State Law Tracker · Indiana

Cannabis and hemp law in Indiana

In Indiana, recreational cannabis is illegal, there is no medical cannabis program, and delta-8 THC's legal status is unclear.

Last verified October 24, 2026 · Last major change November 2025

RecreationalIllegal MedicalNo program Delta-8Unclear

Is recreational cannabis legal in Indiana?

Illegal. Illegal; possession of any amount is a criminal misdemeanor. Decriminalization bills filed in 2025 (HB 1145) and 2026 (HB 1191) did not pass.

Is medical cannabis legal in Indiana?

No program. No medical cannabis program; state law allows low-THC hemp extract (CBD) with no more than 0.3% delta-9 THC.

What are the rules for hemp products in Indiana?

Delta-8 products are sold without a state regulatory framework. SB 250, a 2026 bill to ban intoxicating and synthetic hemp products, passed the Senate 35-13 but died in the House in February 2026.

Is delta-8 THC legal in Indiana?

Unclear. A January 2023 attorney general opinion says delta-8 is a Schedule I controlled substance; in March 2025 a federal judge said the question of its legality belongs to Indiana's courts.

What happens if you break the law in Indiana?

First-offense possession of marijuana is a Class B misdemeanor punishable by up to 180 days in jail and a $1,000 fine.

Is cannabis or hemp law changing in Indiana?

In danger. Federal law removes cannabinoids that cannot occur naturally from the hemp definition on Nov 12, 2026 and caps hemp products at 0.4 mg total THC per container on Dec 11, 2026; Indiana has no medical program.

In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.

Sources

  1. norml.org/laws/indiana-penalties-2/
  2. www.ipm.org/news/2026-02-24/indiana-hemp-drug-ban-early-voting-restrictions-die-at-deadline
  3. theindianalawyer.com/?p=233476
  4. ganjapreneur.com/congress-agrees-to-delay-federal-hemp-ban-by-one-month/
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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