Is Weed Legal in Indiana? Is Medical Marijuana Legal in Indiana? Can You Use Recreational Cannabis Legal in Indiana?
From being lovers of basketball to being the home of thousands of Christmas letters in the town of Santa Claus. Indiana is renowned for holding the largest sporting event in the world, with an over 500 car race. Indiana is located in the midwestern region of the United State. And is the state that makes more popcorn than any other state in the US.
It seems as though the residents of Indiana have gotten the short end of the stick with their strict laws against the use and consumption of weed. However, with recent progressions across the United States there may be a light at the end of the tunnel.
History of Marijuana in Indiana
Unfortunately, the legalisation of marijuana has been a difficult progression for the state of Indiana. Dating back to 1913, their state government had banned the sale of marijuana without a prescription. Indiana is known as one of the most restrictive states against the use and possession of cannabis.
The first commissioner of the United States Treasury Department's Federal Bureau of Narcotics, Harry J. Anslinger, assisted in passing the Marijuana Tax Act in 1937. This led to the historically conservative state of Indiana to adopt some of the strictest cannabis laws in the US.
Is Recreational Marijuana Legal in Indiana?
Is Weed Legal in Indiana? No. Recreational marijuana is illegal to use and possess in the state of Indiana with repercussions if found in possession of the popular drug.
If you are found in possession of less than 30 grams of marijuana or less than 5 grams of hash, it is classified as a Class A misdemeanour. This results with a penalty of up to one year imprisonment and a monetary fine of up to $5,000 USD.
If you are found in possession of more than 30 grams of marijuana or more than 5 grams of hash, it is classified as a Class D felony. This would consequent in an imprisonment period between 6 months and 2.5 years in addition to a $10,000 USD fine.
If a persons sells or cultivates more than 10 pounds of marijuana within 1,000 feet of a school, or any specialised area (hospitals, daycares), a fine of $10,000 will be issued as well as a 2-8 year imprisonment duration.
Is Medicinal Marijuana Legal in Indiana?
Is weed legal in Indiana? It seems as though Indiana really does have one of the strictest regulations against the use of cannabis whether it be recreational or medical. However, CBD oil is the only derivative of cannabis that can be legally used in the state of Indiana.
Indiana is one of only 14 states with no medical cannabis law, and one of 19 states that have not decriminalised the simple possession of cannabis.
Government Eric Holcomb, in April 2017, signed a legislation that allowed the use of CBD oil of less than 0.3% of THC to be used to treat severe, uncontrollable seizures. This legislation became effective on July 1st, 2017.
As of March, 2018, another legislation was signed to allow the sale and use of CBD oil for any purpose other than treating epilepsy (of less than 0.3% THC).
Weed Initiatives in Indiana
A bill to decriminalize small amounts of cannabis was rejected in committee in 2013. However, following this bill, the senate suggested a recommendation to amend the previously approved bill of decreasing the penalties for the possession of marijuana to instead raising the possession of cannabis from misdemeanors to felonies.
I think we need to focus on reducing crime, not reducing penalties.Mike Pence, Governor
Following this, bills were introduced to the House and Senate to legalise medicinal marijuana for certain severe conditions such as cancer and epilepsy in accompaniment of a doctor's recommendation. Unfortunately, this bill was also rejected and did not receive a hearing.
The Governor, Eric Holcomb on March 21, 2018, had signed the Senate Enrolled Act 52. This act encompassed the legalisation of low-THC (less than 0.3%) CBD derived from hemp. The act entailed the now legal ability for any person to sell, buy and possess CBD oil without any penalty.
Although Indiana is known as one of the strictest states in the US with their legalisation laws. Ironically, in Marion County, they decriminalised the possession of one ounce or less of marijuana as of September 30, 2019.
When Will Indiana Legalise Weed?
With the progressive nature of the decriminalisation and legalisation of recreational and medicinal marijuana, the state of Indiana is inching closer and closer to becoming like other states. As of 2021, a plethora of cannabis reform bills have been introduced this legislative session. Meaning, there are initiative presented that would regulate and legalise marijuana for adults.
Through a medical lens, it seems as though Indiana is likely to federally legalise the use of medicinal marijuana. However, Indiana seems to be far from legalising the use of recreational marijuana anytime soon.
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