Indiana Drug Laws and Penalties

Indiana drug laws are the criminal statutes in Indiana Code Title 35, Article 48 that control which substances people can possess, sell or make, and Indiana sorts controlled substances into five schedules, Schedule I through Schedule V. The penalty for a drug crime in Indiana depends on the drug’s schedule, the amount, the type of offense and any enhancing circumstance.

Indiana has no medical or recreational marijuana program, so marijuana possession is a crime in Indiana in any amount. Possession charges run from a Class B misdemeanor for a first marijuana offense to a Level 3 felony for 28 grams or more of cocaine or a narcotic drug.

Key Takeaways

• Indiana possession of under 5 grams of cocaine or a Schedule I or II narcotic is a Level 6 felony, carrying 6 months to 2.5 years and a fine of up to $10,000 (IC 35-48-4-6).
• Indiana dealing in 10 grams or more of cocaine or a narcotic drug is a Level 2 felony, carrying 10 to 30 years in prison (IC 35-48-4-1 and IC 35-50-2-4.5).
• An Indiana drug offense within 500 feet of school property or a public park, while a person under 18 is reasonably expected to be present, is an enhancing circumstance that raises the charge.
• Indiana had 140 certified problem-solving courts in 61 counties in April 2025, according to the Indiana Capital Chronicle.

How Do Indiana Drug Laws Work?

Indiana drug laws work by placing each controlled substance in one of five schedules and setting penalties by schedule, amount and conduct. Indiana Code 35-48-2 lists the schedules, and Indiana Code 35-48-4 sets the offenses for possession, dealing and manufacturing. Indiana moved the Article 48 definitions, including “enhancing circumstance,” to Indiana Code 35-48-1.1 in 2025 (P.L. 186-2025).

Indiana replaced its Class A to Class D felonies with six felony levels in 2014. Level 1 is the most serious Indiana felony, and Level 6 is the least serious.

Which Drugs Are Legal in Indiana?

Legal drugs in Indiana are prescription medications used as prescribed, over-the-counter medications, low-THC hemp products, and alcohol and tobacco for adults 21 and older. CBD products with no more than 0.3% delta-9 THC are legal to buy in Indiana. Marijuana and marijuana-derived THC are illegal in Indiana.

What Are the Legal Ages for Alcohol and Tobacco in Indiana?

The legal age for alcohol and tobacco in Indiana is 21. The federal National Minimum Drinking Age Act of 1984 set the drinking age at 21. Indiana raised the tobacco and vaping age to 21 through Senate Enrolled Act 1, effective July 1, 2020, after the federal Tobacco 21 law of December 2019. Under Indiana’s law, a person under 21 who buys, uses or possesses tobacco or vaping products commits a Class C infraction, according to the Indiana Department of Health.

Indiana has allowed Sunday carryout alcohol sales since 2018, from noon to 8 p.m., according to the Indiana Alcohol and Tobacco Commission.

Are Prescription Medications Always Legal in Indiana?

No, prescription medications are legal in Indiana only for the person named on a valid prescription. Possessing a Schedule I to IV controlled substance without a valid prescription is a Class A misdemeanor under Indiana Code 35-48-4-7, and selling or sharing a prescription drug is charged as dealing. Possessing a Schedule IV drug such as a benzodiazepine without a prescription falls under that Class A misdemeanor rule.

Schedule V cough preparations with codeine have one extra Indiana rule. Obtaining more than 4 ounces of Schedule V products containing codeine in any 48-hour period without a prescription is a Class A misdemeanor under Indiana Code 35-48-4-7(c).

Indiana tracks controlled substance prescriptions through INSPECT, the state prescription drug monitoring program run by the Indiana Board of Pharmacy.

Which Drugs Are Illegal in Indiana?

Illegal drugs in Indiana include every Schedule I substance, such as heroin, LSD, MDMA, marijuana and salvia, and any Schedule II to V drug held without a prescription. Indiana also lists synthetic drugs, such as synthetic cannabinoids and kratom’s main compound, in Indiana Code 35-31.5-2-321.

