Indiana Drug Laws: Penalties, Charges & Treatment Options

Verified 2025-03-01 United Rehabs Legal Research Team Indiana, US For educational purposes only — not legal advice

Indiana Drug Laws: Key Takeaways

Indiana classifies controlled substances into five schedules (I through V) under IC 35-48-2, following the federal framework. Possession of any Schedule I-IV substance without a valid prescription is a Class A misdemeanor under IC 35-48-4-7, punishable by up to 1 year in jail and a $5,000 fine, but enhancing circumstances elevate it to a Level 6 felony.
Dealing in a Schedule I, II, or III controlled substance is a Level 5 felony under IC 35-48-4-2 (1-6 years), while dealing cocaine or narcotic drugs is a Level 5 felony under IC 35-48-4-1 that can be enhanced to Level 2 (10-30 years) based on quantity and aggravating factors.
Manufacturing methamphetamine is a Level 4 felony under IC 35-48-4-1.2 (2-12 years), enhanced to Level 2 or Level 3 based on quantity, prior convictions, or if the offense endangered children or others.
Marijuana is fully illegal in Indiana for both recreational and medical use. Possession of less than 30 grams is a Class B misdemeanor under IC 35-48-4-11 (up to 180 days, $1,000 fine); hash oil possession of any amount is a Class A misdemeanor and becomes a Level 6 felony with a prior drug conviction or 5+ grams.
Indiana's Good Samaritan protections are embedded within the naloxone access law (IC 16-42-27, known as Aaron's Law). Immunity from prosecution for simple possession is available to individuals who administer naloxone, call 911, remain on scene, and cooperate with emergency responders.
Indiana uses the term OWI (Operating While Intoxicated) rather than DUI. Under IC 9-30-5, operating with a BAC of 0.08%-0.14% or with any Schedule I or II substance in the blood is a Class C misdemeanor (up to 60 days); BAC of 0.15%+ is a Class A misdemeanor (up to 1 year).
Indiana operates approximately 55 problem-solving courts (drug courts) across the state, and pre-trial diversion programs allow eligible first-time offenders to complete treatment, counseling, and community service in exchange for dismissed charges.

Indiana Drug Law Overview

Indiana drug laws are codified primarily in Indiana Code (IC) Title 35, Article 48 (Controlled Substances). The state classifies controlled substances into five schedules under IC 35-48-2-4 through IC 35-48-2-12, mirroring the federal Controlled Substances Act framework. Schedule I substances carry the most severe penalties, while Schedule V substances are considered the least dangerous. Indiana draws a firm distinction between possession and dealing offenses. Simple possession of a Schedule I through IV controlled substance without a valid prescription is a Class A misdemeanor under IC 35-48-4-7, but the offense is elevated to a Level 6 felony when enhancing circumstances apply, such as a prior drug conviction, possessing a firearm, or committing the offense near a school or public park. Dealing offenses under IC 35-48-4-1 through IC 35-48-4-4 are felonies with penalties scaling based on the drug schedule, quantity, and the presence of aggravating factors. Indiana has been particularly aggressive in addressing the methamphetamine and opioid crises. Manufacturing methamphetamine (IC 35-48-4-1.2) is a Level 4 felony that can be enhanced to Level 2 or Level 3. The state reinstated 10-year mandatory minimum prison terms for repeat trafficking offenders dealing heroin, methamphetamine, or cocaine through HEA 1235. In 2025, HEA 1056 significantly expanded Indiana's Schedule I list to include dozens of synthetic opioids, fentanyl analogs, and designer drugs, and granted the Indiana Board of Pharmacy emergency rulemaking authority to schedule emergent substances. Marijuana remains fully illegal in Indiana for both recreational and medical use. The state has not enacted any decriminalization measures. Possession of less than 30 grams of marijuana is a Class B misdemeanor, while hash oil possession carries harsher treatment — any amount of hash oil is a Class A misdemeanor, and possession of 5 or more grams with a prior drug conviction is a Level 6 felony. Driving under the influence is prosecuted as Operating While Intoxicated (OWI) under IC 9-30-5, which prohibits operating a vehicle with a BAC of 0.08% or higher, or with any Schedule I or II controlled substance or its metabolite in the blood. Indiana uses implied consent, and penalties escalate with repeat offenses and higher BAC levels.

