Indiana
Indiana has enacted no medical or adult-use cannabis law. Cannabis containing more than 0.3 percent delta-9 THC remains a Schedule I controlled substance under IC 35-48-2-4, criminalized both for possession (IC 35-48-4-11) and for dealing and manufacturing (IC 35-48-4-10). The only cannabis-derived products that may be sold or possessed legally are low-THC hemp extract, defined as not more than 0.3 percent delta-9 THC under IC 35-48-1-17.5 and legalized by SEA 52 in 2018, and federally compliant hemp under the 2018 Farm Bill. No flower, concentrate, edible, or other product with psychoactive THC is legal for any use. Because there is no legal market, the state has no cultivation, manufacturing, or retail licenses, no seed-to-sale tracking system, no cannabis tax, no regulatory agency, and no social-equity program; these are absent by structure, not unreported. Recent statutory change has been modest and net-lighter rather than harsher: SEA 52 legalized low-THC hemp extract in 2018, and effective July 1, 2021 the legislature added an affirmative defense to the zero-tolerance impaired-driving statute for a driver with only cannabis or its metabolite in the blood who was not intoxicated and caused no accident. Core possession and dealing penalties are unchanged. Possession of any amount remains a Class B misdemeanor.
Licensing & Market
Indiana has no cannabis licensing framework. There is no cultivation, manufacturing, or retail license category; no license caps, residency rules, or application fees; no seed-to-sale tracking system; and no municipal opt-in or opt-out structure, a concept that presupposes a legal market. Every market-access metric is therefore not available in the public record because the program does not exist, not because the figures are unreported.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | Not available in the public record | — |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | Not available in the public record | — |
| Retail licenses awarded | Not available in the public record | — |
| Retail licenses operational | Not available in the public record | — |
| Retail activation rate | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Vertical integration | Not available in the public record | — |
| License caps exist | Not available in the public record | — |
| Licenses transferable | Not available in the public record | — |
| Residency required | Not available in the public record | — |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Not available in the public record | — |
| Cultivator application fee | Not available in the public record | — |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
There is no legal channel through which an adult may purchase cannabis in Indiana. Possession of any amount is criminalized, so the state sets no lawful possession limit, purchase limit, or product-form allowance. Home cultivation is illegal and is prosecuted as manufacturing under the dealing statute, IC 35-48-4-10, with no personal-cultivation exemption. Retail delivery and on-site consumption venues are not authorized. The only cannabis-derived products that may be sold or possessed legally are low-THC hemp extract at not more than 0.3 percent delta-9 THC under IC 35-48-1-17.5 and federally compliant hemp; all flower, concentrate, edible, and other products above that THC threshold remain criminalized controlled substances.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [5] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | No | [6] |
| Delivery operational | No | [7] |
| Consumption lounges legal | No | [8] |
| Consumption lounges count | Not available in the public record | — |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | No | [9] |
| Restricted product forms | All cannabis containing more than 0.3% delta-9 THC is illegal in Indiana for every use (recreational and medical). The only legal cannabis-derived products are 'low THC hemp extract' (<=0.3% delta-9 THC, including precursors) under IC 35-48-1-17.5 / SEA 52 (2018) and hemp products under the federal 2018 Farm Bill. No flower, concentrate, edible, or other product with psychoactive THC may be sold or possessed legally. | [10] |
Taxation
Indiana levies no cannabis tax of any kind. There is no excise tax, no cannabis-specific sales tax, no wholesale tax, and no potency tax, because there is no legal cannabis market to tax. The state collects no cannabis tax revenue. These are affirmative facts that follow from prohibition, not gaps in reporting.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | none | [11] |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [12] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | Not available in the public record | — |
