What are the marijuana possession penalties in Indiana?

On Behalf of | Oct 8, 2020 | Criminal Law, Drug Charges

While many states have made significant efforts to decriminalize marijuana, in Indiana, it is still considered a Schedule I substance. You may then be wondering why you have seen CBD products for sale around the state.

CBD or cannabidiol is a chemical contained in marijuana that is not psychoactive and is used for purported medicinal benefits. Products that fall within the state’s acceptable THC limits are not considered marijuana.

You are safe to use products with negligible amounts of THC

The National Organization for the Reform of Marijuana Law states that Indiana has no criminal penalties for the possession of CBD products that contain less than 0.3 percent THC.

If you are interested in using CBD for health reasons, make sure that the product you use falls within this limit for its THC content, especially if you are ordering from out-of-state. Any product with more THC than that could be considered marijuana by the state.

Penalties for possession of marijuana

If it is your first time being caught with marijuana, the state may go lighter on your sentence. You could still be charged with a misdemeanor and fined up to $1,000, and you may be incarcerated for up to 180 days.

After your first drug offense, the fine can increase to as much as $5,000 if you are caught again with less than 30 grams of marijuana. You may also be jailed for up to one year.

If you have more than 30 grams of marijuana and it is not your first drug offense, you can be charged with a felony. You may be fined as much as $10,000 and you could see anywhere from six months to two-and-a-half years behind bars.