Marijuana
IC 35-48-4-11 — possessing any amount is a Class B misdemeanor
Knowingly or intentionally possessing marijuana, hash oil, hashish or salvia, growing or cultivating marijuana, or knowingly failing to destroy marijuana growing on one's premises, is a Class B misdemeanor.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
| Possession where | Level |
|---|---|
| Possession whereThere is a prior conviction for a drug offense | LevelClass A misdemeanor |
| Possession whereThe product is packaged to look like low THC hemp extract, and the person knew or should have known what it was | LevelClass A misdemeanor |
| Possession whereThere is a prior drug conviction and at least 30 grams of marijuana, or at least five grams of hash oil, hashish or salvia | LevelLevel 6 felony |
A person with no prior controlled substance conviction who pleads guilty to misdemeanor possession of marijuana, hashish, salvia or smokable hemp may, with consent, have proceedings deferred under conditions the court sets, and the charge is dismissed on completing them. Only one such dismissal is allowed per person.
Low THC hemp extract, derived from hemp, with not more than 0.3 percent total delta-9 THC by weight and no other controlled substance, is a separate thing from marijuana; the term does not cover hemp flower or smokable hemp.
Sources for this section (3)
- IC 35-48-4-11 — Possession of marijuana, hash oil, hashish, or salvia
- IC 35-48-4-12 — Conditional discharge for possession as first offense
- IC 35-48-1.1-27 — "Low THC hemp extract"
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.