Cannabis & Marijuana Rental Rules in Indiana 2026

Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Indiana.

CBD/Low-THC Effective 2018

Adult-use possession limit

Banned Home cultivation

No Medical patient housing protection

Federal baseline (uniform in Indiana): Cannabis remains a Schedule I controlled substance under 21 U.S.C. § 812(c) Schedule I(c)(10) regardless of Indiana's legalization status. HUD PIH Notice 2014-21 (re-issued PIH 2017-13) requires Public Housing Authorities to deny admission to public housing or HCV (Section 8) for any household member illegally using a controlled substance, including cannabis. Landlords may prohibit smoking of any substance as a private property interest in any state.

Indiana is one of the few states with no legal cannabis of any kind. There is no recreational program and no medical marijuana law, so possession of any amount remains a crime under Ind. Code 35-48-4-11. For landlords that makes the legal picture simpler than in legalized states: nothing in Indiana law limits your ability to ban marijuana in a lease, and a tenant has no state cannabis right to weigh against your property rules.

The one product that is legal is hemp-derived CBD containing no more than 0.3% delta-9 THC, legalized by Senate Enrolled Act 52 in 2018. Smokable marijuana, edibles, and vape concentrates are not. This page covers what you can prohibit, how to draft the lease, how eviction works, and why federally assisted housing denies cannabis users regardless of state law.

Indiana Cannabis Legal Status

Indiana is classified as Low-THC / CBD Only (effective 2018). The governing statute is Ind. Code § 35-48-2-4 (HB 1148, 2018).

Landlord Authority in Indiana

Cannabis is restricted in Indiana.

CBD oil only (≤0.3% THC) for limited conditions. Recreational marijuana illegal. Possession of >30g is a felony.

Marijuana is fully illegal in Indiana

Indiana has not legalized cannabis for medical or recreational use. Possession of any amount is a Class B misdemeanor under Ind. Code 35-48-4-11, punishable by up to 180 days in jail and a fine up to $1,000. The charge rises to a Class A misdemeanor (up to one year and a $5,000 fine) if the tenant has a prior drug conviction, and possession of at least 30 grams with a prior drug conviction becomes a felony carrying six months to 2.5 years and a fine up to $10,000.

Concentrates matter for landlords who find vape pens or wax on a property: hash oil, wax, and cartridges are prosecuted under the same statute's hash-oil provisions. The only cannabis product a tenant may lawfully possess is hemp-derived CBD under 0.3% THC. Dealing offenses are separate and more serious under Ind. Code 35-48-4-10. Because there is no medical program, you will not encounter a state-issued medical card or any accommodation claim tied to one.

Your authority to ban use, smoking, and cultivation

No Indiana statute restricts a landlord from prohibiting marijuana. You have full freedom of contract to bar use, possession, smoking, and cultivation as a term of the lease. Because the underlying conduct is itself a crime, a ban is easy to justify and enforce.

Smoking policy is equally within your control. Indiana has no law preventing landlords from adopting a no-smoking policy, so you may prohibit all smoking, tobacco and cannabis alike, building-wide or unit by unit. Cultivation is never lawful in Indiana at any scale, so a grow operation is both a lease violation and criminal activity. Treat evidence of growing, such as high humidity damage, altered wiring, or covered windows, as grounds for inspection and action under your lease.

Lease clauses that hold up

Put the prohibition in writing rather than relying on the general illegality of the drug. A defensible clause bundles three ideas: it bans possession, use, sale, and cultivation of marijuana and cannabis products on the premises; it ties the ban to criminal activity so any violation is a substantial lease breach; and it includes a broad no-smoking term covering all combustible and vapor products.

Carve out a narrow exception for lawful hemp-derived CBD under 0.3% THC if you want to avoid disputes over legal products, or stay silent on it. Reserve your right to enter and inspect on proper notice under Ind. Code Title 32, Article 31, and state that odor, paraphernalia, or damage consistent with cultivation supports enforcement. Clear, specific lease language converts a general legal fact into an enforceable, evictable breach.

Eviction for a cannabis violation

Marijuana activity is both criminal conduct and, when your lease bans it, a lease violation, giving you two overlapping grounds. Eviction proceeds under Indiana's residential landlord-tenant law at Ind. Code Title 32, Article 31. For a lease breach you generally provide written notice to cure or vacate, then file for possession if the tenant fails to comply; for serious criminal activity many leases allow termination without a cure period.

Document carefully: dated photos, police reports, odor complaints from neighbors, and paraphernalia found during a lawful inspection all strengthen the case. Because possession itself is illegal in Indiana, you do not face the complication legalized states have, where a tenant argues lawful private use. Serve notice correctly and keep the paper trail, because the eviction stands on your notice and evidence, not on the drug's status alone.

