Gary residents can legally buy marijuana less than an hour away in Illinois. Back home, they can still be arrested for having it.
That contradiction is becoming harder to ignore in Northwest Indiana, where state leaders are once again weighing cannabis policy while leaving current laws largely unchanged. Indiana remains one of the few Midwestern states where marijuana is fully illegal, even as neighboring states expand access and local residents navigate conflicting laws across state lines.
After months of avoiding a clear position on marijuana legalization, Gov. Mike Braun is now signaling he is open to limited changes.
“I’ve been more agnostic about it. I can see [different] points of view, and I’ve seen law enforcement move on it somewhat,” Braun told Fort Wayne’s Morning News with Kayla Blakeslee.
He emphasized that he plans to listen to law enforcement, noting that attitudes have shifted in recent years.
“Over half of Hoosiers probably smoke it illegally,” he said. “A lot of our state police and sheriffs are tolerating people going across the border [to buy cannabis]. It’ll be an increasing issue that, so far, our state legislature has kind of dug in against.”
For residents in Gary and across Lake County, that reality is already here, with dispensaries in Illinois and Michigan drawing customers and tax dollars across state lines while Indiana continues to criminalize possession.
A lifelong Gary resident told Capital B Gary on condition of anonymity that a change in the state’s stance on marijuana could be beneficial in more ways than one.
“Its a little more expensive in Illinois so I make that trip to Michigan, but I’d rather stay right here,” he said. “But beyond that, I’m sure there’s a lot of brothers and sisters with records who’ve gotten their lives messed up for doing something that’s legal right next door.”
Gary attorney Robert L. Lewis said the rescheduling or legalization could have an enormous impact on the lives of residents.
“Quite frankly, it would have a significant effect, in my opinion, not necessarily in terms of the number of people using, but it would have an effect in terms of people feeling a little bit more safe in their community, in their homes,” Lewis said.
Still, no legislation advanced this year, leaving Indiana’s marijuana laws unchanged and among the strictest in the Midwest.
During the 2026 legislative session, two such proposals — House Bill 1191 and House Bill 1298 — failed to advance after receiving no hearings. HB 1191, authored by Democratic Rep. Mitch Gore, would have decriminalized possession of up to 2 ounces of marijuana. Republican Rep. Jim Lucas’ HB 1298 proposed reclassifying marijuana and THC, the chief intoxicant in marijuana, from Schedule I to Schedule III drugs under state law.
Under Indiana law, Schedule I substances are defined as having no accepted medical use and a high potential for abuse. Reclassifying marijuana to Schedule III would have aligned it more closely with medications that can be prescribed or regulated, a shift supporters say could open the door to medical cannabis and reduce criminal penalties.
But the proposals stalled quickly in the Statehouse.
Senate President Pro Tem Rodric Bray has said “it’s no secret” he opposes legalization, while House Speaker Todd Huston has questioned marijuana’s medical benefits. Together, their opposition, coupled with Braun’s cautious approach, leaves Indiana’s current laws firmly in place.
That means even small amounts of marijuana can still carry criminal penalties in Indiana, putting the state increasingly out of step with neighbors like Illinois and Michigan, where recreational cannabis is legal, and Ohio, where voters approved legalization in 2023.
In Northwest Indiana, the policy divide is especially visible. Less than a decade ago in 2018, an attempt by the Gary Common Council to reduce marijuana penalties failed in a tie vote after legal concerns it would violate state law. The proposal would have lowered possession fines to $100 and eliminated jail time, but the council attorney warned the body it could not override Indiana’s criminal statutes.
Gary Councilman At-Large Myles Tolliver said legalization would ultimately depend on action from the state legislature and governor, but he believes it should be approached as an opportunity for restorative justice and reinvestment.
“It’s more than just the money that comes with it. I hope that it’s an opportunity to correct all the past harm done to our community,” Tolliver said. “And for us as a council to try to fight for things like automatic expungement for those lower offenses, and then with those dollars that come in, we can help with roadways and lighting, and education with the cannabis industry.”
Stephanie Shepard, executive director of the Last Prisoner Project, said the policy discussions should center on people whose lives continue to be shaped by past marijuana convictions.
“If we’re not talking about righting the wrong off the rip, nothing can be right,” Shepard said.
Shepard, who served a decade in prison for a cannabis-related offense, now works with organizations and attorneys nationwide to secure clemency, record expungements, and policy reforms. She said many people assume life resets after incarceration, but the consequences can linger for years.
“It’s really just a new set of obstacles,” she said. “Housing applications ask if you’ve been convicted. Banking can be affected. Employment opportunities disappear.”
She said policies that accompany legalization — including expungement or resentencing — are critical to addressing those barriers.
In Maryland, officials recently cleared more than 180,000 marijuana records as part of legalization. Indiana, by contrast, received an “F” grade in a 2023 report from the Last Prisoner Project, citing the lack of legalization and limited pathways for automatic record clearing.
Shepard said change often depends on sustained pressure from residents.
“The number one thing is persistence,” she said. “Call your local government. Let them know you don’t want people incarcerated for cannabis. Keep asking until something moves.”
