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Indiana

Regulatory Framework

In Indiana, regulation of cannabis-related activities is governed by stringent laws, specifically under the Indiana Code 35-48-4-11, which classifies various cannabis-possession activities as misdemeanors or felonies based on the circumstances such as the quantity possessed and prior offenses [^1].

Legal Status

As of 2024, cannabis was illegal in Indiana with recreational possession and cultivation uses outlawed under Indiana Code 35-48-4. [^2] Licensing for plants meeting the US federal 2018 Farm Bill qualifications for hemp was legalized, and limited CBD products were allowed through bills passed between 2017 and 2019. [^3] Hemp legalization legislation was introduced at the beginning of the year, but wasn't passed into law. [^4]

Under Indiana Code 15-15-13, the Office of the State Chemist is tasked with regulating "licensing of agricultural hemp growers, handlers and seed producers," but doesn't have oversight over hemp products or their sale. [^5][^6] Hemp cultivation is also regulated throught the State Seed Commissioner.

In January 2023, the state Attorney General issued an official opinion on hemp cannabinoid products which stated, in part, "THC variants...fall within the currently defined controlled substance 'Tetrahydrocannabinols' as a Schedule I controlled substance within Ind. Code 35-48-2-4(d)(31)." [^7] The opinion required local prosecutors and police decide when action against sales of hemp products was warranted. [^8]

Market Status Act/Law Year
Adult-Use Illegal IC 35-48-4-11 (2023) [^1] 1976
Medical Illegal IC 35-48-4-11 (2023) [^1] 1976
Homegrow Illegal IC 35-48-4-10 (2023) [^2] 1976

Track-and-Trace

Since all cannabis items are illegal in Indiana, there is no track-and-trace system for cannabis products, nor does the state monitor sale or distribution of hemp products.

Licensing

Due to the prohibition of cannabis in all forms, Indiana does not provide any licenses for cannabis operations. The Indiana Department of Agrculture does offer hemp licensing information through 2022, along with an interactive map of hemp grown in the state. [^9][^10]

License Type Description
Hemp State issues licenses for growers, handlers and seed producers [^6]

Possession Limits

Possession of cannabis in any amount is illegal in Indiana, and may be charged as a misdemenaor or felony depending on whether an individual has a prior conviction for a drug offense. [^1]

Medical Cannabis

While Indiana legalization of hemp CBD products acknowledged medical utility of the compound, [^3] the state doesn't have a formal medical cannabis program. Advocates have suggested changes in federal cannabis scheduling may lead state lawmakers to pass new medical policies into law in 2025. [^11]

Additional Resources

References