| Medical tax exempt | Not available in the public record | — |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | Not available in the public record | — |
| Tax direction | Not available in the public record | — |
Operator Data
There are no legal cannabis operators in Indiana. With no licensed cultivation, manufacturing, or retail, the state has no legal sales, no wholesale or retail prices, and no operator margins to measure. Every operator-outcome metric is not available in the public record because no legal market exists to generate one.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | Not available in the public record | — |
Consumer Data
There are no legal cannabis sales or dispensaries in Indiana, so per-capita sales and dispensary density do not exist as measured values. No primary Indiana source quantifies the size of the wholly unregulated market, so the volume of cannabis consumption occurring outside any legal channel cannot be stated from public records.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Indiana has no cannabis legalization law and therefore no cannabis social-equity program, no equity license category, and no dedicated cannabis equity or reinvestment fund. The state's general expungement statute, the Second Chance Law (IC 35-38-9), permits petition-based sealing or expungement of conviction records, including cannabis convictions; it is not cannabis-specific and is not automatic for convictions, which require the person to file and meet statutory waiting periods. Indiana publishes no count of cannabis records cleared and no cannabis ownership demographics.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [13] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [14] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | Yes | [15] |
| Expungement automatic | No | [16] |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Indiana has no cannabis regulatory agency, regulatory budget, inspection regime, mandatory-testing requirement, product-recall system, or licensee fine schedule, because there are no licensees. Enforcement against cannabis in Indiana is criminal rather than regulatory, carried out by police and prosecutors and reflected in the criminalization posture. The regulatory enforcement metrics tracked for legal-market states are therefore not available, not because enforcement does not occur, but because no licensing regime exists to generate them.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Not available in the public record | — |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Possession of any amount of cannabis is a Class B misdemeanor under IC 35-48-4-11, carrying up to 180 days and a fine up to $1,000; with a prior drug conviction, less than 30 grams is a Class A misdemeanor and 30 grams or more is a Level 6 felony. Indiana has no lawful possession amount. Dealing and manufacturing are charged under IC 35-48-4-10: a Class A misdemeanor for less than 30 grams, a Level 6 felony with a prior drug conviction or for 30 grams to less than 10 pounds, and a Level 5 felony for 10 pounds or more, sale to a minor, or a prior dealing conviction. The Level 5 felony, carrying 1 to 6 years and a fine up to $10,000, is the statutory maximum for cannabis dealing. The 30-gram threshold triggers a felony for dealing regardless of criminal history. Cultivation is prosecuted as manufacturing under the same statute. Indiana sets no per se numeric THC blood limit for impaired driving, applying instead a zero-tolerance standard under IC 9-30-5-1 that criminalizes operating a vehicle with any detectable Schedule I substance or its metabolite; an affirmative defense added July 1, 2021 applies where the driver had only cannabis or its metabolite in the blood, was not intoxicated, and caused no accident. Cannabis convictions may be expunged only by petition under the general Second Chance Law, not automatically. A statewide post-legalization arrest series does not apply, and no clean current statewide cannabis-arrest total was sourced to a primary record. The ACLU, analyzing 2018 FBI Uniform Crime Reporting arrest data, reported that Black residents of Indiana were 3.5 times more likely than white residents to be arrested for cannabis possession.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Cultivation is prosecuted as 'manufacturing' under the dealing statute, IC 35-48-4-10. Base offense is a Class A misdemeanor (up to 1 year, up to $5,000). It rises to a Level 6 felony (6 months-2.5 years, up to $10,000) with a prior drug conviction or where 30 g to less than 10 lb is involved, and to a Level 5 felony (1-6 years, up to $10,000) where 10 lb or more is involved, the person has a prior dealing conviction with 30 g-10 lb, or enhancing circumstances apply (e.g., delivery/manufacture in the presence of or to a minor). | [17] |
