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Indiana Marijuana Laws and Legalization Efforts
April 12, 2021 / Posted in News

While it seems like more states are changing their laws to align with the popularity of recreational and medical marijuana use. Indiana is not one of those states. If you are in possession of marijuana, even if you purchased it from a state where it is legal recreationally, you could be subjected to a search.  You should be aware of Indiana Marijuana Laws and how they could affect you.

Worthley Law is here to help. If you have been arrested for possession of marijuana in the state of Indiana, Mark Worthley and his team are here to help residents of Northern Indiana with  Marijuana legal defense.


If you possess marijuana in any form in the State of Indiana, you could be subject to a search of your pockets, personal possessions, or even your car. Beyond that, you could be arrested and face prosecution for a B-Misdemeanor for a first-time offender, a class A-misdemeanor for a repeat offender, and a Level 6 felony if you have a prior conviction and have at least 30 grams of marijuana (that’s approximately one ounce).

Marijuana is also still illegal in Indiana and federally. Many of our neighboring states have restructured their laws to decriminalize, permit medical marijuana, or legalize it entirely. Illinois and Michigan are among the 15 states which have legalized the possession of small amounts of marijuana. If you are traveling in these states, you’ll likely see dispensaries where you can purchase marijuana legally. The governments collect taxes and regulate the sales of their products.

Indiana Marijuana Laws dictate that even if you are passing through Indiana from Michigan to Illinois, you can still be arrested and face prosecution in Indiana. Even though marijuana possession is legal in both places. The police will not care how legal your purchase in Illinois was, nor what steps you take to secure your marijuana in your trunk.


Decriminalization means that possession of small amounts of marijuana will be punished by infractions and fines. It also means that there will not be a criminal case. Instead, you would receive a ticket for marijuana possession, like speeding or improper parking. Criminal records are not impacted and there is no possibility for jail time for possession.

Legalization means that possession is legal for those who meet the requirements. Similar to how states treat the regulation of alcohol. it’s legal to consume for people over the age of 21. Legalization has differences based on the purpose of use: medicinal or recreational. Some states only legalize marijuana after a patient receives a prescription from a doctor. Other states permit anyone to possess marijuana for any purpose. This is known as recreational use.

Indiana could decriminalize and also legalize medical marijuana. Currently, there are bills that run the gamut of options to amend, lessen penalties, decriminalize, or legalize. But what does that mean?


Indiana legislators have introduced bills numerous times over the past ten years to change Indiana Marijuana Laws, and they have failed every time. There seems to be a steep hill to climb. Many Indiana leaders fear what legalization or decriminalization would mean for Indiana.

There has been ample evidence from Colorado, which has had legal recreational use for eight years. Illinois and Michigan are currently reaping the benefits financially. Marijuana legalization has resulted in an increase in tax revenues and reduced law enforcement expenses.


Call Worthley Law If you’ve been arrested for possession of marijuana. Our experienced team can help with your criminal defense case. Call us today to learn more.