Indiana Studying Changes To Marijuana Law

Indiana is the latest state to take a critical look at its marijuana law, with an eye toward possible liberalization.

Later this month a committee of state legislators will begin a process that could lead to amending the state's law, that requires punishment, and sometimes incarceration, for people who use the drug.

The Hoosier lawmaker behind this effort is Sen. Karen Tallian (D-4th), who quietly authored and guided the revision legislation in the last session. It calls for a study committee to review the state's criminal law and sentencing policy and to make recommendations regarding the following issues:

• Marijuana and its effect on the Indiana criminal justice system.
• Whether the possession and use of marijuana should continue to be illegal in Indiana and, if so, which penalties and amounts pertaining to marijuana possession and use are appropriate.
• Whether a program for medical marijuana should be implemented in Indiana and, if so, under what parameters.
• Whether marijuana should be treated and controlled like alcohol, with controlled and regulated sales, and special taxation.
• Any other issue related to marijuana.

Draconian

Tallian, an attorney, is on record as opposing Indiana's current marijuana law, calling it “draconian.” She has advocated putting marijuana in the same category as alcohol, which is regulated at both the federal and state levels.

Currently, 16 states and the District of Columbia have enacted medical marijuana laws and 13 states have reduced penalties for possession of small amounts. No state has legalized recreational use of cannabis, with California voters rejecting a ballot initiative last year that would have done just that.

In Michigan, Republican Attorney General Bill Schuette has launched a campaign to revise that state's medical marijuana law, contending that it is being exploited by those who are simply using it to obtain pot for recreational use.

Bi-partisan issue?

While Republicans and Democrats tend to be on opposite sides of the marijuana liberalization issue, there's evidence that might not be the case in Indiana. Tallian said she has heard from a wide variety of people interested in making changes to the law, but most don't want to be identified by name with the issue.

An exception is Republican State Representative Tom Knollman, who suffers from multiple sclerosis. He said during the past legislative session that he wanted to some day legally try the drug to relieve his pain.

Feds taking a hard line

While states have legalized marijuana for medicinal use, the federal government has maintained the position that cannabis is against the law, period. The U.S. Justice Department this month issued a memo that could set up a confrontation between the federal government and the states that have enacted medical marijuana laws.

In a letter to U.S. Attorneys, Deputy Attorney General James Cole said the Obama Administration never intended to shield medical marijuana operations, that produce large quantities of the drug, from federal enforcement action and prosecution.