HB 1191

                                                            Introduced Version
           HOUSE BILL No. 1191
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-48-4-11.
Synopsis: Decriminalization of marijuana. Decriminalizes possession
of two ounces or less of marijuana.
Effective: July 1, 2026.
                                  Gore
   January 5, 2026, read first time and referred to Committee on Courts and Criminal Code.
2026  IN 1191—LS 6738/DI 106
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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                   HOUSE BILL No. 1191
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1   SECTION 1. IC 35-48-4-11, AS AMENDED BY P.L.153-2018,
2 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 11. (a) A person who:
4     (1) knowingly or intentionally possesses (pure or adulterated):
5(A) more than two (2) ounces of marijuana;
6(B) hash oil;
7(C) hashish; or
8(D) salvia;
9     (2) knowingly or intentionally grows or cultivates more than two
10     (2) ounces of marijuana; or
11     (3) knowing that more than two (2) ounces of marijuana is are
12     growing on the person's premises, fails to destroy the marijuana
13     plants;
14 commits possession of marijuana, hash oil, hashish, or salvia, a Class
15 B misdemeanor, except as provided in subsections (b) through (c).
16   (b) The offense described in subsection (a) is a Class A
17 misdemeanor if:
 2026  IN 1191—LS 6738/DI 106
                                  2
1     (1) the person has a prior conviction for a drug offense; or
2     (2) the:
3(A) marijuana, hash oil, hashish, or salvia is packaged in a
4manner that appears to be low THC hemp extract; and
5(B) person knew or reasonably should have known that the
6product was marijuana, hash oil, hashish, or salvia.
7   (c) The offense described in subsection (a) is a Level 6 felony if:
8     (1) the person has a prior conviction for a drug offense; and
9     (2) the person possesses:
10(A) at least thirty (30) grams four (4) ounces of marijuana; or
11(B) at least five (5) grams of hash oil, hashish, or salvia.
 2026  IN 1191—LS 6738/DI 106