Indiana Laws and Penalties

• Conditional Release
• Drugged Driving
• Legalized CBD
• Low THC
• Tax Stamps

Offense	Penalty	Incarceration	Max. Fine
Possession
CBD products with less than 0.3% THC	None	None	$ 0
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
CBD products containing less than 0.3 percent THC are exempt from the criminal code. See Penalty Details.
Conditional discharge may be available for first-time offenders.
Sale or Cultivation
CBD products with less than 0.3% THC	None	None	$ 0
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
CBD products containing less than 0.3 percent THC are exempt from the criminal code. See Penalty Details.
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

NOTE: Indiana law explicitly exempts CBD (cannabidiol) products containing less than 0.3 percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell in accordance with applicable licensing laws.

• SB 52

Possession for Personal Use

Possession of marijuana is a 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 misdemeanor punishable by up to one 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 felony punishable by six months to 2 ½ years imprisonment, and a fine of 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.

• § 35-48-4-11(a), (b), (c) of the Indiana Code 
• § 35-48-4-12 of the Indiana Code 

Sale/Cultivation

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

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

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

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

CBD products containing less than 0.3 percent THC are exempt from the criminal code. 

Prior drug offense carries a greater penalty.

• § 35-48-4-10(a), (c), (d) of the Indiana Code
• § 35-48-4-10 of the Indiana Code
• SB 52

Hash & Concentrates

Possession of more than five grams of hashish or concentrate with a prior conviction for a drug offense is a felony punishable by six months to 2 ½ years imprisonment and a maximum fine of $10,000.

• § 35-48-4-11(c) of the Indiana Code

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

If the amount is at least five grams but less than 300 grams, the offense is a felony punishable by six months to 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 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 felony punishable by a fixed term of imprisonment of 1 – 6 years and a fine of not more than $10,000.

Prior drug offense carries a greater penalty.

• § 35-48-4-10(a), (c), (d) of the Indiana Code
• § 35-48-4-10 of the Indiana Code

Paraphernalia

Possession, dealing, or manufacture of paraphernalia is an infraction punishable by up to a $10,000 fine. A Subsequent conviction is a felony punishable by six months – 2 ½ years imprisonment and a maximum fine of $10,000.

• §§ 35-48-4-8.1, 8.3, 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.

More Information