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Law Indiana MMJ

BD9

Leaf Dawg
Please do not turn this into a political/govt. bashing thread.

I'm a little skeptical of this happening in my state based on comments by our new state Attorney General. He said, "We need to solve the marijuana problem to solve the heroin problem". Hmm...Really Mr.AGl?

But, I try, try, to stay optimistic that some day we'll at least get medical mj here..

https://www.fool.com/investing/2017/03/19/every-state-could-legalize-marijuana-by-2021.aspx

The market for medical marijuana and recreational marijuana is growing rapidly, as lawmakers in more states pass legislation legalizing it. Already, 28 states have medical marijuana laws on the books, and eight states have passed recreational marijuana laws, too. According to the latest research by GreenWave Advisors, those numbers are about to climb significantly.

A lot of money is at stake

States have a lot of incentive to legalize marijuana. According to Karnes, retail sales of marijuana clocked in at $6.5 billion last year, up from $4.8 billion in 2015. That means a lot of money is ending up in state tax coffers.

GreenWave estimates that the marijuana black market is worth $36 billion and that passage of marijuana-friendly laws nationally could lead to $30 billion in marijuana sales in 2021. Based on those assumptions, the potential tailwinds for tax revenue over the next five years should be strong, and that could factor greatly into whether or not pro-pot laws pass.
 

BD9

Leaf Dawg
Indiana Asylum Members,

I am asking you to please consider writing, emailing or calling your state representative, senators and congress persons to say you support, at the very least, MMJ.
I have written and called both Joe Donnelly and Jackie Walorski.
I have also called and written my state representative for my district. I know there are several state representatives that are willing to support at the very least MMJ. One of which is Karen Tallian from Indiana's 4th district. I have spoken to her and she was very supportive and has sponsored a bill in support of MMJ.

Rep. Tallian's bill

https://www.merryjane.com/news/indiana-senator-submits-medical-marijuana-bill

A tenacious Indiana lawmaker is making a push once again in the 2017 session to legalize medical marijuana.

Democratic Senator Karen Tallian recently submitted a measure to the Indiana General Assembly, which seeks the creation of a statewide medical marijuana program.

The proposal (Senate Bill 255) would allow patients with a variety of health conditions, including migraines and post-traumatic stress disorder (PTSD), to have access to cannabis as long as they have a recommendation from a licensed physician. It would also give patients suffering from “any persistent or chronic illness or condition” to access the program so long as a doctor believes marijuana could provide some benefit.

I understand the sensitivity of this subject. If we as constituents stay quiet then our legislatures won't know where we stand on this issue.

Please call your representative and tell them to support Rep. Tallian's Senate Bill 255
 

momofthegoons

Vapor Accessory Addict
Staff member
Please do not turn this into a political/govt. bashing thread.
Let me reiterate. Keep any and all political 'slamming' out of this. From our rules:

Controversial subjects (i.e. politics, religion..) are strongly discouraged. They tend to create disharmony. Leave your drama at the door
So let's keep this about steps being taken to legalize. Thanks. :smile:
 

BD9

Leaf Dawg
Well, it's a start I guess. Indiana has approved CBD oil. A long way to go, but I'll keep fighting :BangHead:. The funny thing is, I have seen CBD oil for sale for almost two years in small natural food shops.

Both chambers of Indiana Legislature approve CBD oil bills

http://www.thecannabist.co/2017/04/06/indiana-cbd-oil-bill-legislature/76801/

The House voted to pass the bill unanimously 95-0 Thursday. The Senate also advanced their measure 35-13 in a vote later in the day.

The Legislature has long resisted efforts to allow the use of cannabidiol oil, commonly referred to as CBD. But that appears to have changed this year.

The oil cannot get patients high but contains compounds that studies suggest lessen the severity of seizures. Many parents of children who have treatment-resistant epilepsy have testified in support during hearings.
 

Baron23

Well-Known Member
5 things to know about a secretive Indiana company with a whiff of marijuana

The deal: Indiana lobbyists and others invested in a company that — according to some of the investors — is being positioned to profit if marijuana is ever legalized in Indiana. Shares sold for $1,000 each, some investors said.

