Unfortunately, the state of Indiana has been slow to enact cannabis law reform despite support from its constituents. Recreational cannabis possession in any amount is still a serious crime in the state, and efforts to legalize medical cannabis in the state have gained little traction within the legislature.
CBD from Hemp Oil in Indiana
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in Indiana
Despite that an October 2016 poll found 73 percent of Indiana voters support the legalization of medical cannabis, the state of Indiana has yet to pass medical cannabis legislation of any sort, so those seeking to use cannabis for medical purposes are subject to the same penalties as recreational marijuana users. Sen. Karen Tallian introduced a comprehensive medical cannabis bill in 2016, but the Indiana General Assembly concluded in 2016 session without making progress.
Recreational Cannabis in Indiana
Unfortunately, there has been little effort by Indiana lawmakers to ease punishments for recreational cannabis. Possession of any amount of recreational cannabis in Indiana is charged as a Class A misdemeanor, punishable by 180 days in jail with a fine of $1,000. Possession of less than 30 grams with a prior drug offense is punishable by 1 year in jail and $5,000 in fines. Possession of any quantity greater than this (with a prior drug offense) is a felony, with up to 2.5 years in prison and $10,000. Note that conditional discharge can be given to first-time offenders, where they can be given probation over jail time and have the charges removed from their record.
Sale of less than 30 grams of recreational cannabis is a misdemeanor punishable by 1 year in prison and $5,000 in fine. Sale of higher quantities is a felony with up to 6 years in jail and $10,000 in fines.
In Indiana, even being in the presence where knowledge of drug activity occurs is a misdemeanor, punishable by 6 months incarceration and a $1,000 fine.
Cultivation of Cannabis in Indiana
Personal cannabis cultivation, whether for recreational or medical use, is illegal in Indiana. The state was, however, one of the first states to authorize the production of industrial hemp for commercial and research purposes, with the passing of Senate Bill 357 in 2014. Indiana’s University of Purdue has led one of the most visible industrial hemp cultivation programs since the law passed.
Resources:
- http://iga.in.gov/legislative/2014/bills/senate/357/#
- http://norml.org/laws/item/indiana-penalties-2
- https://www.mpp.org/states/indiana/
