Fact Checked by Doctor NameIntroduction of Indiana Marijuana Laws
Table of Contents
During the past ten years, Indiana Marijuana Laws have undergone enormous attempts at change. Historically, the sale of Marijuana without a prescription was prohibited in 1913.
Several efforts to legalise marijuana have failed. Initially, in 2015, the bills to legalize medical marijuana were not passed by the House.
However, in 2018, the use and sale of CBD with less than 0.3 % THC was legalized for all medical purposes by the Indiana Marijuana Laws.
On the other hand, Illinois Cannabis Laws are far more lenient. There it is legal for both medical and recreational uses. It was the eleventh US state to legalize cannabis for recreational use.
Illinois Cannabis Laws enacted the Regulation and Tax Act in 2019. It was the first state in the USA to legalize the use by the state legislature and not by voter initiatives.
Understanding Indiana’s Approach to Marijuana Legalization
A century after the ban on the use of marijuana Indiana Marijuana Laws have failed to legalize the use and sale of non-prescription marijuana.
In 2019, Marion County became the first state to decriminalize the possession of marijuana if the amount is one ounce or lesser.
On the first offence, the penalty stands at 180 days jail time with $1000. If the possession is more than 30 grams then the jail time may range from 1 to 2.5 years with a penalty range of $5000 to $10000.
A public poll shows that 42% of the population demands the legalization of marijuana for medical use while 39% of the population wants complete legalization.
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Current Legal Status: Is Marijuana Legal in Indiana?
Possession of Marijuana in Indiana
Under the Illinois Cannabis Regulation and Tax Act, 2020 the medical users of marijuana can cultivate up to five plants of marijuana simultaneously on their property.
Recreational users are bound by the law and prevented to do so. Any violation leads to a penalty of $200.
Indiana has a tax stamp that requires people to purchase and issue the stamp of the state on their cannabis. Indiana Marijuana Laws state a $3.50 tax per gram of possession.
The penalty for tax evasion is a hefty 200% of the tax itself.
Penalties for Possession Offenses in Indiana
Possession of marijuana in Indiana is seen as a Class B misdemeanour and is a punishable offence even for a person without a previous record of drug abuse.
This may lead to serving prison time for 3 months with a fine of $1000. While the serving time increases for people with previous records of possession and may extend up to 2 years with a fine of $10000.
The penalties for the possession of marijuana as stated by Indiana Marijuana Laws are as follows: –
- Possession without prior drug offence – Class B misdemeanour, 180 days jail time with a $1000 fine.
- Possession under 30 grams with prior drug offence – Class A misdemeanour, 1 year jail time with a $5000 fine.
- Possession above 30 grams with prior drug offence – Class D felony, 2.5 years of jail time with a $10000 fine.
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Cultivation and Distribution of Marijuana in Indiana
Laws and Restrictions on Growing Marijuana in Indiana
Illinois Cannabis Laws allow patients dependent on the use of marijuana to cultivate five plants of marijuana at a time on their property.
The recreational users are prevented by the law to cultivate marijuana on their property by the law under the Illinois Cannabis Regulation and Tax Act, 2020.
Any violation leads to a penalty of $200. Indiana has a tax stamp that requires people to purchase and issue the stamp of the state on their cannabis.
Indiana Marijuana Laws state a $3.50 tax per gram of possession. The penalty for tax evasion is a hefty 200% of the tax itself.
Consequences for Distribution and Trafficking in Indiana
Possession of marijuana with intent to manufacture, finance, or deliver follows the violations listed in the Sale or Cultivation section of the Indiana Marijuana Law.
- Selling less than 30 grammes is a misdemeanour punished by one-year imprisonment and a $5,000 fine.
- Sale of any quantity to a juvenile is a crime punishable by 1 to 6 years imprisonment and a $10,000 fine.
- More than 10 pounds of marijuana sold or grown within 1,000 feet of a school may result in a 2-8 year prison sentence and a $10,000 fine.
- The sale of 10 pounds or more is a crime punishable by 1–6 years in jail and a $10,000 fine.