The Grove Estate publishes 4 Indiana guides that explain the law and the health risks for each substance:

• Kratom laws in Indiana list mitragynine, kratom’s main compound, as a synthetic drug.
• Delta-9 THC in Indiana is illegal when marijuana-derived, and most intoxicating hemp-THC products leave the legal market from December 11, 2026.
• Marijuana laws in Indiana make possession a misdemeanor, and a prior drug conviction plus 30 grams or more makes it a Level 6 felony.
• Salvia in Indiana is a Schedule I controlled substance, the same schedule as heroin.

Is Marijuana Illegal in Indiana?

Yes, marijuana is illegal in Indiana for both medical and recreational use, and Indiana Code 35-48-2-4 lists marijuana and tetrahydrocannabinols in Schedule I. Indiana marijuana possession is a Class B misdemeanor, a Class A misdemeanor with a prior drug conviction, and a Level 6 felony with a prior drug conviction plus 30 grams or more (IC 35-48-4-11).

What Are Indiana’s Drug Schedules?

Indiana’s 5 drug schedules rank controlled substances by abuse potential and accepted medical use, and they mirror the federal schedules kept by the Drug Enforcement Administration (DEA). The table below lists examples of drugs in each Indiana schedule.

Indiana schedule	Examples	Accepted medical use
Schedule I	Heroin, LSD, MDMA, marijuana, THC, salvia	None
Schedule II	Cocaine, methamphetamine, fentanyl, oxycodone	Yes, with strict limits
Schedule III	Ketamine, anabolic steroids	Yes
Schedule IV	Alprazolam (Xanax), diazepam (Valium)	Yes
Schedule V	Cough preparations with small amounts of codeine	Yes

Federal pharmacy rules set the refill limits. Schedule II prescriptions cannot be refilled, and Schedule III and IV prescriptions allow up to 5 refills within 6 months (21 CFR 1306).

What Are the Penalties for Drug Possession in Indiana?

Indiana drug possession penalties range from a Class B misdemeanor for marijuana to a Level 3 felony for 28 grams or more of cocaine or a narcotic drug. The table below lists the main Indiana possession offenses.

Indiana possession offense	Charge	Statute
Marijuana, hashish or salvia, no prior drug conviction	Class B misdemeanor	IC 35-48-4-11
Marijuana with a prior drug conviction	Class A misdemeanor	IC 35-48-4-11
Marijuana, prior drug conviction and 30 grams or more	Level 6 felony	IC 35-48-4-11
Schedule I to IV drug without a prescription (not cocaine or a narcotic)	Class A misdemeanor; Level 6 felony with an enhancing circumstance	IC 35-48-4-7
Cocaine or a Schedule I or II narcotic, under 5 grams	Level 6 felony	IC 35-48-4-6
Cocaine or narcotic, 5 to under 10 grams	Level 5 felony	IC 35-48-4-6
Cocaine or narcotic, 10 to under 28 grams	Level 4 felony	IC 35-48-4-6
Cocaine or narcotic, 28 grams or more	Level 3 felony	IC 35-48-4-6

An enhancing circumstance raises Indiana cocaine and narcotic possession by one level at each weight. Methamphetamine possession has its own Indiana section, IC 35-48-4-6.1.

What Are the Penalties for Drug Dealing and Manufacturing in Indiana?

Indiana dealing in cocaine or a narcotic drug starts as a Level 5 felony and reaches a Level 2 felony at 10 grams or more under Indiana Code 35-48-4-1. Indiana treats manufacturing as dealing, and manufacturing is also an enhancing circumstance. The table below lists the Indiana dealing levels for cocaine and narcotic drugs.

Amount of cocaine or narcotic	Indiana charge
Under 1 gram	Level 5 felony
1 to under 5 grams, or under 1 gram of a fentanyl-containing drug	Level 4 felony
5 to under 10 grams	Level 3 felony
10 grams or more	Level 2 felony

An enhancing circumstance raises each Indiana dealing level by one. Indiana requires evidence of intent beyond weight, or at least 28 grams, to convict a person of possession with intent to deal.

Indiana dealing penalties for other drugs follow the same steps at lower starting points. The following are the 3 other Indiana dealing offenses:

• Schedule I, II or III drugs other than cocaine, narcotics and marijuana start as a Level 6 felony (IC 35-48-4-2).
• Schedule IV drugs start as a Class A misdemeanor (IC 35-48-4-3).
• Marijuana starts as a Class A misdemeanor, becomes a Level 6 felony at 30 grams or with a prior conviction, and becomes a Level 5 felony at 10 pounds or for a sale to a minor (IC 35-48-4-10).

