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Indiana Recreational & Medical Marijuana Laws

What's the real status on Indiana marijuana laws?

Do you need to know the real story on Indiana recreational marijuana and medical marijuana laws? Or, were you looking for tangible information and details on whether CBD and CBD products are legal within Indiana? Here are other ways you may have found this page on Indiana marijuana and CBD laws:
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Indiana marijuana laws

Possession, sale, and manufacture of marijuana are subject to state and federal law. In Indiana, marijuana is classified as a Schedule I substance, including drugs with a high potential for abuse and no recognized medical value. (Ind. Code Ann. § 35-48-2-4 (2019).) Therefore, although not covered in this article, driving under the influence of marijuana in Indiana is an offense.

Indiana medical marijuana law

House Bill 1026 will allow anyone with a severe medical condition as prescribed by a physician to purchase upto one ounce of marijuana from state-licensed outlets and grow up to six (up to 3 mature plants) of marijuana for therapeutic use. House Bill 1214 will allow eligible patients, with a physician’s recommendation, to legally purchase and own upto eight ounces of marijuana and grow up to 12 marijuana plants for therapeutic use.

House Act 1547 would allow eligible patients to access up to one and a half ounces of medicinal cannabis in 14 days. This action also reduces penalties for marijuana possession and eliminates marijuana use as a violation of conditions. Separately, Senate Bill 104 creates a defense to prosecution for possessing up to an ounce of marijuana and marijuana paraphernalia if the individual is registered as a medical cannabis patient in another state.

Indiana law on recreational marijuana use

There are two significant obstacles to legalization in Indiana: a part-time, Republican-led legislature and a staunchly anti-marijuana Republican governor who has vowed to block all efforts. However, polls show high support for medical marijuana among voters, with 42% supporting only medical use and 39% supporting full legalization. For years, bipartisan bills surfaced and sank in Indiana. Some were for medical marijuana, others for full legalization, but so far, they’ve all failed, at least in part because of state’s limited legislative session — the Indiana constitution calls for a 91-day session divided over two years: That’s only 30 days in 2020 and 61 days in 2021.

Indiana law on the use of CBD oils

Hoosiers will be pleased to hear that the requirements to meet the CBD outlined in the 2018 Farm Bill are legal in their state. This means that hemp-derived CBD with 0.3% THC contents is legal in Indiana, which is reason to cheer as if you were rooting for your favorite race car driver in Indianapolis-500. Before this was the case, low THC CBD was legal for patients with predisposing conditions. Now, it is open to all. The state does not have a medical marijuana program now that the new law has replaced the first program. Indiana law strictly prohibits marijuana.

Indiana marijuana penalties

The possession of marijuana is a Class B misdemeanor punishable by no more than 180 days and a possible fine of more than $1,000. Possession of fewer than 30 grams and a previous drug offense is a first-degree misdemeanor punishable by upto one year in prison and a fine of no more than $5,000. Possession of at least 30 grams of marijuana with a previous conviction for a drug offense is a Level 06 felony punishable by six months – 2 years in prison, with an advisory sentence of 1 year. It may not be fined more than $10,000. In addition, possession must follow with intent to manufacture, finance manufacture, deliver, or finance violations listed under “Selling or Farming.” Conditional discharge may be available to first-time offenders.

Indiana Marijuana Laws in relation to the US Federal Government

As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This gives Indiana the power to mostly set and enforce its own marijuana laws regarding recreational and medical marijuana usage, possession and distribution.

Indiana Law and other US States

Indiana's marijuana and CBD laws and penalties are unique to Indiana. States other than Indiana have their own laws about medical marijuana and recreational marijuana, as well as CBD derivatives. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.

The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.

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