Indiana
cannabis & CBD market
Indiana has no legal cannabis market: no adult use, no medical program, no licensed dispensaries. Its legal retail economy is hemp and CBD, running on contested rules, a federal total THC cap landing November 12, 2026, and a legislature that keeps saying no.
The law, as it stands
Indiana status board
- Legal status
- Full prohibition. No adult use law, no medical cannabis program, no state licensed dispensaries. Possession runs from a misdemeanor to a felony depending on amount and prior drug convictions.1
- What may be sold at retail
- Low THC hemp extract: not more than 0.3 percent total delta-9 THC, including precursors, by weight, with a certificate of analysis from an independent testing laboratory and a scannable bar code or QR code on the package. Senate Enrolled Act 516 (2019) criminalizes smokable hemp.1
- Governing body
- The Indiana General Assembly writes the law, the Office of Indiana State Chemist licenses agricultural hemp growers, handlers and seed producers, and the Attorney General and county prosecutors drive enforcement.1
- Program
- None. Indiana has no state cannabis program.1
- In effect since
- No cannabis program. The low THC hemp extract law dates to 2018.1
- THC rule
- Indiana caps low THC hemp extract at 0.3 percent total delta-9 THC, including precursors, by weight, a precursor inclusive test in force since 2018. From November 12, 2026, federal law also caps finished hemp products at 0.4 milligrams of total THC per container.1
84%
Hoosiers backing legal medical cannabis at minimum, 59 percent for medical and recreational plus 25 percent medical only, Ball State Bowen Center Hoosier Survey of 600 residents reported January 202610
12
States without an effective medical cannabis law, Indiana among them, per the Marijuana Policy Project5
0.4 mg
Federal cap on total THC per finished hemp container, effective November 12, 20267
How it got here
The legislative record
2018
Governor Holcomb signs Senate Bill 52 on March 21, authorizing retailers to sell independently certified low THC hemp extract to adults.2
2019
Senate Enrolled Act 516 criminalizes smokable hemp. In July 2020 the Seventh Circuit vacates the injunction against it in C.Y. Wholesale v. Holcomb, while noting a narrower injunction limited to transit through the state could be warranted on remand.11
2023
Attorney General Official Opinion 2023-1, issued January 12, concludes that delta-8, delta-10, THC-O and THC-P are Schedule I controlled substances under Indiana law.6
2025
Governor Braun signs House Enrolled Act 1390 in May, banning marijuana advertising in any medium in Indiana, with civil penalties of $5,000 and up to $15,000 for repeat violations.12
2025
Congress enacts P.L. 119-37 on November 12, redefining hemp to exclude finished cannabinoid products with more than 0.4 milligrams of total THC per container, effective November 12, 2026.7
2026
Senate Bill 250, a ban on intoxicating and synthetic hemp derived products, dies February 23 after House lawmakers do not call it down ahead of a second reading deadline.8
Who we grow here
CBD stores, hemp retailers, smoke shops and vape shops
Indiana has no legal dispensary, so the entire legal retail market is CBD and hemp shops, smoke shops and vape stores. They serve adults searching locally every day while competing against national e-commerce and out of state dispensary content.
- 01Ad platforms reject most hemp and CBD accounts, and Indiana's 2025 law banning marijuana advertising in any medium narrows the lane further, so organic and local search have to carry the store.
- 02Indiana hemp and CBD queries are dominated by national e-commerce brands and by dispensary pages from Michigan, Illinois and Ohio, not by the shop down the road.
- 03The law is contested and moving fast, so legality and product pages go stale within months while AI answer engines quote whichever source looks most current.
- 01
Own the legal status question
Build and maintain an Indiana hemp and cannabis law hub with dated, source linked answers, FAQPage and Article schema, so AI Overviews and chat assistants cite the store instead of a competitor.
- 02
Local pack and near me capture
Google Business Profile buildout, category and attribute mapping, review velocity, plus city and neighborhood landing pages carrying LocalBusiness and Store schema for every trade area the shop actually serves.
- 03
Compliance safe content architecture
Pages scoped to lawful low THC hemp extract and to non-product surfaces only. We do not market delta-8, delta-10, THC-O, THC-P or anything Indiana treats as Schedule I. Age gated, no health claims, built to survive legal and platform review.
- 04
November 2026 readiness content
A living legislation watch page tracking the federal 0.4 milligram cap and the next state bill, with entity markup and internal links, so the store reads as the current authority while rules change.
What happens next
Legislation watch
Indiana has no citizen initiative process, so any change must come through the General Assembly, and no legalization bill has passed either chamber. The nearer term shift is federal: the November 12, 2026 hemp redefinition, which Indiana has not matched.
