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Indiana Laws & 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:

  1. knowingly or intentionally:
    1. manufactures;
    2. finances the manufacture of;
    3. delivers; or
    4. finances the delivery of; hash oil, or hashish, pure or adulterated; OR
  2. possesses, with intent to:
    1. manufacture;
    2. finance the manufacture of;
    3. deliver; or
    4. 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:

  1. the recipient or intended recipient is under eighteen (18) years of age;
  2. the amount involved is more than 2 grams but less than 300 grams of hash oil or hashish; or
  3. 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 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.

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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