Indiana Drug Schedule Classifications

Schedule	Description	Examples
Schedule I	Substances with high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Defined in IC 35-48-2-4.	Heroin, LSD, MDMA (ecstasy), psilocybin, mescaline, peyote, tetrahydrocannabinols (THC), GHB, methaqualone, synthetic opioids and fentanyl analogs (expanded by HEA 1056 in 2025)
Schedule II	Substances with high potential for abuse, currently accepted medical use with severe restrictions, and abuse may lead to severe psychological or physical dependence. Defined in IC 35-48-2-6.	Cocaine, methamphetamine, fentanyl, oxycodone (OxyContin), hydrocodone, morphine, opium, amphetamine (Adderall), methadone, Ritalin (methylphenidate), Demerol (meperidine)
Schedule III	Substances with potential for abuse less than Schedule I and II, currently accepted medical use, and abuse may lead to moderate or low physical dependence or high psychological dependence. Defined in IC 35-48-2-8.	Testosterone, anabolic steroids, ketamine, buprenorphine (Suboxone), codeine compounds with limited quantities, nalorphine, chlorphentermine
Schedule IV	Substances with low potential for abuse relative to Schedule III, currently accepted medical use, and abuse may lead to limited physical or psychological dependence. Defined in IC 35-48-2-10.	Alprazolam (Xanax), diazepam (Valium), clonazepam (Klonopin), lorazepam (Ativan), zolpidem (Ambien), tramadol, carisoprodol, benzodiazepines
Schedule V	Substances with the lowest potential for abuse, currently accepted medical use, and limited risk of physical or psychological dependence. Defined in IC 35-48-2-12.	Cough preparations containing limited quantities of codeine, pregabalin (Lyrica), certain anti-diarrheal compounds, ezogabine

Indiana Drug Penalty Chart

Offense	Substance	Amount	Classification	Jail / Prison	Max Fine
Possession of Controlled Substance	Schedule I, II, III, or IV (IC 35-48-4-7)	Any amount without valid prescription	Class A Misdemeanor	Up to 1 year	Up to $5,000
Possession of Controlled Substance — with enhancing circumstances	Schedule I, II, III, or IV (IC 35-48-4-7)	Any amount; prior drug conviction, firearm, or near school	Level 6 Felony	6 months to 2.5 years	Up to $10,000
Possession of Marijuana	Marijuana (IC 35-48-4-11)	Less than 30 grams	Class B Misdemeanor	Up to 180 days	Up to $1,000
Possession of Marijuana — with prior conviction	Marijuana (IC 35-48-4-11)	Any amount; prior drug conviction	Class A Misdemeanor	Up to 1 year	Up to $5,000
Possession of Hash Oil, Hashish, or Salvia	Hash oil / hashish / salvia (IC 35-48-4-11)	Less than 5 grams	Class A Misdemeanor	Up to 1 year	Up to $5,000
Possession of Hash Oil — with prior conviction and 5+ grams	Hash oil / hashish / salvia (IC 35-48-4-11)	5 grams or more with prior drug conviction	Level 6 Felony	6 months to 2.5 years	Up to $10,000
Possession of Methamphetamine	Methamphetamine (IC 35-48-4-6.1)	Less than 5 grams	Level 6 Felony	6 months to 2.5 years	Up to $10,000
Possession of Methamphetamine	Methamphetamine (IC 35-48-4-6.1)	5 grams or more	Level 5 Felony	1 to 6 years	Up to $10,000
Dealing in Cocaine or Narcotic Drug	Cocaine, heroin, or other narcotic (IC 35-48-4-1)	Less than 1 gram	Level 5 Felony	1 to 6 years	Up to $10,000
Dealing in Cocaine or Narcotic Drug	Cocaine, heroin, or other narcotic (IC 35-48-4-1)	1 gram to less than 5 grams	Level 4 Felony	2 to 12 years	Up to $10,000
Dealing in Cocaine or Narcotic Drug	Cocaine, heroin, or other narcotic (IC 35-48-4-1)	5 grams or more, or resulting in death	Level 2 Felony	10 to 30 years	Up to $10,000
Dealing in Schedule I, II, or III Controlled Substance	Schedule I, II, or III (IC 35-48-4-2)	Any amount	Level 6 Felony	6 months to 2.5 years	Up to $10,000
Dealing in Schedule IV Controlled Substance	Schedule IV (IC 35-48-4-3)	Any amount	Level 6 Felony	6 months to 2.5 years	Up to $10,000
Manufacturing Methamphetamine	Methamphetamine (IC 35-48-4-1.2)	Any amount	Level 4 Felony	2 to 12 years	Up to $10,000
Manufacturing Methamphetamine — enhanced	Methamphetamine (IC 35-48-4-1.2)	With prior conviction or endangering others	Level 3 Felony	3 to 16 years	Up to $10,000
Dealing in Marijuana	Marijuana (IC 35-48-4-10)	Less than 30 grams	Class A Misdemeanor	Up to 1 year	Up to $5,000
Dealing in Marijuana	Marijuana (IC 35-48-4-10)	30 grams or more, or any amount with prior conviction	Level 6 Felony	6 months to 2.5 years	Up to $10,000
Drug-Free Zone Enhancement	Any controlled substance (IC 35-48-4-16)	N/A — within 1,000 feet of school, public park, family housing complex, or youth program center	Enhancement: one felony level higher than base offense	Varies by enhanced level	Varies by enhanced level

