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The long fight for legal weed in Indiana

Indiana is about to be surrounded by states that have legalized marijuana. The fight has faced an uphill battle in the Hoosier State.
Credit: AP Photo/Mathew Sumner
A customer purchases marijuana at Harborside marijuana dispensary in Oakland, Calif. on Jan. 1, 2018.

INDIANAPOLIS — For 110 years, it has been illegal to use marijuana recreationally in the state of Indiana. Now, Democratic candidate for governor Jennifer McCormick is proposing a pathway to legal weed. 

McCormick faces an uphill battle in the election, but her plan is the latest sign that Hoosier opinions have shifted on cannabis. 

A 2023 survey by Ball State University found fewer than 10% of Hoosiers think pot should still be completely illegal. Thirty-two percent were in favor of medical marijuana, and 54% were in favor of recreational cannabis for adults. 

But they are up against more than 100 years of prohibition in Indiana. 

Credit: WTHR

RELATED: People travel across Ohio, from other states to make recreational marijuana purchases

How did we get here? 

Indiana was one of the first states to ban recreational marijuana, back in 1913. The 1970 Controlled Substance Act outlawed marijuana nationwide. 

The winds started to shift in 2009, when President Obama signed a memo, directing U.S. attorneys not to prosecute people who followed state medical marijuana laws. 

In 2014, Congress barred federal agencies from spending money to prevent states from allowing medical marijuana programs. That led to more states passing medical marijuana laws, and then full decriminalization. 

In 2019, Marion County Prosecutor Ryan Mears announced he would no longer prosecute simple marijuana possession in Marion County. 

Also in 2019, the Church of Cannabis lost its legal fight to use Indiana's Religious Freedom Restoration Act (RFRA) to get legal use of marijuana. 

In 2024, the U.S. Department of Justice moved to reschedule marijuana. That would open the door for legal use of marijuana under certain circumstances. 

Bill Levin, First Church of Cannabis founder

RELATED: Indiana Democratic candidate for governor releases plan for legalizing marijuana

Where Indiana stands now

By the start of 2024, Indiana was almost surrounded by states with legal marijuana. Illinois, Michigan and Ohio all have legal marijuana programs. Kentucky is the only neighboring state without legal marijuana, but that will change Jan. 1, 2025 when medical marijuana becomes legal there. 

For years, study committees in the state legislature have looked at the issue of legal cannabis. A bill to legalize cannabis sales to adults was introduced in the 2024 legislative session, but never made it out of committee. 

Gov. Eric Holcomb has publicly opposed legal marijuana. So does Indiana Attorney General Todd Rokita. 

Sen. Mike Braun, the Republican candidate for governor, has expressed support for medical marijuana in the past, but has not brought it up during the 2024 campaign. 

As of the time this article was written, Braun had not responded to McCormick's proposal. 

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