- The sale of any quantity to a juvenile is a crime punishable by 1 to 6 years in prison and a $10,000 fine.
- Sale or cultivation of more over 10 pounds within 1,000 feet of a school carries a 2-8 year prison sentence and a $10,000 fine.
The federal government does not prohibit the sale of CBD products that contain less than 0.3% THC.
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Indiana’s Stance on Medical Marijuana
Medical Marijuana Laws in Indiana
The use of Medical Marijuana was also prohibited by the law in Indiana. In 2017, the use of medical CBD was legalized for people with severe epilepsy.
In 2018, the state allowed the use of medical marijuana for all necessary purposes.
A public poll shows that 42% of the population demands the legalization of marijuana for medical use while 39% of the population wants complete legalization.
In 2018, Illinois Cannabis Law allowed its use as a painkiller. It also eased the process of medical applicants to register for its use.
The applicants are not required anymore to undergo background checks for criminal records. The conditions for which the medical use is legal are as follows: –
- ALS
- Cachexia
- Cancer
- Glaucoma
- Lupus
- Epilepsy or debilitating seizures
- Multiple Sclerosis
- Arthritis
- HIV
- AIDS
- Post-traumatic stress disorder (PTSD)
- Any chronic or debilitating disease which results in severe pain, nausea, seizures, and/or severe muscle spasms.
Qualifying Medical Conditions and Patients in Indiana
In 2022, 13 bills related to medical cannabis legalization were introduced to decriminalize the possession of marijuana.
None of the bills were passed and Indiana remains one of the 12 states that prohibit medical use of cannabis.
All medical card applicants would have to have written proof from a doctor who is eligible to make a recommendation for medical marijuana.
Obtaining a Medical Marijuana Recommendation in Indiana
Doctors in several states may only prescribe or recommend marijuana for medicinal purposes after completing a special training programme.
If the state of Indiana were to legalise cannabis, there would likely be a set of conditions for its physicians to meet in light of the state’s existing severe marijuana regulations.
The patient must submit an application for a medical card after getting written approval for a qualifying diagnosis.
A documented doctor’s note or evidence of Indiana residence, for example, are only two of the many supplementary paperwork that must be submitted with these applications.
Applicants should also anticipate a cost associated with the application process. Typically, you may expect to pay $100 at most for one of these charges.
Patients who have been issued a medicinal marijuana card are also required to renew it every two years. Validity periods for renewals might vary by state, but are typically about a year.
A yearly checkup with your doctor to reaffirm your eligibility and a renewal fee would likely characterise the renewal process, which would be comparable to the application one.
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Other State Guide to Marijuana Legalization
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Weed Decriminalization Efforts and Civil Penalties in Indiana
A century after the ban on the use of marijuana Indiana Marijuana Laws have failed to legalize the use and sale of non-prescription marijuana.
In 2019, Marion County became the first state to decriminalize the possession of marijuana if the amount is one ounce or lesser.
On the first offence, the penalty stands at 180 days jail time with $1000. If the possession is more than 30 grams then the jail time may range from 1 to 2.5 years with a penalty range of $5000 to $10000.
A public poll shows that 42% of the population demands the legalization of marijuana for medical use while 39% of the population wants complete legalization.
In 2022, 13 bills related to medical cannabis legalization were introduced to decriminalize the possession of marijuana.
None of the bills were passed and Indiana remains one of the 13 states that prohibit medical use of cannabis.
Federal vs. State Cannabis Laws in Indiana
Marijuana possession is legal in most of Indiana’s neighbouring states, but Indiana’s laws remain among the strictest in the country.
Possession and sale of marijuana are still punishable by severe penalties in Indiana, despite the fact that they are legal in certain adjacent states.
Driving under the influence (DUI) charges are possible if caught driving while under the influence of marijuana, and federal law still forbids the possession or transit of marijuana over state boundaries.
If there are any detectable amounts of marijuana metabolites in the blood, the person is considered “intoxicated.” Because of Indiana’s Implied Consent law, drivers who refuse a breathalyser test may have their licences suspended for up to a year.