Is Drug Possession a Felony in Indiana?

Indiana penalizes drug possession under several statutes depending on the substance involved. General Controlled Substance Possession (IC 35-48-4-7): Possession of a Schedule I, II, III, or IV controlled substance or controlled substance analog without a valid prescription is a Class A misdemeanor, punishable by up to 1 year in jail and a fine up to $5,000. The offense is elevated to a Level 6 felony (6 months to 2.5 years, up to $10,000 fine) when enhancing circumstances under IC 35-48-1-16.5 are present, including a prior drug conviction, possession of a firearm, commission of the offense on or near school property, or in a public park where minors were present. Methamphetamine Possession (IC 35-48-4-6.1): Unlike other controlled substances, methamphetamine possession is always a felony in Indiana. Possession of less than 5 grams is a Level 6 felony (6 months to 2.5 years). Possession of 5 grams or more is a Level 5 felony (1 to 6 years). Possession of 10 grams or more or with enhancing circumstances can reach Level 4 felony (2 to 12 years). Marijuana Possession (IC 35-48-4-11): Possession of less than 30 grams of marijuana is a Class B misdemeanor (up to 180 days, $1,000 fine). Possession of 30 grams or more, or any amount with a prior drug conviction, is a Class A misdemeanor (up to 1 year, $5,000 fine). Hash Oil and Hashish Possession (IC 35-48-4-11): Possession of any amount of hash oil, hashish, or salvia divinorum is a Class A misdemeanor. Possession of 5 grams or more with a prior drug conviction is a Level 6 felony. Indiana treats concentrates significantly more harshly than plant marijuana. Schedule V Controlled Substances (IC 35-48-4-7): Unlawful possession of a Schedule V controlled substance is a Class C misdemeanor (up to 60 days, $500 fine). Additional Consequences: Drug convictions in Indiana trigger a mandatory 6-month to 2-year driver's license suspension under IC 9-30-13-2, regardless of whether the offense involved a motor vehicle. Courts may also order substance abuse assessment and treatment as conditions of probation.

