Is Weed Legal in Indiana? (2026)

Instrument

Schedule I marijuana listing; possession of marijuana; Class B misdemeanor penalty

Source

https://iga.in.gov/laws/2026/ic/titles/35#35-48-4-11

Retrieved

2026-11-07

Fingerprint

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IC 35-48-2-4 Schedule I
Sec. 4. (a) The controlled substances listed in this
section are included in schedule I.
(d) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic, psychedelic, or psychogenic substances, their salts,
isomers, and salts of isomers whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific chemical
designation (for purposes of this subsection only, the term "isomer"
includes the optical, position, and geometric isomers):
Marijuana (7360).

IC 35-48-4-11Possession of marijuana, hash oil, hashish, or salvia

     Sec. 11. (a) A person who:
(1) knowingly or intentionally possesses (pure or adulterated)
marijuana, hash oil, hashish, or salvia;
(2) knowingly or intentionally grows or cultivates marijuana; or
(3) knowing that marijuana is growing on the person’s premises,
fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, or salvia, a Class
B misdemeanor, except as provided in subsections (b) through (c).
     (b) The offense described in subsection (a) is a Class A
misdemeanor if:
(1) the person has a prior conviction for a drug offense; or
(2) the:
(A) marijuana, hash oil, hashish, or salvia is packaged in a
manner that appears to be low THC hemp extract; and
(B) person knew or reasonably should have known that the
product was marijuana, hash oil, hashish, or salvia.
     (c) The offense described in subsection (a) is a Level 6 felony if:
(1) the person has a prior conviction for a drug offense; and
(2) the person possesses:
(A) at least thirty (30) grams of marijuana; or
(B) at least five (5) grams of hash oil, hashish, or salvia.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts
1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983,
SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012,
SEC.234; P.L.78-2012, SEC.15; P.L.196-2013, SEC.23; P.L.158-2013,
SEC.638; P.L.168-2014, SEC.102; P.L.226-2014(ts), SEC.12;
P.L.188-2017, SEC.13; P.L.153-2018, SEC.26.

IC 35-50-3-3Class B misdemeanor

     Sec. 3. A person who commits a Class B misdemeanor
shall be imprisoned for a fixed term of not more than one hundred
eighty (180) days; in addition, he may be fined not more than one
thousand dollars ($1,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts
1977, P.L.340, SEC.125.