Indiana legislation · 2026 Regular Session
Indiana HB1298: Classification of marijuana and THC.
Status: In committee, January 6, 2026
Moves marijuana and tetrahydrocannabinol (THC) from classification as schedule I controlled substances to schedule III. Makes a conforming amendment.
What the bill says
A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
From the introduced text:
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure. SECTION 1. IC 9-30-5-1, AS AMENDED BY P.L.186-2025, SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) A person who operates a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol but less than fifteen-hundredths (0.15) gram of alcohol or (2) two hundred ten (210) liters of the person's breath; commits a Class C misdemeanor. (b) A person who operates a vehicle with an alcohol concentration equivalent to at least fifteen-hundredths (0.15) gram of alcohol or (2) two hundred ten (210) liters of the person's breath; commits a Class A misdemeanor. (c) A person who operates a vehicle with a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's blood commits a Class C misdemeanor. 2026 IN 1298--LS 6709/DI (d) It is a defense to subsection (c) that (1) the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1.1) who acted in the course of the practitioner's professional practice. or (2) the: (A) controlled substance is marijuana or a metabolite of marijuana; (B) person was not intoxicated; (C) person did not cause a …
Sponsors
- Jim Lucas (R, HD-069) · primary sponsor
Latest actions
- : Authored by Representative Lucas
- : First reading: referred to Committee on Courts and Criminal Code
Subjects: MARIJUANA, CRIMINAL LAW AND PROCEDURE; Illicit Drugs, Substances, and Alcohol Offenses
Common questions
- What is HB1298?
- HB1298 is a bill in the Indiana Legislature (2026 Regular Session): Classification of marijuana and THC.
- What does HB1298 do?
- In its own words: A bill FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
- What is the status of HB1298?
- In committee as of January 6, 2026. Latest action: Authored by Representative Lucas (January 6, 2026).
- Who sponsored HB1298?
- Jim Lucas (R, HD-069).
- Where is the official record for HB1298?
- On the Indiana Legislature website: https://iga.in.gov/legislative/2026/bills/house/1298
Source: official Indiana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.