Indiana Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Indiana. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALIndiana allows hemp-derived CBD products with less than 0.3% Delta-9 THC under the Indiana Hemp Farming Act. The state requires registration of hemp processors and compliance with testing and labeling standards.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% Delta-9 THC.
Sale
Sale is legal if products comply with state registration, testing, and labeling requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
ILLEGALIndiana classifies Delta-8 THC as a Schedule I controlled substance under state law. The Indiana Code explicitly prohibits possession, sale, and manufacture of Delta-8 THC regardless of hemp origin.
Possession
Illegal to possess Delta-8 THC products.
Retail Sale
Illegal to sell or distribute Delta-8 THC products.
Penalties
Violations can result in felony charges under Indiana Code Title 35, Article 48.
Age Restriction
N/A
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Indiana under the 2018 Farm Bill. In early 2026, a legislative attempt to ban all intoxicating hemp products failed to pass.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
ILLEGALKratom is illegal in Indiana and classified as a synthetic drug. Possession or sale of kratom is a felony offense.
Possession
Illegal to possess kratom
Sale
Illegal to sell kratom
Penalties
Felony charges with strict enforcement as a Schedule I substance
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALIndiana classifies psilocybin as a Schedule I controlled substance under Indiana Code Title 35, Article 48. Possession, sale, and manufacture of psilocybin mushrooms are illegal throughout the state.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Felony charges with imprisonment and fines for possession and trafficking.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in Indiana. No significant legislative changes since 2023.
Personal Possession
Illegal. Possession of 30 grams or less is a Class B misdemeanor (up to 180 days jail, $1,000 fine). Over 30 grams is a felony. No medical marijuana program exists.
Retail Purchase
Illegal. Distribution is a felony. Sale within 500 feet of a school, park, or youth center is a Level 5 felony (1-6 years).
Penalties
Under 30 grams: Class B misdemeanor, up to 180 days. Over 30 grams: Level 6 felony, 6 months to 2.5 years. With prior conviction: enhanced penalties.
Age Restriction
N/A
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Indiana. Indiana enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Indiana. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Indiana.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A