Indiana Marijuana Dispensary Statewide Prohibition Preempts Zoning

Indiana has neither a medical nor adult-use marijuana program. IC 35-48-4-10 makes delivery, financing of delivery, possession with intent to deliver, or manufacture a Level 6 felony, escalating with quantity. Without an enabling statute, no local government may issue a license or zoning variance for a marijuana retail business. The Indiana Alcohol and Tobacco Commission has no marijuana licensing authority. Hemp-derived products under 0.3 percent delta-9 THC may be sold subject to IC 35-48-1-17.5 and IC 15-15-13. Smokable hemp manufacturing is restricted under HEA 1224-2019, with retail rules unsettled.

Operating a marijuana dispensary is a Level 5 felony for delivery of 10 pounds or more, punishable by 1 to 6 years imprisonment and fines up to $10,000, plus property forfeiture under IC 34-24-1.