Indiana Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| 30 g or less | misdemeanor | 1 year | $ 5,000 |
| More than 30 g | felony | 6 mos - 3 years | $ 10,000 |
| Conditional discharge may be available for first-time offenders. | |||
Sale or Cultivation | |||
| 30 g or less | misdemeanor | 1 year | $ 5,000 |
| 30 g - 10 lbs | felony | 6 mos - 3 years | $ 10,000 |
| More than 10 lbs | felony | 2 - 8 years | $ 10,000 |
| Within 1000 feet of a school or other specified areas | felony | 2 - 8 years | $ 10,000 |
| To a minor | felony | 6 mos - 3 years | $ 10,000 |
Hash & Concentrates | |||
| Possession | felony | 1 year | $ 5,000 |
| Manufacture | felony | 1 year | $ 5,000 |
Paraphernalia | |||
| Possession of paraphernalia | infraction | N/A | $ 10,000 |
| Subsequent conviction | felony | 6 mos - 3 years | $ 10,000 |
Miscellaneous (license suspensions, civil damages, etc...) | |||
| Presence where knowledge of drug activity occurs | misdemeanor | 6 mos | $ 1,000 |
| Possession, sale, or distribution conviction will result in a driver's license suspension. | |||
Penalty Details
Please see:
- 35-48-2-1, et seq. of the Indiana Criminal Code
- 35-48-4-10,11 of the Indiana Criminal Code
Possession for Personal Use
Possession of 30 grams or less is 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 30 grams is a Class D felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.
Please see:
- 35-48-4-11 of the Indiana Code
Sale/Cultivation
The sale of 30 grams or less is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $5,000.
The sale of more than 30 grams-10 lbs. is a Class D felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.
The sale of more than 10 lbs. or within 1,000 feet of a school or other specified areas is a felony punishable by 2-8 years imprisonment and a maximum fine of $10,000.
The sale of any amount to a minor is a Class D felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.
Please 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 Class D felony, punishable by 6 months to 3 years imprisonment and a maximum fine of $10,000.
See:
- § 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
A person who:
- knowingly or intentionally:
- manufactures;
- finances the manufacture of;
- delivers; or
- finances the delivery of; hash oil, or hashish, pure or adulterated; OR
- possesses, with intent to:
- manufacture;
- finance the manufacture of;
- deliver; or
- finance the delivery of; marijuana, hash oil, or hashish, pure or adulterated;
Is guilty of a Class A misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $5,000.
If, however:
- the recipient or intended recipient is under eighteen (18) years of age;
- the amount involved is more than 2 grams but less than 300 grams of hash oil or hashish; or
- the person has a prior conviction of an offense involving marijuana, hash oil, or hashish; then the crime is a Class D Felony, punishable by 6 months to 3 years imprisonment and a maximum fine of $10,000.
If more than 300 grams of hashish or concentrate is involved, however, then the offense is a Class C felony, punishable by 2 to 8 years imprisonment and a maximum fine of $10,000.
See:
- § 35-48-4-10 of the Indiana Code
Miscellaneous
Possession of paraphernalia is an infraction punishable by a maximum fine of $10,000.
A subsequent conviction for possession or sale of paraphernalia is a felony punishable by 6 months-3 years imprisonment and a maximum fine of $10,000.
Please see:
- 35-48-4-8.3 of the Indiana Code
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.
Please 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 any 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 threshold. For more information, see NORML's Drugged Driving (DUID) report.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
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.
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