Indiana also charges methamphetamine precursors. Possessing 2 or more chemical reagents or precursors with intent to manufacture, or more than 10 grams of pseudoephedrine, is a Level 6 felony in Indiana, and a Level 5 felony with a firearm or near a school or park (IC 35-48-4-14.5).

What Are the Sentencing Ranges for Indiana Drug Crimes?

Indiana sentencing ranges run from up to 60 days for a Class C misdemeanor to 20 to 40 years for a Level 1 felony. Indiana Code 35-50-2 and 35-50-3 set these ranges, and every Indiana felony level carries a fine of up to $10,000.

Indiana offense level	Prison or jail range	Advisory sentence	Maximum fine
Level 1 felony	20 to 40 years	30 years	$10,000
Level 2 felony	10 to 30 years	17.5 years	$10,000
Level 3 felony	3 to 16 years	9 years	$10,000
Level 4 felony	2 to 12 years	6 years	$10,000
Level 5 felony	1 to 6 years	3 years	$10,000
Level 6 felony	6 months to 2.5 years	1 year	$10,000
Class A misdemeanor	Up to 1 year	None	$5,000
Class B misdemeanor	Up to 180 days	None	$1,000
Class C misdemeanor	Up to 60 days	None	$500

What Raises a Drug Charge in Indiana?

An enhancing circumstance or a criminal history raises an Indiana drug charge to a higher level. Indiana Code 35-48-1.1-18 defines the enhancing circumstances, and Indiana Code 35-50-2-8 sets the habitual offender rules.

What Are Enhancing Circumstances in Indiana Drug Cases?

Indiana law lists 8 enhancing circumstances for drug offenses. The following are the 8 enhancing circumstances in Indiana Code 35-48-1.1-18:

• A prior conviction for dealing a controlled substance other than marijuana, hashish, hash oil or salvia.
• Possessing a firearm while committing the offense.
• Committing the offense on a school bus, or within 500 feet of school property or a public park while a person under 18 is reasonably expected to be present.
• Delivering the drug to a person under 18 who is at least 3 years younger.
• Manufacturing the drug, or financing its manufacture.
• Committing the offense in the physical presence of a child under 18.
• Committing the offense on the property of a penal facility or juvenile facility.
• Committing the offense within 100 feet of a facility where people receive addiction treatment or recovery support.

What Are School Zone Drug Penalties in Indiana?

An Indiana drug offense near a school raises the charge only within 500 feet of school property, and only while a person under 18 is reasonably expected to be present. Indiana replaced its older 1,000-foot drug-free zone with this rule in 2014. A school-zone enhancement turns Class A misdemeanor drug possession into a Level 6 felony in Indiana (IC 35-48-4-7).

How Do Prior Convictions Affect Indiana Drug Penalties?

A prior drug conviction in Indiana raises marijuana possession to a Class A misdemeanor, and a prior dealing conviction counts as an enhancing circumstance. Indiana’s habitual offender law adds a nonsuspendible prison term of 8 to 20 years for murder or a Level 1 to 4 felony, and 3 to 6 years for a Level 5 or 6 felony (IC 35-50-2-8). Habitual offender status in Indiana requires 2 prior unrelated felonies for most charges and 3 for a Level 6 felony.

How Does Indiana Use Drug Courts and Diversion?

Indiana uses certified problem-solving courts and prosecutor pretrial diversion to move eligible people from jail into supervised treatment. The Indiana Supreme Court’s Office of Court Services certifies these courts, and Indiana had 140 certified problem-solving courts in 61 counties in April 2025, according to the Indiana Capital Chronicle.

What Are Indiana’s Drug Court Options?

Indiana drug courts combine addiction treatment, regular drug testing and judicial check-ins in place of jail for eligible participants. Indiana Code 33-23-16 governs Indiana problem-solving courts, and the Indiana courts directory lists the drug courts open in each county. Indiana drug court treatment can include medication for opioid use disorder when it fits the person’s care. Availability of Indiana drug courts varies by county.

Can First-Time Drug Offenders Get Diversion in Indiana?

