US State

Cannabis and hemp laws

Indiana

Recreational and medical marijuana illegal; THCA, delta-8, delta-10 and HHC restricted; hemp delta-9 legal

Adult use
Illegal
Medical
Illegal
Last reviewed
May 27, 2026

Indiana

Cannabinoid status board

All states and compounds

Delta-10 THC

Restricted

Limits

0.3 percent delta-9 THC by dry weight under IC 15-15-13. No statewide per-serving mg cap. AG Opinion 2023-1 argues synthetic-conversion isomers including delta-10 fall outside the statutory hemp definition.

Key law

Indiana Hemp Act, IC 15-15-13 (SEA 516, 2019); IC 35-48-2-4 (Schedule I); Indiana AG Official Opinion 2023-1 (January 12, 2023)

Effective

January 12, 2023

Full rules

Delta-8 THC

Restricted

Limits

0.3 percent delta-9 THC by dry weight under IC 15-15-13. No statewide per-serving mg cap. AG Opinion 2023-1 argues synthetic-conversion delta-8 falls outside the statutory hemp definition.

Key law

Indiana Hemp Act, IC 15-15-13 (SEA 516, 2019); IC 35-48-2-4 (Schedule I); Indiana AG Official Opinion 2023-1 (January 12, 2023)

Effective

January 12, 2023

Full rules

Delta-9 THC

Legal

Limits

0.3 percent delta-9 THC by dry weight under IC 15-15-13. No statewide per-serving mg cap on edibles or beverages. Smokable hemp prohibited under IC 35-48-1-26.6.

Key law

Indiana Hemp Act, IC 15-15-13 (SEA 516, 2019); IC 35-48-1-26.6 (smokable hemp ban); Indiana AG Official Opinion 2023-1 (January 12, 2023)

Effective

May 2, 2019

Full rules

HHC

Restricted

Limits

0.3 percent delta-9 THC by dry weight under IC 15-15-13. No statewide per-serving mg cap. AG Opinion 2023-1 argues synthetic-conversion cannabinoids including HHC fall outside the statutory hemp definition.

Key law

Indiana Hemp Act, IC 15-15-13 (SEA 516, 2019); IC 35-48-2-4 (Schedule I); Indiana AG Official Opinion 2023-1 (January 12, 2023)

Effective

January 12, 2023

Full rules

THCA

Restricted

Limits

Federal delta-9-only standard at 0.3 percent dry weight under IC 15-15-13. No statewide per-serving mg cap on edibles. Smokable hemp prohibited under IC 35-48-1-26.6.

Key law

Indiana Hemp Act, IC 15-15-13 (SEA 516, 2019); IC 35-48-1-26.6 (smokable hemp ban); Indiana AG Official Opinion 2023-1 (January 12, 2023)

Effective

May 2, 2019

Full rules

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Indiana

Latest news and analysis

All news

Is Delta-8 Legal in Indiana? 2026 Rules After SB 478's Collapse & the AG Pushback

Indiana SB 478 advanced in 2025 to regulate delta-8 and other hemp cannabinoids, drawing pushback from the state Attorney General on enforcement scope.

Is Delta-8 Legal in Indiana? 2026 Rules After SB 478's Collapse & the AG Pushback

Indiana SB 478 advanced in 2025 to regulate delta-8 and other hemp cannabinoids, drawing pushback from the state Attorney General on enforcement scope.

FAQ

Common questions

Is marijuana legal in Indiana?

Recreational marijuana is illegal in Indiana. Medical marijuana is not legal.

Is THCA legal in Indiana?

Restricted. Indiana allows hemp under the Indiana Hemp Act, IC 15-15-13, when the finished product tests at or below 0.3 percent delta-9 THC by dry weight.

Is delta-8 THC legal in Indiana?

Restricted. Delta-8 THC products are sold widely at Indiana retail today, but the legal status is contested.

Is hemp-derived delta-9 THC legal in Indiana?

Legal in non-smokable form. Hemp-derived delta-9 edibles, tinctures, and beverages are lawful in Indiana under the Indiana Hemp Act, IC 15-15-13, provided the finished product contains no more than 0.3 percent delta-9 THC by dry weight.

This is general information, not legal advice.

Seed Legality

Viable marijuana seeds are marijuana under IC 35-48-1-19; hemp seed sales need OISC and seedsman licensing.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

IC 35-48-1-19 defines marijuana to include the plant's seeds, excluding only sterilized seed incapable of germination, hemp, and low-THC extract; with no medical or adult-use program, possessing, selling, or gifting viable marijuana seed is a criminal offense (possession is a Class B misdemeanor, dealing escalates with weight). Hemp growers must be licensed by the Office of Indiana State Chemist under IC 15-15-13, and anyone selling agricultural hemp seed for sowing must additionally hold a seedsman license under Indiana seed law. 2026 legislative activity has focused on hemp product regulation, not seed liberalization.

Key law:
IC 35-48-1-19; IC 35-48-4-11; IC 15-15-13
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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