Indiana Drug DUI / DWI Laws

Indiana prosecutes impaired driving as Operating While Intoxicated (OWI) under IC 9-30-5. The statute prohibits operating a vehicle while intoxicated by alcohol, a controlled substance, or any combination thereof, as well as operating with specific blood alcohol or controlled substance levels. Per Se Limits: The legal BAC limit is 0.08% for adults 21 and over (IC 9-30-5-1(a)). For drivers under 21, Indiana enforces a zero-tolerance policy with a BAC limit of 0.02% (IC 9-30-5-8.5). Commercial vehicle operators face a 0.04% BAC limit. First Offense OWI — BAC 0.08% to 0.14% (IC 9-30-5-1(a)): Class C misdemeanor. Up to 60 days in jail and a fine up to $500. Driver's license suspension for up to 2 years. First Offense OWI — BAC 0.15% or higher (IC 9-30-5-1(b)): Class A misdemeanor. Up to 1 year in jail and a fine up to $5,000. Driver's license suspension for up to 2 years. OWI with Schedule I or II Substance (IC 9-30-5-1(c)): Operating with any Schedule I or II controlled substance or its metabolite in the blood is a Class C misdemeanor. Elevated to a Level 6 felony if the person has a prior OWI conviction within the preceding 7 years. Second Offense OWI (within 7 years): Level 6 felony. 6 months to 2.5 years in prison, fine up to $10,000. Mandatory minimum 5 days in jail served without good-time credit. Third or Subsequent Offense OWI: Level 6 felony with mandatory minimum 10 days served without good-time credit. OWI Causing Serious Bodily Injury (IC 9-30-5-4): Level 5 felony. 1 to 6 years in prison, fine up to $10,000. OWI Causing Death (IC 9-30-5-5): Level 4 felony. 2 to 12 years in prison, fine up to $10,000. Implied Consent (IC 9-30-6-1): Indiana's implied consent law requires submission to a certified chemical test (blood, breath, or urine) when an officer has probable cause to believe the person operated a vehicle while intoxicated. Refusal results in an automatic 1-year license suspension for a first refusal, 2 years for a subsequent refusal. Ignition Interlock Device: Courts may order installation of an ignition interlock device as a condition of probation or specialized driving privileges. Interlock is mandatory for repeat offenders seeking driving privileges during their suspension period.

Indiana Marijuana Laws

Status: Illegal

Marijuana remains fully illegal in Indiana for both recreational and medical use. The state has not enacted a medical marijuana program, no decriminalization provisions, and no legalization measures as of 2025. Possession Penalties (IC 35-48-4-11): Possession of less than 30 grams of marijuana is a Class B misdemeanor (up to 180 days in jail, $1,000 fine). Possession of 30 grams or more, or any amount with a prior drug conviction, is a Class A misdemeanor (up to 1 year, $5,000 fine). Hash Oil and Concentrates: Indiana treats marijuana concentrates far more harshly than plant marijuana. Possession of any amount of hash oil, hashish, or salvia divinorum is a Class A misdemeanor. Possession of 5 or more grams with a prior drug conviction is a Level 6 felony (6 months to 2.5 years, up to $10,000 fine). This means a person carrying a single THC vape cartridge from a neighboring legal state can face more serious charges than someone possessing plant marijuana. Dealing in Marijuana (IC 35-48-4-10): Dealing less than 30 grams is a Class A misdemeanor. Dealing 30 grams or more, or any amount with a prior conviction, is a Level 6 felony. Larger quantities or dealing to minors escalate to Level 5 felony (1 to 6 years). Hemp and Delta-8 THC: Indiana legalized hemp under HEA 1148 (2019) in compliance with the federal Farm Bill. However, in 2025, Senate Bill 478 advanced through the legislature to ban Delta-8 THC and other synthetic hemp-derived cannabinoids, adopting a 0.4 milligram THC cap per container. The anticipated effective date for most SB 478 provisions is July 1, 2025. Legislative Outlook: Multiple marijuana reform bills have been introduced in recent sessions, including House Bills 1145, 1630, and 1654 and Senate Bill 113 in 2025, but none advanced. Leadership in both chambers has indicated that marijuana reform is not a legislative priority. Indiana remains one of the strictest states in the country regarding cannabis policy, surrounded by states (Michigan and Illinois) with full legalization.

