Indiana is one of only nine states in the U.S. that have still not legalized marijuana for medical use, let alone recreational use.
While many states have pushed to legalize marijuana, Indiana remains a bit behind the times. Especially given that all states neighboring Indiana have already passed medical marijuana legislation of their own.
For now, the people of Indiana have no legal avenue to purchase cannabis. But there are still a few legal alternatives to medical marijuana that could benefit Indiana residents.
Here’s what you need to know about legal alternatives to medical marijuana in Indiana, as well as how soon Indiana could legalize cannabis.
Indiana law strictly prohibits the use, growth, and possession of any type of marijuana.
Some lawmakers are trying to change that but have not succeeded so far. As recently as April 2023, a proposed amendment that would have legalized marijuana in the state failed, following a 58-33 vote in the state legislature.
Indiana patients could benefit from using marijuana as part of their medical treatment. Unfortunately, they’ll have to rely on some of the other cannabis alternatives that are currently legal.
Since medical marijuana is illegal in Indiana, there’s no such thing as an Indiana medical marijuana card. Under no circumstances are healthcare providers licensed or authorized by any state agency to prescribe or certify patients for medical cannabis use.
Yet there are some alternatives to medical marijuana that can provide benefits for patients suffering from certain medical conditions. Indiana residents who are 21 years of age and older can legally purchase and use:
Delta-8 is a cannabinoid found in the cannabis plant. It became legal in Indiana with the passing of the 2018 Farm Bill, which legalized hemp products.
What exactly is Delta-8 THC, and how is it made?
Delta-8 THC is a cannabinoid derived from the Cannabis sativa plant. In Indiana, it is legal to purchase and consume Delta-8 products that are hemp-derived and contain no more than 0.3% of THC.
It produces euphoric effects similar to that of cannabis or Delta-9 THC (the cannabinoid that is most associated with marijuana), but its overall THC levels are much lower.
Delta-8 THC has been reported to produce psychoactive and anti-inflammatory effects. It produces a “high” that feels similar to, but not as intense as regular cannabis.
Delta-8 THC offers benefits, but there are a few concerns worth noting:
Despite the growing concerns around Delta-8 THC, proponents of the product believe that it can be beneficial to individuals suffering with:
Like Delta-8 THC, CBD is another cannabinoid derived from the cannabis plant. Its chemical formulation is similar to Delta-8 THC, but the chemicals are structured differently and therefore create different effects.
CBD does not produce euphoric or intoxicating effects. Since the hallucinogenic property of THC is almost entirely removed from the product, you cannot “get high” from CBD oil.
Rather, CBD has stress-relieving, pain-relieving, and anti-inflammatory properties. Some patients in Indiana have opted for CBD oil as a way to help treat:
Delta-10 THC is also similar to Delta-8, but it is less potent than both Delta-8 and Delta-9 THC.
It contains a lower concentration of cannabinoids. It also has more of an uplifting and stimulating effect, unlike the more relaxing effects of Delta-8.
Delta-10 THC is legal in Indiana because it is processed from hemp-derived CBD, which contains less than 0.3% THC. However, because it produces euphoric effects and can stimulate appetite while increasing energy levels, it tends to be more popular for recreational use than medical use.
Check Out: HHC vs. THC: Effects, Benefits, and Legal Considerations
Delta-8, Delta-10, and CBD oil can be found in a variety of products, including:
Since there are no licensed cannabis dispensaries in Indiana, you’ll need to look elsewhere for Delta-8, Delta-10, and CBD.
You can often find these products at retail locations such as vaping shops, vitamin and supplement stores, and other health-related retail outlets.
Despite the fact that the neighboring states of Michigan and Illinois have approved legalization of recreational marijuana, Indiana cannabis laws remain strict.
It’s also important to know that Indiana has not decriminalized cannabis possession, either. That means possessing even small amounts of marijuana can land you in jail and subject you to a hefty fine.
If an Indiana law enforcement officer finds that you are in possession of marijuana, even if you legally purchased it while in a different state, you could still face criminal charges and fines for possessing the product on Indiana soil. There are no protections for marijuana possession of any sort under Indiana state law.
Here’s a closer look at Indiana’s cannabis laws.
In Indiana, cannabis is a Schedule I drug. Possession of it is a Class B misdemeanor for first-time offenders.