Medical cannabis bill from Sen. Mike Bohacek
Announced for the 2027 session. Would set patient eligibility, physician oversight, distribution, taxation and impairment standards. Bohacek said the proposal would not legalize recreational marijuana.13
Hemp THC restrictions, Senate Bill 250 (2026)
Passed the Senate 35 to 15, then died February 23, 2026 when the House did not call it down before a second reading deadline. It would have banned intoxicating and synthetic hemp derived products and set a 21 and older age limit.9
Federal hemp redefinition
Enacted November 12, 2025 in P.L. 119-37 and effective November 12, 2026. Excludes finished hemp cannabinoid products with more than 0.4 milligrams of total THC per container.7
Statewide ballot measure
Not possible. Indiana is not among the states with a citizen initiative process, so voters cannot put cannabis on the ballot.14
Answered on the record
Indiana cannabis questions
Is marijuana legal in Indiana in 2026?
No. Indiana prohibits marijuana for adult use and medical use and has no state licensed dispensaries. NORML lists possession of any amount as a misdemeanor carrying up to 180 days and a $1,000 fine, rising to a year and $5,000 with a prior drug offense, and a felony at 30 grams or more with a prior.1
Does Indiana have a medical marijuana program?
No. Indiana has no medical cannabis program, no qualifying condition list and no state licensed dispensaries. The only cannabis related access law is the 2018 low THC hemp extract statute, which lets any adult buy hemp derived CBD products from ordinary retailers.2
Is CBD legal in Indiana?
Yes. Senate Bill 52, signed March 21, 2018, allows retail sale of low THC hemp extract. Indiana Code 24-4-21-3 requires a certificate of analysis from an independent testing laboratory showing not more than 0.3 percent total delta-9 THC, including precursors, by weight, and IC 24-4-21-4 requires a scannable bar code or QR code on the package.3
Is delta-8 THC legal in Indiana?
No, not under the state's official reading. Attorney General Official Opinion 2023-1, issued January 12, 2023, concluded that delta-8, delta-10, THC-O and THC-P are Schedule I controlled substances under Indiana law. The legislature has not passed a regulating statute, so these products are still sold but legally exposed.6
Can Indiana stores sell smokable hemp flower?
No. Senate Enrolled Act 516 criminalized smokable hemp in 2019, and in July 2020 the Seventh Circuit vacated the injunction blocking it in C.Y. Wholesale v. Holcomb, while noting a narrower injunction limited to transit through the state could be warranted on remand. Retailers should confirm current status with Indiana counsel.11
What changes for Indiana hemp retailers in November 2026?
Federal law redefines hemp on November 12, 2026, excluding finished cannabinoid products with more than 0.4 milligrams of total THC per container and cannabinoids synthesized outside the plant. Indiana passed no matching state framework in 2026, and its own 0.3 percent total delta-9 THC test, precursors included, keeps applying alongside the federal limit.7
Sources
Every claim on this page traces to a source
- 01Indiana Laws and Penalties — NORML
- 02Indiana Medical CBD / Low THC Law — NORML
- 03Indiana Code 24-4-21-3, certificate of analysis and 0.3 percent total delta-9 THC including precursors — FindLaw, Indiana Code
- 04Indiana Code 24-4-21-4, low THC hemp extract packaging, scannable bar code or QR code — FindLaw, Indiana Code
- 05Indiana state policy page, updated November 11, 2025 — Marijuana Policy Project
- 06Official Opinion 2023-1, THC variants and designer cannabinoids — Indiana Attorney General
- 07Change to Federal Definition of Hemp and Implications for Federal Enforcement, December 3, 2025 — Congressional Research Service
- 08Indiana hemp drug ban, early voting restrictions die at deadline — Indiana Public Media
- 09Indiana Won't Ban Hemp THC Products This Year After Last-Minute Push Fails — Marijuana Moment
- 103 In 5 Indiana Residents Support Marijuana Legalization, New Poll Finds — Marijuana Moment
- 117th Circuit snuffs out injunction on Indiana smokable hemp law — The Indiana Lawyer
- 12Gov. Braun signs law banning marijuana advertising in Indiana — 21Alive News
- 13Indiana Republicans show openness to limited legalization as Bohacek prepares bill — The Indiana Citizen
- 14Signatures for Initiatives, initiative and referendum states — National Conference of State Legislatures
- 15Indiana hemp licensing program — Office of Indiana State Chemist, Purdue University
Status verified 2026-07. Cannabis law changes quickly, always confirm with the state before acting.
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