a level 5 felony punishable by 1 - 6 years imprisonment and a maximum fine of $10,000.

See

  • 35-48-4-10 of the Indiana Code

Hash & Concentrates

A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, or hashish commits a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. Conditional discharge may be available for first-time offenders.

Possession of more than 2 grams of hashish or concentrate, or if the person has a prior conviction of an offense involving marijuana, hash oil, or hashish and is in possession less than 2 grams, then the crime is a level 6 felony, punishable by 6 months to 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • § 35-48-4-10 of the Indiana Code
  • § 35-48-4-11 of the Indiana Code
  • § 35-48-4-12 of the Indiana Code
  • § 35-50-3-2 of the Indiana Code
  • § 35-5-2-7 of the Indiana Code

Manufacture or sale of less than 5 grams of hash oil, or hashish is a class A misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000. A subsequent offense is a level 6 felony punishable by 6 months - 2 ½ years imprisonment and a maximum fine of $10,000.

If the amount is at least 5 - but less than 300 grams the offense is a level 6 felony punishable by 6 months - 2 ½ years imprisonment and a maximum fine of $10,000. A subsequent offense if a person has a prior drug dealing offense is a level 5 felony punishable by punishable by 1 - 6 years imprisonment and a maximum fine of $10,000.

If the amount involved is at least 300 grams the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 - 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

If the offense involved a sale to a minor the offense is a level 5 felony punishable by a fixed term of imprisonment of 1 - 6 years with the advisory sentence being 3 years and a fine of not more than $10,000.

See

  • § 35-48-4-10 of the Indiana Code

Paraphernalia

Manufacture

Manufacture of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A Subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • 34-28-5-4 of the Indiana Code
  • 35-48-4-8.1 of the Indiana Code
Possession

Possession of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • 34-28-5-4 of the Indiana Code
  • 35-48-4-8.3 of the Indiana Code
Sale

Dealing in paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A person is dealing in paraphernalia and has a prior unrelated judgment or conviction may be convicted of a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

See

  • 34-28-5-4 of the Indiana Code
  • 35-48-4-8.5 of the Indiana Code

Miscellaneous

Presence "where knowledge of drug activity occurs" is a misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.

A possession, sale, or distribution conviction will result in a driver's license suspension for 6 months- 2 years.

See

  • 9-30-4-6(b)(6) of the Indiana Code
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.