Indiana Statewide Rule

Indiana Marijuana Dispensary Statewide Prohibition Preempts Zoning

Heavy RestrictionsApplies statewide across Indiana (2026)

Key Facts

Governing statute: IC 35-48-4-10
Legal status: Fully prohibited
Local licensing: Not authorized
Hemp products: Under 0.3% THC allowed
Asset forfeiture: IC 34-24-1 applies

Last verified: September 5, 2026Source: State of Indiana

Summary

Indiana prohibits marijuana dispensaries entirely under IC 35-48-4. Because no licensed retail framework exists, cities cannot zone for or permit dispensaries. The statewide prohibition preempts any local authorization scheme.

Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; marijuana, hash oil, hashish, or salvia, pure or adulterated; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; marijuana, hash oil, hashish, or salvia, pure or adulterated; commits dealing in marijuana, hash oil, hashish, or salvia, a Class A misdemeanor, except as provided in subsections (b) through (d).

Source: State of IndianaView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can a city create a medical marijuana zoning overlay?

No. Without enabling state legislation, any local marijuana licensing scheme is void. Indiana courts would invalidate municipal ordinances purporting to authorize dispensaries under field preemption.

Are CBD or delta-8 stores legal in Indiana?

Hemp-derived CBD products under 0.3 percent delta-9 THC are legal under IC 15-15-13. Delta-8 THC sits in a gray zone and faces ongoing legislative debate; smokable flower restrictions still apply.

Sources

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