The company: Hoosier Emerging Technologies was formed in 2012. It is registered to alcohol and gaming lobbyist Jim Purucker. He pushed for Indiana’s vaping law. His clients include the Indiana Vapor Co., Wine and Spirit Wholesalers of Indiana, Indiana Towing and Wrecker Association and the Indiana Motor Truck Association. He also represents New Centaur, the casino and horse-racing business led by Rod Ratcliff.

The investors: Among the investors in Hoosier Emerging Technologies are:

  • Kip Tew, a former Indiana Democratic Party chairman.
  • Rex Early, a former Indiana Republican Party chairman.
  • Mike Phillips, former Indiana House Speaker, and a son of his.
  • Paul Mannweiler, former Indiana House speaker.
Several investors said there may be dozens of total investors.

The vaping connection: Some people with a stake in Hoosier Emerging Technologies tried but failed in legislative attempts to create a license to distribute marijuana in 2013 and 2014. In 2015 and 2016, Purucker and other lobbyists then pushed successfully for vaping legislation that allowed a single company to control who could seek a license to manufacture e-liquid used in electronic smoking devices.

The unusual law drew the attention of the FBI and Indiana lawmakers are working to overhaul it.

The confusion: Is Hoosier Emerging Technologies about marijuana or is it not?

  • Tew said: “It had to do with an opportunity to make money with this company if marijuana was ever legalized in this state.”
  • Early said: “What I thought they were doing, as far as I know, is try to get a lock on the vapor thing.” He said he never heard about a marijuana angle.
  • Phillips said marijuana was never mentioned to him. He said he thought the company was investing in online horse race betting technology.
  • Mannweiler said neither vaping nor marijuana were discussed when he decided to put money into the company.
 

Baron23

Well-Known Member
Indiana marijuana case leads to court restricting police seizures
U.S. District Chief Judge Jane Magnus-Stinson has partially halted the seizure of vehicles in drug cases

By The Associated Press

INDIANAPOLIS — Two court rulings have limited police seizures in the state of Indiana.

U.S. District Chief Judge Jane Magnus-Stinson has partially halted the seizure of vehicles in drug cases and related crimes in the state. She said state law violates due process because it doesn’t allow individuals to challenge a forfeiture before property is seized.

State law allows law enforcement to hold a vehicle without taking action for up to 180 days. If the state does file a forfeiture claim, the vehicle can be held indefinitely until the case is completed.

Leroy Washington was arrested and charged with resisting law enforcement, obstruction of justice and dealing marijuana. His vehicle was seized in September, and Washington requested the vehicle be returned in November.

Jeff Cardella, a professor at Indiana University’s Robert H. McKinney School of Law, filed a federal class-action lawsuit against the state on behalf of Washington in November.

Related stories
“This is an injustice that I have wanted to change for several years,” Cardella said.

Magnus-Stinson said vehicles are an important form of personal property because they’re needed for transportation and to earn a living. Authorities must now provide a pre-forfeiture hearing when seizing vehicles suspected of being used in criminal activity.

The state Court of Appeals has also ruled that an alert from a drug-sniffing dog isn’t enough evidence to seize cash that may be tied to drug trafficking.

Indianapolis police discovered more than $30,000 in cash in two parcels in 2015 after a drug-sniffing dog alerted to the packages. They seized the money even though they didn’t find any controlled substances or records of drug trafficking connected to packages.

Judge John Baker said a positive alert from a drug dog isn’t enough to tie the money to illegal activity because studies show that up to 90 percent of U.S. currency has drug residue.

“Any of those individuals could conceivably have possessed and/or used the unidentified controlled substance, either legally or illegally, with or without an intent to commit drug trafficking,” Baker said.

The Legislature has an interim study committee reviewing the state’s forfeiture laws
 

Baron23

Well-Known Member
Indiana...another hot bed of liberalism (not) but still moving toward legalization. Ole' Jefferson seems to be aiming to be the dinosaur standing on this issue.

Medical marijuana advocates call legalization a moral and nonpartisan issue
For a group of medical cannabis advocates, Saturday was about educating the public so they could, in turn, educate their state lawmakers.

At the Indiana Medical Cannabis Town Hall Meeting, lawmakers, professors, veterans and other medical marijuana advocates came together at the Indiana State Library.

