Indiana Marijuana Possession Penalties

Last verified: April 2026

The Statute: IC 35-48-4-11

Indiana Code § 35-48-4-11 is the principal possession statute, and unlike many states it folds three behaviors into a single section: knowingly or intentionally possessing marijuana, cultivating marijuana, and failing to destroy marijuana plants growing on premises the defendant owns. All three are punished identically. The statute also reaches hashish, hash oil, and salvia divinorum, but with a tighter threshold for the felony enhancement.

A person who knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia commits possession of marijuana, hash oil, hashish, or salvia, a Class B misdemeanor.

Indiana Code § 35-48-4-11(a)

The Three-Step Ladder

Indiana’s possession statute escalates in three discrete tiers driven by two variables: a defendant’s prior drug history, and (for the felony tier) the weight of the substance involved. There is no separate IC 35-48-4-11.5 governing hashish — an error that circulates online. Hashish, hash oil, and salvia are governed by the same IC 35-48-4-11, with a 5-gram trigger replacing the 30-gram trigger.

The Hashish Multiplier

The 5-gram threshold for concentrates is the single most important detail in the Indiana possession ladder. A vape cartridge containing roughly 1 gram of THC distillate counts as 1 gram of hash oil. Five carts — routinely sold in three-packs at Michigan and Illinois dispensaries — cross the felony enhancement line for any defendant with a prior drug conviction. By contrast, 30 grams of flower is roughly an ounce. The disparity is statutory rather than scientific: it reflects how IC 35-48-4-11 was drafted in the 1970s, before concentrate products existed in their modern form.

What Counts as a “Prior Drug Conviction”

The enhancement clause references a prior conviction under Indiana’s controlled-substances chapter (IC 35-48-4) or a substantially similar offense from another state or federal court. A prior is a prior whether it was for cannabis, methamphetamine, or any other scheduled substance. A 1998 misdemeanor possession conviction in another state can convert a current single-joint case from a Class B misdemeanor into a Class A — and into a Level 6 felony if 30 grams or 5 grams of concentrate are involved.

Large-Quantity Possession

IC 35-48-4-11 contains no special tier for 100-pound or larger quantities. In practice, prosecutors charge those cases as dealing under IC 35-48-4-10, where the 10-pound threshold already triggers Level 5 felony exposure (1–6 years prison, advisory 3 years). Possession-with-intent-to-deliver requires evidence beyond weight alone — packaging, scales, ledgers, or baggies — under IC 35-48-4-10(b).

Cultivation Sits in the Same Section

IC 35-48-4-11(a)(2)–(3) treats growing any amount of marijuana — and knowingly failing to destroy plants on your premises — identically to possession of harvested product. A potted plant on a windowsill is a Class B misdemeanor. With a prior, Class A. With a prior plus 30 grams of harvested product, Level 6 felony. See cultivation.

Court Costs and Collateral Consequences

Statutory maxima are only one piece of the cost equation. Marion County misdemeanor cases typically add $185–$300 in mandatory court costs and fees on top of any fine. A drug conviction triggers a one-year driver’s license suspension under IC 9-30-4-6 even when the offense had nothing to do with driving. Federal student aid eligibility (FAFSA) was decoupled from drug convictions in the 2021 federal reform, but state-administered scholarships and certain professional licenses remain affected.

Conditional Discharge as a Pressure Valve

For first-offenders, IC 35-48-4-12 allows a plea to misdemeanor possession of marijuana, hashish, salvia, or smokable hemp without entering judgment of conviction; on completion of court conditions, the case is dismissed. The provision is one-time-only and discretionary with the court — not a right. It does not apply to felonies. See conditional discharge.

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