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How’s Pot Doing in Indiana?

Cannabis is 0% legal in Indiana

Cannabis Legality in Indiana: Current Status and Legislative Efforts

As of the current date, November 17, 2023, it is not legal for medical marijuana patients to possess THC-containing cannabis products in Indiana. The state has not established a medical marijuana program, and therefore, residents cannot obtain a recommendation from a doctor or legally purchase medical marijuana (cfah.org, 2023). Indiana Code explicitly prohibits the possession of THC-containing cannabis products, with no exceptions for medical use (law.justia.com, 2022).

In line with the possession laws, it is also illegal for medical marijuana patients to buy THC-containing cannabis products in a store in Indiana. The absence of a medical marijuana program means there are no authorized dispensaries or retail outlets where such products can be legally purchased (cfah.org, 2023; law.justia.com, 2022).

The cultivation of THC-containing cannabis by medical marijuana patients is illegal in Indiana. The state does not permit personal cannabis cultivation for any purpose, including medical (law.justia.com, 2022).

For adults in Indiana, the possession of THC-containing cannabis products remains illegal. Possession of up to 2 ounces of marijuana is categorized as a Class B misdemeanor, punishable by a 1-year prison sentence and a $5,000 fine (cfah.org, 2023). There are no provisions in Indiana law that allow for the legal possession of recreational cannabis by adults.

Adults cannot legally buy THC-containing cannabis products in a store in Indiana. The state has not legalized recreational cannabis, and therefore, there are no legal retail outlets for the purchase of such products (law.justia.com, 2022).

Similar to the laws on possession and purchase, it is not legal for adults to grow THC-containing cannabis in Indiana. The state prohibits the cultivation of cannabis for recreational purposes (law.justia.com, 2022).

Legislative Efforts and Future Prospects

Despite the current prohibitive status of cannabis in Indiana, there have been multiple legislative efforts aimed at changing the state’s cannabis laws. Several bills have been introduced in the Indiana legislature that could potentially alter the legal landscape for both medical and recreational cannabis use.

House Bill 1039, authored by State Rep. Jake Teshka, proposes to allow the possession of cannabis after it is no longer classified as a federal schedule I controlled substance. This bill also suggests the establishment of an excise tax on cannabis, with revenue going to the state general fund (wrtv.com, 2023).

Senate Bill 70, introduced by Sen. Mike Bohacek, aims to decriminalize the possession of one ounce or less of marijuana. Additionally, Senate Bill 237, authored by Democrat Sen. Greg Taylor, would establish a medical marijuana program allowing patients with physician recommendations to possess a certain quantity of marijuana for the treatment of specific medical conditions (reflector.uindy.edu, 2023).

House Bill 1263, introduced by Republican Rep. Jim Lucas, focuses on legalizing medical marijuana, allowing patients with a prescription to obtain an ID card and purchase up to one ounce of cannabis per day. Senate Bill 308 and House Bill 1248 propose the creation of a “cannabis commission” to oversee the regulation and enforcement of marijuana laws (courierpress.com, 2023).

Despite these efforts, as of September 2023, there have been no changes to the adult-use cannabis laws in Indiana. The state has not legalized marijuana for medical or recreational purposes, and GOP legislative leaders have expressed a preference to wait for federal legalization (indianacapitalchronicle.com, 2023).

In conclusion, both medical and recreational cannabis remain illegal in Indiana as of November 2023. Possession, purchase, and cultivation of THC-containing cannabis are prohibited under state law. While there is legislative activity suggesting a potential shift in the future, no specific date has been set for when these changes might take effect. Advocates for cannabis reform in Indiana may continue to push for legalization through the legislative process or potentially through the courts, referencing the state constitution’s broad protections of “life, liberty, and the pursuit of happiness” (indianacapitalchronicle.com, 2023).

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