First time offenders may face up to 180 days in jail and a fine up to a $1,000. Repeat offenders can be sentenced for a jail term of up to one year and fined up to $5,000 if found in possession of small amounts, up to 30 grams.
If a person is found in possession of more than 30 grams, and they already have a prior conviction, they will be charged with a Class D felony. This carries a jail sentence of up to 2.5 years and a $10,000 fine.
It is illegal to use marijuana, in any form and for any reason, in the state of Indiana.
As you might expect, it is also illegal to grow marijuana in Indiana. If you are found growing more than 30 grams, you’ll be charged with a felony that could result in up to 2.5 years in prison and a $10,000 fine.
Unfortunately for would-be medical marijuana patients, the current legality of Delta-8 and Delta-10 are also subject to debate in the Hoosier State.
In January 2023, the Indiana attorney general issued an opinion that the state considers tetrahydrocannabinol variants and other designer cannabinoid products (including Delta-8 THC) to be illegal.
Why?
Because they fall under the definition of a Schedule 1 Controlled Substance.
As of the summer of 2023, the attorney’s offices of Dubois County and Vanderburgh County are attempting to apply and enforce even stricter laws that would completely stop all Delta-8 THC and Delta-10 THC sales.
If you purchase or use these products in Indiana, it’s important to stay abreast of the laws, as they are always subject to change. The Indiana legislature could introduce another cannabis-related bill in the house and senate at any time.
Stay informed so that you know whether it is legal or illegal to purchase, use, or possess these products in Indiana.
Read About: HHS Suggests Revising Cannabis Classification to Schedule III
Doctors in Indiana cannot prescribe CBD oil or Delta THC products, but they should stay informed about the latest research.
Many patients may be considering these products to alleviate the symptoms of a medical condition. This could be for any of several reasons, including that their pharmaceutical medications aren’t working or that they’re choosing not to take them.
In either case, patients may consult physicians to get their opinion on whether these cannabis alternatives are safe and effective to use.
Physicians and other healthcare professionals should know the potential benefits and side effects so that they can advise patients accordingly. If Indiana eventually legalizes marijuana, knowledgeable physicians will be ready to share medical marijuana recommendations with their patients.
Many citizens, would-be medical marijuana patients, and lawmakers in the state want medical marijuana to be legalized. Some are ready to go as far as to legalize marijuana for recreational use (which 23 other states have already done).
Although there is no way to predict if or when it could happen, we can say with confidence that the fight is not yet over.
Indiana lawmakers who support legal marijuana use may be able to convince their fellow legislators to vote “yes” on the matter. One of the biggest motivators could be the taxes collected from legal marijuana sales, which could boost the state’s economy.
In 2022, Michigan made over $341 million in tax revenue on legal marijuana sales. Illinois made more than $466 million.
With these bordering states bringing in so much revenue, it’s a fact that legal marijuana sales are helping to boost local economies. This data can’t be ignored, and some lawmakers in Indianapolis are starting to realize that by not legalizing marijuana, cannabis consumers are simply crossing state lines to purchase it (and pay taxes on it) in neighboring states.
It is also possible that medical marijuana could be legalized at the federal level. If that happens, it would become legal in all states. Indiana residents shouldn’t give up hope. Legislators are still fighting to legalize the right to purchase, possess, and use marijuana for the treatment of medical symptoms.
If and when medical marijuana is legalized through federal law, the process will likely look similar to the process in other states.
Potential medical marijuana patients will likely have to:
Doctors interested in certifying patients for the legal use of cannabis products will likely have to:
While many patients could benefit from using cannabis to treat their health condition, it remains illegal in Indiana. There’s no question that Indiana’s approach to cannabis still lags behind the majority of U.S. states.
Will that change?
There’s no way to know for certain. But considering that 41 other states have already passed pro-marijuana legislation, it may just be a matter of time before Indiana joins.
In the interim, products like Delta-8 THC, Delta-10 THC, and CBD oil are the only legal options. However, if some Indiana lawmakers have their say, even these products may not remain legal for much longer.
We will continue to update this page any time that the marijuana laws in Indiana change.
Bookmark and visit the Marijuana Doctors website regularly to get the latest updates about the legality of cannabis in Indiana. If and when Indiana makes medical marijuana legal, we’ll be ready to connect you with local cannabis doctors.
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