The penalties for driving under the influence (DUI) in Indiana are as follows:
- First offence: Class A Misdemeanour: 5-60 days in prison, 2 years probation, $500 fine, 2 years licence suspension, 180 hours community service.
- A second offence within five years is a Class D Felony, punishable by three years in prison, two years of probation, a $10,000 fine, and 180-two years lost licence.
- Third offence: Class D Felony: Maximum three-year imprisonment, two-year probation, and $10,000 fine.
Up to one-year licence suspension, addiction examination and potential treatment programme, and $300 court expenses are also punishments.
Impact of Marijuana Laws on the Criminal Justice System in Indiana
45% of all arrests in Indiana owing to drug offence is dominated by marijuana possession. A century after the ban on the use of marijuana Indiana Marijuana Laws have failed to legalize the use and sale of non-prescription marijuana.
In 2019, Marion County became the first state to decriminalize the possession of marijuana if the amount is one ounce or lesser.
In 2022, 13 bills related to medical cannabis legalization were introduced to decriminalize the possession of marijuana.
None of the bills were passed and Indiana remains one of the 13 states that prohibit medical use of cannabis.
Indiana has a tax stamp that requires people to purchase and issue the stamp of the state on their cannabis. Indiana Marijuana Laws state a $3.50 tax per gram of possession.
The penalty for tax evasion is a hefty 200% of the tax itself.
Public Opinion and Challenges to Marijuana Legalization in Indiana
A public poll shows that 42% of the population demands the legalization of marijuana for medical use while 39% of the population wants complete legalization.
In 2022, 13 bills related to medical cannabis legalization were introduced to decriminalize the possession of marijuana.
None of the bills were passed and Indiana remains one of the 13 states that prohibit medical use of cannabis.
A poll in 2022 confirms that about 85% of the population supports the idea of legalizing cannabis.
A 2018 poll suggests that only 16% of the population wants the law that enforces to serve jail time due to possession of marijuana.
Comparison with Neighbouring States’ Marijuana Legislation in Indiana
Adult marijuana usage has been legalised in numerous states. Illinois and Michigan were among the first to legalise recreational marijuana.
Ohio has legalized marijuana possession in small amounts and also the use of medical marijuana.
In these states, one can possess marijuana if legally purchased from dispensaries.
However, one cannot bring it to the state of Indiana just because it is legally purchased. That would lead to pressing felony charges against the person.
Frequently Asked Questions (FAQs) about Indiana’s Marijuana Laws
Q: Is it legal to grow marijuana at home?
A: No, home growing is still illegal, even for medical patients. In Illinois, it is only legal to grow for medical patients.
Q: How can I get medicinal cannabis?
A: The medical use of marijuana is still illegal. The general public can’t buy from dispensaries.
Q: Is Indiana a rec-legal state?
A: Recreational marijuana usage in Indiana is banned and punished by prison time for first possession.
Q: Can medical marijuana be taken across state lines?
A: Cannabis cannot be transported over state boundaries, even to legal states. Airports also prohibit travelling with marijuana despite state laws.
Q: Is CBD legal in Indiana?
A: Yes, Indiana allows hemp-derived CBD with 0.3% or less THC.
Conclusion
As public attitudes towards marijuana continue to shift, there may be growing pressure from citizens to reform Indiana Marijuana Laws.
Surveys show growing support for legalization. It could bring significant economic benefits through tax revenue, job creation, and business opportunities.
States that legalized marijuana have seen notable economic growth in the cannabis industry.
As more research on the medical benefits of marijuana emerges, there may be increased interest in legalizing medical marijuana to provide patients with alternative treatment options.
If the federal government moves towards legalization, it may prompt states to reassess their marijuana legislation.
However, it’s important to note that any changes in marijuana legislation in Indiana will depend on the state’s political climate, the attitudes of lawmakers, and the overall societal dynamics.
References:
- https://norml.org/laws/indiana-penalties-2/