Indiana Good Samaritan LawYes - Active

Indiana's Good Samaritan protections for drug overdoses are provided through Aaron's Law (IC 16-42-27), originally signed into law by Governor Mike Pence in 2015. The law was created in response to the 2013 heroin overdose death of 20-year-old Aaron Sims of Indianapolis. Key Provisions: Aaron's Law provides limited immunity from prosecution for simple possession of controlled substances for individuals who administer naloxone to a person experiencing an apparent opioid-related overdose. To qualify for immunity, the individual must meet all of the following conditions:

Obtained naloxone pursuant to IC 16-42-27
Administered the naloxone to a person experiencing an apparent opioid-related overdose
Attempted to summon emergency medical services (911) either immediately before or after administering naloxone
Provided their full name and any relevant information requested by law enforcement
Remained at the scene until emergency medical assistance arrived
Cooperated with emergency medical assistance personnel and law enforcement officers

Scope of Immunity: The immunity is limited to simple possession of controlled substances. It does not extend to outstanding warrants, probation or parole violations, manufacturing or dealing charges, or other non-drug offenses discovered at the scene. Important Limitation: Indiana does not have a stand-alone overdose Good Samaritan law separate from its naloxone access statute. The Good Samaritan protections are specifically tied to naloxone administration, meaning a person who calls 911 for an overdose but does not administer naloxone may not receive the same level of protection. Civil Immunity: Healthcare providers who prescribe or dispense naloxone and individuals who administer naloxone in good faith are also protected from civil liability under the statute.

Indiana Naloxone (Narcan) Access

Indiana has enacted naloxone access provisions under IC 16-42-27 (Aaron's Law) to combat the opioid overdose crisis. Prescribing and Dispensing Authority: Physicians, physician assistants, advanced practice registered nurses, the state health commissioner, and local public health authorities may prescribe and dispense naloxone (brand name Narcan) either directly or by standing order. Naloxone may be prescribed to individuals at risk of opioid-related overdose, as well as to family members, friends, or any other person in a position to assist someone at risk. Statewide Standing Order: The Indiana State Health Commissioner has issued a statewide standing order for naloxone, allowing pharmacies and authorized entities to dispense naloxone without an individual prescription. This significantly expands access across the state. Training Requirement: Persons receiving naloxone under the standing order must be trained in its administration, must agree to alert 911 immediately after use, and must receive information about substance use disorder treatment services. Pharmacy Access (IC 16-42-27-2): Licensed pharmacists may dispense naloxone under the statewide standing order without requiring a patient-specific prescription. This allows any person to walk into a participating pharmacy and obtain naloxone. Over-the-Counter Availability: Following the FDA's 2023 approval of over-the-counter naloxone (Narcan nasal spray), naloxone is also available without a prescription at pharmacies throughout Indiana. Civil and Criminal Immunity: Healthcare providers who prescribe or dispense naloxone and individuals who administer naloxone in good faith to someone experiencing an apparent opioid overdose are protected from both civil liability and criminal prosecution. Community Distribution: The Indiana Division of Mental Health and Addiction (DMHA) coordinates naloxone distribution through community organizations, harm reduction programs, health departments, and first responder agencies. The Indiana State Department of Health (ISDH) oversees the state's overdose prevention programs.

Indiana Drug Courts & Diversion Programs

Indiana operates a robust system of problem-solving courts, including drug treatment courts, authorized under IC 33-23-16 and administered through the Indiana Office of Court Services. Scope: Approximately 55 circuit, superior, county, and city courts across Indiana have certified court alcohol and drug programs (CADP). These programs are certified by the Indiana Division of Mental Health and Addiction (DMHA) and provide judicially supervised treatment for offenders with substance use disorders. Types of Problem-Solving Courts: Indiana operates several categories including adult drug courts, juvenile drug courts, family dependency drug courts, DUI/OWI courts, veterans treatment courts, and mental health courts. Eligibility: Drug courts generally serve non-violent offenders with diagnosed substance use disorders. Eligibility criteria vary by county but typically require that the current offense is drug-related or substance abuse was a significant contributing factor, the defendant has no history of violent offenses, and the defendant is willing to participate in intensive supervision and treatment. Program Structure: Traditional drug court tracks are typically 18 to 24 months in length and include five reporting phases, intensive reporting requirements, and frequent urine drug screening. Programs may include comprehensive mental health and substance abuse assessments, intensive outpatient therapy, group therapy, individual counseling, and substance abuse education courses. Pre-Trial Diversion: Many Indiana counties offer pre-trial diversion programs that allow first-time offenders to complete counseling, drug testing, community service, and treatment in exchange for dismissed charges, avoiding a conviction entirely. Outcomes: Successful completion of a drug court program may result in dismissed or reduced charges, depending on the terms of the participant's agreement. Indiana drug courts have been shown to reduce recidivism, with national studies showing a 38-50% reduction in re-offending among drug court participants.