Yes, many first-time drug offenders in Indiana qualify for pretrial diversion, which ends in dismissal of the charge after the person completes the agreed terms. Indiana Code 33-39-1-8 lets a county prosecutor withhold prosecution while the person completes conditions such as treatment and drug testing. Each Indiana county prosecutor sets the eligibility rules for that county’s diversion program.

What Should You Do If You Face Drug Charges in Indiana?

A person facing drug charges in Indiana protects their case by staying silent, asking for a lawyer and exploring treatment-based options early. The following are 4 steps that protect a person charged with a drug crime in Indiana:

• Using the right to stay silent and asking for a lawyer before answering police questions.
• Asking a defense lawyer whether drug court or pretrial diversion fits the case.
• Starting addiction treatment voluntarily, which shows the court a commitment to recovery.
• Checking eligibility for Recovery Works, Indiana’s state program that pays for treatment for people in the justice system.

What Rights Protect People Facing Indiana Drug Charges?

The Fourth Amendment and Article 1, Section 11 of the Indiana Constitution protect people in Indiana from unreasonable searches and seizures. An Indiana court can suppress drug evidence that police found through an unlawful search, which can lead to dismissal of the drug charge.

How Does The Grove Estate Help People Whose Drug Use Led to Charges?

The Grove Estate treats substance use disorders in residential treatment at ASAM Level 3.5 on a 25-acre campus in Peru, Indiana. Withdrawal management happens within residential treatment, with physician-directed medication and 24-hour nursing oversight, as described in The Grove Estate’s detox program.

Dr. Steven Schneider, MD, The Grove Estate’s Medical Director, is a Diplomate and Fellow of the American Board of Psychiatry and Neurology with 35 years in psychiatry. People across the state can compare options on The Grove Estate’s Indiana rehab locations page. Call 765-204-1188 to speak with admissions.

Frequently Asked Questions

Is Possession of Xanax a Felony in Indiana?

No, possessing Xanax without a prescription is a Class A misdemeanor in Indiana, because alprazolam is a Schedule IV drug. An enhancing circumstance, such as possession near a school, raises it to a Level 6 felony (IC 35-48-4-7).

How Many Grams of Marijuana Is a Felony in Indiana?

Marijuana possession in Indiana becomes a Level 6 felony at 30 grams or more only when the person has a prior drug conviction. Without a prior conviction, Indiana marijuana possession is a Class B misdemeanor in any amount.

Is a First Drug Offense a Felony in Indiana?

A first Indiana drug offense is a felony when it involves cocaine or a Schedule I or II narcotic, because possessing any amount under 5 grams is a Level 6 felony. First-time possession of marijuana or most other drugs is a misdemeanor.

What Is Constructive Possession in Indiana?

Constructive possession in Indiana means a person had the intent and the capability to control drugs that were not on their body, such as drugs in their car or home. Indiana courts treat constructive possession the same as actual possession.

What Is the Indiana Code for Drug Possession?

Indiana drug possession offenses are in Indiana Code 35-48-4. Section 35-48-4-6 covers cocaine and narcotics, 35-48-4-6.1 covers methamphetamine, 35-48-4-7 covers other controlled substances and 35-48-4-11 covers marijuana.

Is CBD Legal in Indiana?

Yes, CBD products with no more than 0.3% delta-9 THC are legal to buy and possess in Indiana. Products made from marijuana, or with more than 0.3% THC, are illegal in Indiana.

References

• Indiana General Assembly. Indiana Code Title 35, Article 48 (Controlled Substances), §§ 35-48-1.1-18, 35-48-2-4, 35-48-4-1, 35-48-4-2, 35-48-4-3, 35-48-4-6, 35-48-4-7, 35-48-4-10, 35-48-4-11, 35-48-4-14.5. iga.in.gov
• Indiana General Assembly. Indiana Code §§ 35-50-2-4 to 35-50-2-8 and 35-50-3-2 to 35-50-3-4 (Sentences). iga.in.gov
• Indiana General Assembly. Indiana Code § 33-23-16 (Problem-Solving Courts) and § 33-39-1-8 (Pretrial Diversion). iga.in.gov
• Indiana Department of Health. Tobacco 21. in.gov
• U.S. Drug Enforcement Administration. Drug Scheduling. dea.gov
• Indiana Capital Chronicle (April 21, 2025). A joyful milestone for the entire community: problem-solving court success. indianacapitalchronicle.com