Although many states have legalized recreational or medical marijuana, it remains illegal to use or possess in Indiana. If you have recently moved to the state, familiarize yourself with its criminal laws to avoid possible incarceration and fines. Here are some answers to common questions about these laws to keep you informed.

A Q&A Guide to Marijuana Criminal Laws in Indiana

What are the penalties for possession of marijuana? 

Indiana is currently one of 23 states that have yet to decriminalize the use or possession of cannabis. It is still considered a Schedule I substance in the state with a high potential for abuse and no medical value.

Anyone caught with marijuana can be charged with a misdemeanor and face up to 180 days in prison and a $1,000 fine. If the person has prior drug charges, they can face up to two-and-a-half years of incarceration and up to a $10,000 fine, depending on the amount of marijuana in their possession. 

What are the penalties for selling and cultivating marijuana?

Selling or cultivating less than 30 grams of marijuana, or five grams of hashish, is considered a Class A misdemeanor and will earn the person up to one year in prison and a maximum of $5,000 in fines.

If caught selling or cultivating more than 30 grams, or five grams of hashish, or to a minor, the person can face felony charges and up to $10,000 in fines. Having prior drug offenses can lead to greater penalties. 

Are CBD and medical use legal?

Currently, medical marijuana use is not legal in Indiana. However, it is legal to buy, sell, and possess low-THC CBD oil as long as it meets certain labeling requirements and contains no more than 0.3 percent THC. 

Is marijuana paraphernalia legal?

Not applying to rolling paper, a person who knowingly or intentionally possesses an instrument, device, or other object intended to be used for introducing marijuana into the body, testing the strength/effectiveness/purity of marijuana, or enhancing the effect marijuana can be convicted of a Class C misdemeanor. If convicted of a Class C misdemeanor, a person can be imprisoned for up to sixty (60) days and fined up to $500. However, if a person has a prior conviction, the offense would be a Class A misdemeanor. If convicted of a Class A misdemeanor, a person can be imprisoned for up to one (1) year and fined up to $5000. 

If you have been charged with marijuana criminal charges, trust the Law Offices of Charles P. Dargo, P.C. to provide you with the best legal advice and defense. Since 2004, they have provided a wide range of family, personal injury, and criminal law services to clients in DeMotte, IN. Their experienced legal team will assist you through every step of the legal process so you know what to expect. Call them today at (219) 345-3114 to schedule a consultation, and visit their website to learn more about their criminal law services.