| Max penalty, unlicensed sale | Dealing in marijuana (IC 35-48-4-10): Class A misdemeanor for less than 30 g (up to 1 year, up to $5,000); Level 6 felony (6 months-2.5 years, up to $10,000) with a prior drug conviction or for 30 g to less than 10 lb; Level 5 felony (1-6 years, up to $10,000) for 10 lb or more, sale to a minor, or a prior dealing conviction involving 30 g-10 lb. Level 5 felony is the statutory maximum for marijuana dealing. | [18] |
| Felony threshold (grams) | 30 | [19] |
| Felony threshold type | sale | [20] |
| Penalty, possession over limit | There is no lawful possession amount in Indiana. Possession of any amount of marijuana is a Class B misdemeanor (up to 180 days, up to $1,000) under IC 35-48-4-11; with a prior drug conviction it is a Class A misdemeanor for less than 30 g (up to 1 year) and a Level 6 felony for 30 g or more (6 months-2.5 years). | [21] |
| Penalty, public consumption | Indiana has no distinct public-consumption offense; because all marijuana possession and use is criminalized, public use is charged as simple possession (Class B misdemeanor, IC 35-48-4-11) plus any applicable paraphernalia charge (IC 35-48-4-8.3). | [22] |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | Yes | [23] |
| Penalties increased post-legalization | Not available in the public record | — |
| Penalty direction | Not available in the public record | — |
| Penalty direction details | Indiana has not legalized medical or adult-use cannabis, so a 'post-legalization' penalty trajectory does not apply. Recent statutory changes are modest and net-lighter rather than harsher: SEA 52 (2018) legalized low-THC hemp extract (<=0.3% delta-9 THC), and effective July 1, 2021 the legislature added an affirmative defense to the zero-tolerance OWI statute (IC 9-30-5-1) for a driver with only marijuana or its metabolite in the blood who was not intoxicated, caused no accident, and was identified solely by chemical test. Core possession and dealing penalties (IC 35-48-4-10 and -11) are unchanged. | [24] |
| Post-legalization arrests (annual) | Not available in the public record | — |
| Racial disparity ratio | 3.5 | [25] |
| Expungement exists | Yes | [15] |
| Expungement automatic | No | [16] |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Indiana https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Indiana https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Statutory citations reflect the Indiana Code current through the 2024 edition; population is Census Vintage 2024 (July 1, 2024); the racial-disparity ratio reflects ACLU analysis of 2018 FBI UCR arrest data.
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates (NST-EST2024-POP), Indiana July 1, 2024 = 6,924,275 https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ Home cultivation is illegal. Growing cannabis is prosecuted as 'manufacturing' under the dealing statute, IC 35-48-4-10 (no personal-cultivation exemption exists). Official text: (readable mirror: https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/) https://iga.in.gov/laws/2024/ic/titles/35#35-48-4-10
- ↑ No legal cannabis market exists; sale/delivery of marijuana is criminalized as dealing under IC 35-48-4-10. Official text: (readable mirror: https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/) https://iga.in.gov/laws/2024/ic/titles/35#35-48-4-10
- ↑ No licensed cannabis retail or delivery exists in Indiana; marijuana sale/delivery is a criminal offense (IC 35-48-4-10) https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/
- ↑ No legal cannabis market or licensing framework exists; on-site consumption venues are not authorized and any use is criminalized (IC 35-48-4-11) https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-11/
- ↑ All cannabis with more than 0.3% delta-9 THC is illegal in any product form (IC 35-48-4-10, -11). Only low-THC hemp extract (<=0.3% delta-9 THC) is legal under IC 35-48-1-17.5 / SEA 52 (2018) https://iga.in.gov/legislative/2018/bills/senate/52
- ↑ IC 35-48-1-17.5 defines 'low THC hemp extract' as derived from industrial hemp, containing not more than 0.3% delta-9 THC (including precursors) and no other controlled substance; SEA 52 (2018) legalized its sale and possession. Everything above that THC threshold remains a criminalized controlled substance (IC 35-48-2-4; IC 35-48-4-10/-11) https://iga.in.gov/legislative/2018/bills/senate/52
- ↑ No state cannabis excise tax exists because no legal adult-use or medical cannabis market exists in Indiana (no taxing statute; cannabis is a criminalized Schedule I substance, IC 35-48-2-4) https://iga.in.gov/laws/2024/ic/titles/35