Does Indiana Have Mandatory Minimums for Drugs?

Indiana imposes several mandatory minimum sentences and sentence enhancements for drug offenses, with penalties escalating based on substance type, quantity, and prior criminal history. Repeat Trafficking Offenders (HEA 1235): Indiana reinstated 10-year mandatory minimum prison terms for persons convicted of dealing methamphetamine, heroin, or cocaine who have a prior conviction for trafficking in those substances. This law was signed by then-Governor Mike Pence. Enhancing Circumstances (IC 35-48-1-16.5): Drug offenses can be elevated by one felony level when enhancing circumstances are present. These include:

Prior conviction for dealing in a controlled substance (excluding marijuana, hashish, hash oil, or salvia)
Possession of a firearm during the commission of the offense
Commission of the offense on or near school property (within 1,000 feet)
Commission of the offense in a public park where minors were present
Delivery to a person under 18 years of age
Delivery to a person at least 3 years younger than the offender

Drug-Free Zone Enhancement (IC 35-48-4-16): Drug offenses committed within 1,000 feet of a school, public park, family housing complex, or youth program center are enhanced by one felony level. OWI Mandatory Minimums (IC 9-30-5): A person with one prior OWI conviction must serve a mandatory minimum of 5 days in jail without good-time credit. A person with two or more prior OWI convictions must serve a mandatory minimum of 10 days without good-time credit. Felony Sentencing Ranges:

Level 1 Felony: 20 to 40 years, fine up to $10,000
Level 2 Felony: 10 to 30 years, fine up to $10,000
Level 3 Felony: 3 to 16 years, fine up to $10,000
Level 4 Felony: 2 to 12 years, fine up to $10,000
Level 5 Felony: 1 to 6 years, fine up to $10,000
Level 6 Felony: 6 months to 2.5 years, fine up to $10,000

Level 6 Felony Reduction: Under IC 35-50-2-7(c), a court may enter judgment of conviction as a Class A misdemeanor for a Level 6 felony if certain conditions are met, including completion of the sentence and no new felony convictions. This provides a potential pathway for some drug offenders to reduce their felony record.

Treatment Alternatives to Incarceration

Indiana offers several treatment-based alternatives to incarceration for drug offenders: Problem-Solving Courts (Drug Courts): Indiana's approximately 55 drug courts provide judicially supervised treatment programs lasting 18-24 months as an alternative to traditional prosecution. Successful completion may result in dismissed or reduced charges. Pre-Trial Diversion Programs: Many Indiana counties operate pre-trial diversion programs for first-time, non-violent drug offenders. Participants complete counseling, drug testing, community service, and treatment. Upon successful completion, charges are dismissed entirely, avoiding a criminal conviction. Community Corrections (IC 35-38-2.6): Courts may sentence eligible offenders to community-based alternatives including residential treatment programs, work release, home detention with electronic monitoring, day reporting programs, and intensive supervision. DMHA-Certified Treatment Programs: The Indiana Division of Mental Health and Addiction (DMHA) certifies substance abuse treatment providers throughout the state. Court-ordered treatment through DMHA-certified providers may include comprehensive mental health and substance abuse assessments, intensive outpatient treatment, group therapy, individual counseling, and medication-assisted treatment (MAT). Recovery Works Program: Indiana's Recovery Works program, administered by DMHA, provides voucher-funded treatment services for individuals in the criminal justice system who have substance use disorders. The program covers assessments, outpatient treatment, residential treatment, peer recovery coaching, and other recovery support services. Probation with Treatment Conditions: Under Indiana sentencing guidelines, judges may suspend portions of a sentence and place the defendant on probation with conditions including mandatory substance abuse treatment, regular drug testing, and participation in recovery support services. Level 6 Felony Alternatives: For Level 6 felony drug possession offenses, courts have discretion to impose alternatives to incarceration, including probation with community corrections placement and mandatory treatment. Additionally, under IC 35-50-2-7(c), Level 6 felony convictions may later be reduced to Class A misdemeanors upon successful completion of the sentence.

