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Indiana  Marijuana Laws

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

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.

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.

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.

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.

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.

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.

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.

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.

Indiana Medical Marijuana Laws

MEDICAL CBD
This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC for any “medical condition” for which a physician recommends it.