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Is it illegal to travel through Indiana with marijuana?

On Behalf of | Jan 13, 2024 | DWI OWI DUI

Indiana is known for having some of the strictest marijuana laws in the United States. As a result, it can be tempting to obtain marijuana elsewhere. However, bringing this substance across state lines into Indiana – regardless of whether you intend to use it while in Indiana or not – could lead to serious legal consequences. 

Possession of even a small amount of marijuana is illegal in Indiana and can lead to criminal charges. Unlike some of its neighboring states, Indiana has not legalized marijuana for recreational use, and its medical marijuana program is extremely limited. As such, possession of marijuana – even if you are just “traveling through” the state is technically a crime and could lead to significant penalties and secondary consequences as well. 

What’s the big deal?

Despite the legalization of marijuana in numerous states, it remains illegal under federal law and is classified as a Schedule I controlled substance. This federal prohibition complicates matters when people are traveling between states, especially through states like Indiana where marijuana remains illegal under state law. 

Interstate travel concerns fall under federal jurisdiction, and transporting marijuana across state lines is a federal offense. Meaning, that depending on your circumstances, if you’re traveling with marijuana in Indiana, you could be charged with a federal crime, a state crime or both. The specifics of your situation will largely depend on where you procured the marijuana. 

Penalties for possession can include fines, jail time and a criminal record, depending on the amount of marijuana found, any aggravating factors that may impact your case and any prior offenses that you may have on your record. For example, Indiana has zero tolerance for driving under the influence of marijuana. If you are caught driving with marijuana in your system, you could face DUI charges, which carry severe penalties including license suspension, fines and potential jail time, even if the penalties associated with a simple possession charge are relatively minor.

In short, because possessing marijuana is illegal in Indiana and transporting it across state lines is illegal at the federal level, no, you cannot travel through Indiana with marijuana on your person without risking serious legal consequences.