They spoke to a room full of people who, judging from the amount of clapping for speakers and the pro-medical cannabis agenda, were largely supporters. During the three-plus-hour town hall, which was hosted by Indiana NORML, attendance ranged from about 60 to 200 as people came and went.

In the fight to expand the use of medical cannabis, advocates wanted to explain scientific studies and personal stories behind why they believe it should be a legitimate choice. Advocate and emcee David Phipps, Rep. Sue Errington (D-Muncie) and Rep. Jim Lucas (R-Seymour) cast the issue as a moral and nonpartisan one.

Buy Photo
People listened to the results of scientific studies and personal stories about using medical cannabis during the Indiana Medical Cannabis Town Hall Meeting on Saturday, Aug. 26, 2017. (Photo: Domenica Bongiovanni/IndyStar)

"Today, it's an important event," Phipps said. "More than anything, we need to get it across to those legislators who are dead set against this for the state of Indiana. We need to make sure they are aware of the facts behind it and not the propaganda that they've been fed for far too long by some within the statehouse."

Medical cannabis advocates had a small victory in April when a bill passed that allows for epilepsy patients who have struggled with prescription drugs to use cannabidiol to treat their condition. But their goal has been to expand that to give people an alternative to opioids and other prescription drugs, Phipps said.

"We are realistically looking at full medical cannabis potentially as soon as 2019 and adding to the existing bill this coming assembly," Phipps said.

To that end, Errington said she was working on an in-depth bill that allows for the safe, accessible use of medical cannabis for a large variety of conditions. Lucas said he began supporting the issue after Indiana State excise police raided a Fresh Thyme and took products containing CBD oil.

"I look forward to this fight," Lucas said. "I love a good fight."

Medical cannabis advocates said they believe spreading findings from scientific studies is key to changing minds. Former State Representative Tom Knollman, who served as a Republican, said he became an advocate after struggling with primary progressive multiple sclerosis.

Buy Photo
Audience members talked and asked questions of speaker Thomas Clark, a biology professor at Indiana University South Bend, who spoke about medical cannabis during the Indiana Medical Cannabis Town Hall Meeting on Saturday, Aug. 26, 2017. (Photo: Domenica Bongiovanni/IndyStar)

"Those of you who suffer (from) medical conditions, I feel for you," Knollman said.

Veterans, including Indiana American Legion representative John Crosby, echoed the sentiment, citing medical marijuana as more helpful for PTSD and pain than other prescription drugs.

The bulk of the meeting comprised presentations by Thomas Clark, departmental chair and biology professor from Indiana University South Bend, and Chad Bartalone, a paramedic and paramedic science professor at Ivy Tech Community College of Indiana in South Bend.

Bartalone focused on medical cannabis and opioids. Several speakers said that the former's success at treating chronic pain can be used as a tool to reduce opioid addiction.

Clark said he reviewed the research behind several studies of medical marijuana. For example, citing studies by GT Carter, B. Chakravarti and S. Ostadhadi, he found that cannabis therapy alleviates appetite loss, nausea, bone loss and improves mood for those going through chemotherapy.

"The question is not can something have harmful effects, it's how do you weigh the harmful effects versus the beneficial effects," Clark said.

Like anything else, Clark said too much marijuana is harmful, and he recommended kids seek other therapeutic options.

People who say medicinal use is one step closer to recreational use "are prolonging the suffering in this state, and that ... language needs to stop, and we need to at least open our ears to the new data that's come out," Phipps said
 

momofthegoons

Vapor Accessory Addict
Staff member
Founder of Indianapolis’ First Church of Cannabis Running for Governor of Indiana
Bill Levin is vying for a nomination from the Libertarian Party.

founder-indianapolis-first-church-cannabis-running-governor-indiana-featured.jpg


Bill Levin, the founder of the Indianapolis First Church of Cannabis, announced on Monday that he is running for governor of Indiana. Levin will seek the nomination of the state’s Libertarian Party in his bid for the statehouse, according to a report in local media.

The legalization of cannabis will be a central theme of Levin’s campaign for governor. Currently, all cannabis products with the exception of CBD, which was legalized last year, are illegal under Indiana State law.