Section 8 and public housing: the federal conflict

If you accept Housing Choice Vouchers or operate assisted units, federal law controls and it is stricter than most landlords expect. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act. The Quality Housing and Work Responsibility Act of 1998 requires public housing agencies to deny admission to the Public Housing and Section 8 programs based on illegal use of a federally controlled substance, and HUD reads this to require denying marijuana users, including medical users in legal states.

For existing residents, HUD gives PHAs case-by-case discretion on whether to terminate, but admission denial is mandatory. In Indiana this rarely creates the tension seen elsewhere, because marijuana is illegal under state law too. There is no reasonable-accommodation route under the Fair Housing Act, since a federally illegal drug is not a protected accommodation. If you participate in these programs, align your screening and lease enforcement with the federal rule, not just Indiana criminal law.

Medical Patient Housing Rules in Indiana

Indiana does not have statewide medical patient housing protection.

Medical cannabis patients in Indiana may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.

Section 8 / HCV in Indiana, The Federal Trap

HUD PIH 2014-21 mandatory denial applies in Indiana. Even though Indiana has restricted cannabis, a Public Housing Authority in Indiana must deny admission to any household where a member illegally uses a controlled substance, and cannabis remains federal-illegal. Existing Section 8 tenants who use cannabis may face termination at PHA discretion, though termination is not mandatory like denial is.

The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Indiana, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.

Cannabis Rental Compliance in Major Indiana Cities

City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Indiana rental markets:

Indianapolis Fort Wayne Evansville South Bend Fishers Carmel

Sources & Methodology

Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
Indiana cannabis statute: Ind. Code § 35-48-2-4 (HB 1148, 2018).
Landlord ban authority: CBD oil only (≤0.3% THC) for limited conditions. Recreational marijuana illegal. Possession of >30g is a felony.
Medical patient housing protection: Coded "No" for Indiana based on the cited statute.

Related Guides for Indiana Landlords

← Indiana Eviction Risk Overview Lawful Eviction Reasons Section 8 / HCV Landlord Guide Landlord Insurance & Hazards Fair Housing Protected Classes Tenant Rights Summary

This guide reflects Indiana law as of 2026, including Ind. Code 35-48-4-11 and 35-48-4-10 (marijuana possession and dealing), the residential landlord-tenant provisions at Ind. Code Title 32, Article 31, and the federal Controlled Substances Act and Quality Housing and Work Responsibility Act of 1998 governing assisted housing. Marijuana law and pending measures such as 2026 Senate Bill 250 can change; confirm current statutes and consult an Indiana attorney before drafting lease clauses or filing an eviction.

Frequently Asked Questions

Is marijuana legal in Indiana in 2026?

No. Indiana has no recreational and no medical marijuana program. Possession of any amount is a crime under Ind. Code 35-48-4-11, a Class B misdemeanor carrying up to 180 days in jail and a $1,000 fine. Only hemp-derived CBD with no more than 0.3% THC is legal.

Can an Indiana landlord ban marijuana in the lease?

Yes, without limitation. No Indiana statute restricts a landlord from prohibiting marijuana use, possession, smoking, or cultivation. Because the conduct is itself illegal, the ban is straightforward to enforce as a substantial lease violation.

Can I prohibit all smoking, including cannabis, in my rentals?

Yes. Indiana has no law preventing landlords from adopting no-smoking policies. You may ban all combustible and vapor products building-wide or unit by unit as a lease term.

Do I have to accommodate a tenant's medical marijuana in Indiana?

No. Indiana has no medical marijuana program, so there is no state medical card or accommodation to consider. Even in states that have one, marijuana's federal Schedule I status means it is not a protected reasonable accommodation under the Fair Housing Act.

How do I evict a tenant for marijuana in Indiana?

Proceed under Ind. Code Title 32, Article 31. If your lease bans marijuana, you generally give written notice to cure or vacate, then file for possession. Serious criminal activity often allows termination without a cure period. Document with photos, police reports, and inspection findings.

What about tenants on Section 8 or in public housing?

Federal law is stricter. Under the Quality Housing and Work Responsibility Act of 1998, PHAs must deny admission to the Public Housing and Section 8 programs for illegal use of a federally controlled substance, and HUD applies this to all marijuana use. For existing residents, PHAs have case-by-case discretion whether to terminate.

Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Ind. Code § 35-48-2-4 (HB 1148, 2018). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Indiana attorney before making a lease, screening, or eviction decision involving cannabis.