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| Marijuana Laws in Indiana | |||
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| POSSESSION | |||
| 30 g or less | misdemeanor | 1 year* | $5,000 |
| More than 30 g | misdemeanor or felony | 6 months - 3 years | $10,000 |
| *Possible conditional discharge on first offense. | |||
| SALE OR CULTIVATION | |||
| 30 g or less | misdemeanor | 1 year | $5,000 |
| 30 g to 10 lbs | felony | 6 months - 3 years | $10,000 |
| 10 lbs or more | felony | 2 - 8 years | $10,000 |
| Sale within 1,000 feet of school, or other specified areas | felony | 2 - 8 years | $10,000 |
| Sale to minor | felony | 6 months - 3 years | $10,000 |
| MISCELLANEOUS | |||
| Paraphernalia possession (first offense) | civil fine | none | $10,000 |
| Paraphernalia possession or sale (subsequent offense) | felony | 6 months - 3 years | $10,000 |
| Present where knowledge of drug activity occurs | misdemeanor | 6 months | $1,000 |
| DETAILS | |||
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The possession of 30 grams or less of marijuana is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. For first offenders, the court may consider a conditional discharge. For possession of more than 30 grams, the penalties range from 6 months - 3 years in prison and a fine of up to $10,000. The cultivation, delivery or sale of 30 grams or less is a misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Cultivation or delivery of more than 30 grams is a felony, punishable by six months - three years in prison and a fine of up to $10,000. For cultivation or delivery of any amount of ten pounds or more the penalties range from 2 - 8 years in prison and a fine of up to $10,000. Any sale within 1,000 feet of a school, public park or a family housing complex, or any sale on a school bus is punishable by 2 - 8 years in prison and a fine of up to $10,000. Sale to a minor is punishable by 6 months - 3 years in prison and a fine of up to $10,000. Possession of paraphernalia can be a misdemeanor if it is committed “recklessly”, and is punishable by imprisonment for a fixed term of not more than one year and a fine of not more than $5,000. There is no mention in the statute of what “recklessly” means. Possession of paraphernalia can be a felony if the person has a previous judgment or conviction under the statute, and is punishable by imprisonment for a fixed term of one and one-half years and a fine of not more than $10,000. Knowingly visiting a place where drugs are used is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. A person convicted of dealing or possessing marijuana will have his operator’s license suspended, his existing motor vehicle registration suspended, and his ability to register motor vehicles to be suspended. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report. Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties . |
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