Levin said in a phone interview with High Times that he is running for governor because he believes that he can win.

“It’s real simple,” he said. “It’s love and human compassion versus greed and selfishness. It’s an easy win. Our state needs love, compassion, and good health right now.”


Politics As Usual Thwarts Legalization
According to Levin, the people of Indiana support cannabis legalization. Prohibition would have ended long ago if the question had been put to the voters, he believes. If elected, he plans to seek a path to cannabis legalization, either through the legislature or by giving the people the power to make the decision through a statewide election.

“If we were a ballot initiative state we would’ve had cannabis legal 10 years ago,” he said. “But unfortunately, the GOP controls the state and nobody is talking about ballot initiatives. When I’m elected governor, ballot initiative is one of the things I am going to put on point. We will have it so the people of this state can decide what their future is, rather than the corporations who buy our politicians.”

Levin said he will also make industrial pollution and Indiana’s environment an issue in the race for governor.


“We’re the bottom of the barrel when it comes to polluted states,” said Levin. “We’re number 48. We’re poisoning our people. Our rivers, our air quality are poisoning people here and our state is letting these companies run.”

Church Challenged Prohibition with Lawsuit
Levin founded the First Church of Cannabis in Indianapolis in 2015 in response to the state’s Religious Freedom Restoration Act, a bill widely seen as an attack on LGBTQ rights that was signed into law by Vice President Mike Pence, who was governor of Indiana at the time.

After registering with the I.R.S. as a nonprofit organization, the First Church of Cannabis sued for the legalization of cannabis under the RFRA, claiming that the prohibition of marijuana violated the religious freedom of the church’s members to use cannabis sacramentally. The suit was unsuccessful, however, and a final appeal in the case was denied in January.


The Libertarian Party of Indiana will hold its statewide convention next spring. In 2016, Libertarian candidate Rex Bell ran for governor of Indiana, pulling in 1.34 percent of the votes cast in the contest.
 

momofthegoons

Vapor Accessory Addict
Staff member
Marion County will no longer prosecute simple marijuana possession, officials say

Only a week into his temporary term as top prosecutor in Marion County, Ryan Mears is moving his office in a direction that could, for better or worse, have a significant impact on the community.

Mears announced Monday that his office will no longer prosecute certain marijuana possession offenses in Marion County. If a person possesses less than one ounce of marijuana, that person will not face formal charges from the prosecutor's office, effective immediately. The policy is aimed at diverting resources to violent crimes, such as murder and sexual assault.

It’s a surprising, sweeping change. But Mears wouldn’t call it bold.

“I don't think doing the right thing is a bold thing to do,” he told IndyStar. “I've been a prosecutor for 12 years, I have the experience of seeing what causes violent crime. And over the course of 12 years, I can tell you, small amounts of marijuana is not our problem.”


Mears said the decision only covers simple possession. He expects the one-ounce amount to differentiate users from dealers, which his office still plans to prosecute.

"We're going to continue to prosecute individuals who use marijuana during the course of an accident or if they're impaired for marijuana, those types of cases," he said. "And also public consumption. I don't want people to get the idea that if you walk down to the monument, people are free to light up in public. That's not what this is about. This is about making sure that we treat everybody fairly."

Acting Marion County Prosecutor Ryan Mears announced marijuana possession offenses will no longer be prosecuted in Marion County during a press conference on Monday, Sept., 30, 2019. If it is less than one ounce of marijuana, we are not going to file that charge, Mears said. And that's effective today.

Acting Marion County Prosecutor Ryan Mears announced marijuana possession offenses will no longer be prosecuted in Marion County during a press conference on Monday, Sept., 30, 2019. "If it is less than one ounce of marijuana, we are not going to file that charge," Mears said. "And that's effective today." (Photo: Matt Kryger/IndyStar)

Police departments respond
While the prosecutor's office may not be pursuing charges on low-level marijuana possession, possession of marijuana remains a crime in Indiana.

And police officers can still write a summons or arrest people who are committing that crime.

Lawrence police will continue with "business as usual," said Lawrence Deputy Chief Gary Woodruff in a statement.