Facing Drug Charges in Indiana?

Many Indiana courts offer treatment-based alternatives to incarceration. Drug court programs, diversion programs, and court-ordered rehab can help you get treatment instead of jail time.

Find Treatment in Indiana SAMHSA Helpline: 1-800-662-4357

New Indiana Drug Laws (2025-2026)

2025 Legislative Session:

HEA 1056 — Synthetic Drug Scheduling: One of the most consequential new drug laws in Indiana for 2025. This act significantly broadened Indiana's Schedule I controlled substances list by adding dozens of synthetic opioids, fentanyl analogs, and other designer drugs. It also grants the Indiana Board of Pharmacy authority to classify emergent drugs under Schedule I through emergency rulemaking, enabling faster responses to new synthetic substances entering the market.
SB 478 — Hemp and Cannabinoid Regulation: This sweeping proposal regulates Delta-8 THC and other hemp-derived cannabinoids by adopting a 0.4 milligram THC cap per container and banning synthetic cannabinoids. Most provisions have an anticipated effective date of July 1, 2025.
Marijuana Reform Bills Stalled: House Bills 1145, 1630, and 1654 and Senate Bill 113, which proposed various marijuana reform measures, all stalled before reaching a full vote. Legislative leadership in both chambers indicated that marijuana reform is not a priority.

2024 Legislative Session:

Continued focus on fentanyl-related enforcement and overdose prevention.
Expansion of naloxone access programs through community distribution networks.
Multiple marijuana legalization and medical marijuana bills were introduced but failed to advance through committee.

Ongoing Trends:

Indiana continues aggressive enforcement against methamphetamine and synthetic opioids, particularly fentanyl.
Problem-solving courts (drug courts) continue to expand across the state.
The opioid crisis remains a primary driver of drug policy in Indiana, with the state focusing on both enforcement and treatment access.
Indiana remains one of the most restrictive states regarding cannabis, surrounded by legal-marijuana states Michigan and Illinois, creating continued cross-border enforcement issues.

Frequently Asked Questions: Indiana Drug Laws

Sources & Citations

Indiana Code Title 35, Article 48 — Controlled Substances (IC 35-48)
IC 35-48-4-7 — Possession of a Controlled Substance (IC 35-48-4-7)
IC 35-48-4-11 — Possession of Marijuana, Hash Oil, Hashish, or Salvia (IC 35-48-4-11)
IC 35-48-2-4 through 35-48-2-12 — Drug Schedule Classification (IC 35-48-2)
IC 35-48-4-1.2 — Manufacturing Methamphetamine (IC 35-48-4-1.2)
IC 9-30-5 — Operating a Vehicle While Intoxicated (IC 9-30-5)
IC 16-42-27 — Aaron's Law (Naloxone Access and Good Samaritan Protections) (IC 16-42-27)
Indiana Judicial Branch — Court Alcohol and Drug Program (Office of Court Services)
Indiana State Department of Health — Overdose Prevention (Naloxone Legislation)
NORML — Indiana Laws and Penalties (Indiana Marijuana Penalties)

Indiana State Bar Association Free Legal Aid

Legal Disclaimer

The information on this page is provided for general educational purposes only and does not constitute legal advice. Laws change frequently, and their application depends on specific facts and circumstances. This content should not be relied upon as a substitute for consultation with a qualified attorney licensed in your state. United Rehabs is not a law firm and does not provide legal services. If you need legal advice, contact a licensed attorney or your state bar association.