- ↑ No cannabis tax of any kind exists in Indiana; there is no legal cannabis market to tax https://iga.in.gov/laws/2024/ic/titles/35
- ↑ Indiana has no cannabis legalization law and therefore no cannabis social-equity program, equity license category, or equity fund https://iga.in.gov/laws/2024/ic/titles/35
- ↑ No cannabis program exists in Indiana; there is no dedicated cannabis equity or reinvestment fund https://iga.in.gov/laws/2024/ic/titles/35
- ↑ Indiana's general expungement statute, the Second Chance Law (IC 35-38-9), permits sealing/expunging of conviction records, including marijuana convictions; it is not cannabis-specific. Official PDF (Indiana Public Defender Council): https://www.in.gov/ipdc/files/TITLE35_AR38_ch9.pdf
- ↑ Under IC 35-38-9, expungement of a CONVICTION is petition-based (the person must file and meet waiting periods). Automatic expungement applies only to arrests/charges that were dismissed or resulted in acquittal, not to marijuana convictions https://www.in.gov/ipdc/files/TITLE35_AR38_ch9.pdf
- ↑ Indiana Code 35-48-4-10 (Dealing in marijuana, hash oil, hashish, or salvia) treats cultivation as manufacturing. Penalty tiers (Class A misdemeanor base; Level 6 felony with prior or 30 g-<10 lb; Level 5 felony for >=10 lb, sale to minor, or prior dealing conviction). Sentencing ranges: IC 35-50-2 (Level 5 = 1-6 yrs; Level 6 = 6 mo-2.5 yrs) and IC 35-50-3 (Class A misd = up to 1 yr). Official text: (readable mirror: https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/) https://iga.in.gov/laws/2024/ic/titles/35#35-48-4-10
- ↑ Indiana Code 35-48-4-10 (Dealing in marijuana). Class A misdemeanor (<30 g); Level 6 felony (prior drug conviction or 30 g-<10 lb); Level 5 felony (>=10 lb, sale to a minor, or prior dealing conviction with 30 g-10 lb). Level 5 felony (1-6 years, up to $10,000) is the statutory maximum for marijuana dealing. Official text: (readable mirror: https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/) https://iga.in.gov/laws/2024/ic/titles/35#35-48-4-10
- ↑ Indiana Code 35-48-4-10: dealing/manufacturing reaches a Level 6 felony at 30 grams (at least 30 g but less than 10 lb) regardless of priors, or below 30 g with a prior drug conviction. (Possession reaches a felony at 30 g only with a prior drug conviction, IC 35-48-4-11.) https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/
- ↑ Indiana Code 35-48-4-10: the 30-gram threshold that triggers a felony regardless of criminal history applies to dealing/manufacturing (sale) https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-10/
- ↑ Indiana Code 35-48-4-11 (Possession of marijuana, hash oil, hashish, or salvia): any amount is a Class B misdemeanor (up to 180 days, up to $1,000); with a prior drug conviction, <30 g is a Class A misdemeanor and >=30 g is a Level 6 felony. Official text: (readable mirror: https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-11/) https://iga.in.gov/laws/2024/ic/titles/35#35-48-4-11
- ↑ Indiana has no separate public-consumption statute; all possession/use is criminalized under IC 35-48-4-11, and paraphernalia under IC 35-48-4-8.3 https://law.justia.com/codes/indiana/title-35/article-48/chapter-4/section-35-48-4-11/
- ↑ Indiana Code 9-30-5-1(c): a person who operates a vehicle with a Schedule I or II controlled substance (marijuana is Schedule I, IC 35-48-2-4) OR ITS METABOLITE in the blood commits a Class C misdemeanor - a per se zero-tolerance standard with no numeric threshold. Effective July 1, 2021, an affirmative defense applies if the substance is marijuana/metabolite, the person was not intoxicated, caused no accident, and was identified only by chemical test. Official text: (readable mirror: https://law.justia.com/codes/indiana/title-9/article-30/chapter-5/section-9-30-5-1/) https://iga.in.gov/laws/2024/ic/titles/9#9-30-5-1
- ↑ SEA 52 (2018) legalized low-THC hemp extract (); the July 1, 2021 OWI affirmative-defense amendment to IC 9-30-5-1 softened the zero-tolerance drugged-driving rule for marijuana metabolite (https://law.justia.com/codes/indiana/title-9/article-30/chapter-5/section-9-30-5-1/). Core possession/dealing penalties (IC 35-48-4-10/-11) are unchanged https://iga.in.gov/legislative/2018/bills/senate/52
- ↑ [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020), Indiana data - Black Hoosiers were 3.5x more likely than white Hoosiers to be arrested for marijuana possession (2010-2018, anchored on 2018 FBI UCR arrest data). - underlying primary: FBI Uniform Crime Reporting Program 2018 arrest data https://www.aclu-in.org/en/news/racial-disparities-indiana-marijuana-arrests