Indiana Statewide Rule
Indiana Marijuana Home Cultivation Statewide Prohibition
Key Facts
- Governing statute
- IC 35-48-4-10
- Cultivation classification
- Level 6 felony minimum
- Maximum prison (Level 6)
- Up to 2.5 years
- Medical program
- None
- Local authorization
- Not permitted
Summary
Indiana prohibits all marijuana cultivation, possession, and use under IC 35-48-4. No medical or recreational program exists, and home cultivation is a felony statewide. Local governments cannot authorize marijuana growing.
Sec. 11. (a) A person who: (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia; (2) knowingly or intentionally grows or cultivates marijuana; or (3) knowing that marijuana is growing on the person's premises, fails to destroy the marijuana plants; commits possession of marijuana, hash oil, hashish, or salvia, a Class B misdemeanor, except as provided in subsections (b) through (c).
Full Breakdown
Under IC 35-48-4-11, possession of marijuana is a Class B misdemeanor for any amount, escalating to Class A misdemeanor with prior drug convictions and Level 6 felony for 30 grams or more with priors. Cultivation, manufacturing, or delivery falls under IC 35-48-4-10 and is a Level 6 felony at any quantity, escalating to Level 5 felony for 10 pounds or more or with prior convictions. Indiana has no medical marijuana program and treats hemp under IC 15-15-13 separately, requiring under 0.3 percent delta-9 THC. Cities cannot decriminalize or authorize marijuana cultivation.
Violations & Penalties
Growing even a single marijuana plant is a Level 6 felony punishable by 6 months to 2.5 years in prison and a fine up to $10,000. Larger operations carry up to six years imprisonment.
Frequently Asked Questions
Can Indianapolis or other Indiana cities allow home grows?
Is hemp cultivation different in Indiana?
Sources
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