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Committee studies effects of changing Indiana marijuana laws

Northern Indiana state representative leading push to make marijuana sentences less harsh

July 28, 2011|By Kelli Stopczynski (kstopczynski@wsbt.com), Click here to become a fan of Kelli on Facebook | By Kelli Stopczynski (kstopczynski@wsbt.com), Click here to become a fan of Kelli on Facebook

INDIANAPOLIS – Indiana's current marijuana laws are among the most harsh in the nation, but a group of state lawmakers met Thursday to talk about whether changing those laws would be a good idea.

It all stems from a northern Indiana state senator who wants to restructure the state's marijuana laws. Portage Democrat Karen Tallian’s push is to reduce punishments for people caught with small amounts of marijuana – meaning they wouldn't face criminal charges.

Tallian argues decriminalizing the drug would save the state money on marijuana-related police arrests, court prosecutions, jail time, treatment and probation supervision. 

In Indiana, possession of a single joint can result in one year in prison and a $5,000 fine. A person who has more than one ounce of pot, or enough for about 30 joints, can be sentenced to up to three years in prison.

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More than 10,000 Hoosiers are charged with marijuana possession each year. Senator Tallian says those cases cost the state millions of dollars annually.

“That’s money that might be better spent on education or building roads. It's time for Indiana to get into this conversation,” she said.

So far, 13 other states have eliminated penalties on or decriminalized small amounts of marijuana. But most cops don't think reducing the penalties for people who are caught with the drug is a good idea.

“I think it’s going to be very hard to enforce,” said Cpl. Ross Uitdenhowen with St. Joseph County police. “Some of these laws now…we say a 0.08 percent blood alcohol level is illegal, but how do you figure out how much of it was due to marijuana consumption as well?”

On Thursday a representative from the Drug Policy Alliance told the Indiana Legislature's Criminal Law and Sentencing Policy Study Committee states that have decriminalized personal use of pot or legalized medical marijuana haven't seen an upswing in drug use. He also estimated Indiana could raise $44 million a year in sales tax alone if it regulated and taxed marijuana.

“All of these are issues being examined in state legislatures across the country,” said Ryan Dvorak, Indiana’s Eighth District representative. “I wouldn't realistically expect any legislation to pass in the upcoming session. Governor Daniels and several legislative leaders have already expressed their opposition to changing Indiana's current marijuana laws."

From here, the committee will make recommendations to the legislature and lawmakers could be voting on a number of marijuana issues as soon as next year. 

WSBT also spoke with three St. Joseph County judges today who said they have opinions on the committee study, but they don't feel it is appropriate for judges to comment on pending legislation because their job is to enforce the law, whether they like it or not.

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