Indiana Lawmaker Files Bill To Legalize Low-Level Marijuana Possession And Cultivation

An Indiana lawmaker has filed a bill that would effectively legalize the possession and cultivation of limited amounts of marijuana.

The legislation filed on Monday by Rep. Mitch Gore (D) would remove all penalties for possessing or growing up to two ounces of marijuana without creating a regulatory structure for licensed cannabis production and retail sales, giving the state a non-commercial form of legalization.

The proposal would amend existing statute that designates any level of marijuana possession or cultivation as a Class B misdemeanor. Possessing hashish and hash oil, which are concentrated forms of cannabis, would still be entirely prohibited.

However, the bill would also make it so the cannabis possession threshold for a Level 6 felony—which is punishable by up to 2.5 years in prison and a maximum $10,000 fine—would be increased from 30 grams to four ounces.

Gore’s proposal has been referred to the House Courts and Criminal Code Committee for consideration.

Whether the panel takes up the measure is yet to be seen, but cannabis reform advocates have struggled to make inroads in the conservative legislature.

That said, the state’s GOP governor said recently that a move by President Donald Trump to federally reschedule marijuana could add “a little bit of fire” to the local push for cannabis legalization in his state. Months later, Trump did sign an executive order directing the attorney general to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).

Gov. Mike Braun (R) also said last year that he’s “amenable” to medical cannabis legalization.

Meanwhile, one member of the state’s congressional delegation, Sen. Jim Banks (R-IN), expressed opposition to state-level reform despite Trump’s prior comments previewing a rescheduling decision.

“President Trump has been honest about it, that when it comes to marijuana, he said very clearly we shouldn’t smell it on the streets. You have a lot of states that have legalized it. It’s caused even more crime and issues,” Banks said. “I hope Indiana is never a state that legalizes marijuana, by the way.”

The senator acknowledged, however, that there is likely to be “further conversation” about the issue.

Braun, for his part, previously said that “it’s probably time” to allow access to therapeutic cannabis among patients in the state. Those comments came alongside a poll indicating that nearly 9 in 10 Indiana adults (87 percent) support marijuana legalization.

Top Republicans in the legislature, however, have openly opposed marijuana reform.

“It’s no secret that I am not for this,” Senate President Pro Tem Rodric Bray (R) said in late 2024. “I don’t have people coming to me with really compelling medical cases as to why it’s so beneficial. And any state that I’ve seen pass medical marijuana is essentially passing recreational marijuana.”

House Speaker Todd Huston (R) doubted any medical benefits associated with marijuana, calling the substance “a deterrent to mental health.” He and others suggested that lawmakers supportive of the reform merely want to boost state revenue.

A number of marijuana reform bills were introduced for the Indiana legislature’s 2025 session, including one—from Reps. Jim Lucas (R) and Shane Lindauer (R)—that would have legalized medical marijuana for people with “serious medical conditions as determined by their physician.”

Photo courtesy of Chris Wallis // Side Pocket Images.