"Lawrence police officers, like most Indiana law enforcement officers, are able to use their discretion in taking misdemeanor enforcement action, just like the Marion County prosecutor can use prosecutorial discretion when making final charging decisions," Woodruff said. "We’re continuing business as usual for the officers patrolling the streets and neighborhoods of Lawrence."


That's in line with how Speedway is handling the new policy, Speedway Lt. Jim Thiele said Monday evening.

And that appears to be in line with IMPD's approach, too.

IMPD Chief Bryan Roach was less clear in a public statement. Asked for comment on Monday, he said in a statement: "This morning's announcement was the first the department had heard about this shift in policy. We are continuing to have discussions with our state, local and federal partners about next steps."

In a memo sent to his officers, though, Roach emphasized that the new policy does not take precedent over Indiana law.

He encouraged officers to continue using their discretion on when to write a summons or make an arrest on marijuana possession.

The Indianapolis Fraternal Order of Police supports Roach's stance, said President Rick Snyder.

"While we recognize and value prosecutorial discretion, our law enforcement officers have significant concerns any time a single person elects to unilaterally not enforce a state law as a matter of practice or policy," Snyder said in a statement. "We are attempting to better understand the basis for this decision and any potential unintended outcomes. In the interim, it is our understanding the IMPD Chief of Police has directed officers to continue to enforce the laws as proscribed by the State of Indiana and we strongly concur."

It may not ultimately matter what actions the officers take.

"I can't tell IMPD what to do," Mears told IndyStar. "But the decision to file charges or not is something that's up to the discretion of the Marion County prosecutor's office. And we don't believe that's good public policy."

More on the new policy
At a news conference on Monday morning, and in an interview with IndyStar, Mears stressed that his policy is not an endorsement of marijuana use. Rather, it's an acknowledgement that criminalizing use of the drug does not address the city's "terrible violence issue," Mears said. He believes there's no direct link between simple possession and violent crime.

"Let's get those officers involved in trying to track down the people who are involved in non-fatal shootings and homicides, as opposed to worrying about basic possession of marijuana cases."

What you should know: About new rules for marijuana possession in Marion County

Mears says this is the first time the Marion County prosecutor's office has decided to stop prosecuting a drug offense, but the policy is in line with how the office has been treating marijuana cases in the past few years. In 2017, the office dismissed 65% of marijuana possession cases, Mears said. Last year, the number rose to 74%. So far this year, that number is 81%, he said.

Mears believes that criminalizing these offenses "disproportionately impacts people of color," and is a burden on the jails.

"It clogs up the court calendars, and it disrupts people's lives," he said. "When you get arrested and you get charged, and you have to come Downtown, that's a stressful situation for anyone. It makes people miss work. They have to pay fees, or pay for an attorney. If we're going to end up dismissing 81 or 82% of the cases, it does not make sense to file a case."

Marion County Sheriff Kerry Forestal, who endorsed Mears as prosecutor, said in a statement Monday that low-level, nonviolent offenders often remain jailed for several days, "at a significant cost to taxpayers."

"The new jail, currently under construction as a part of the Justice Complex, is not designed to hold many more inmates than are currently held between the combined public and private jails today. City leaders have repeatedly stated that we need to find ways to use fewer jail cells, and not more."

To accomplish that, Forestal said, officials have to change arresting procedures, which includes diverting addicts and the mentally ill into the healthcare system.

"As Marion County Sheriff, I welcome Prosecutor Ryan Mears’ decision not to file charges for possession of marijuana," Forestal said.

There are currently about 393 pending marijuana-related cases (misdemeanors), Mears said. Of those cases, he said, the ones that meet the criteria will be dismissed.

Mears: It's about fairness, not politics
Mears, who stepped into the role of prosecutor afterTerry Curry stepped down last week, said he's unconcerned with how the announcement will affect his bid to have the position permanently.

"This is not a political decision," he said. "This is a moral decision. And I have a moral responsibility to make sure everybody is treated fairly under the law. And the continuing enforcement of marijuana laws is unjust and unfair to people of color. So I'm not going to do it."

The decision was applauded Monday by Mears' challenger, Tim Moriarty, an attorney working as special counsel to Mayor Joe Hogsett.

"Truly reforming our county's criminal justice system will require a holistic approach, and there's no doubt that the enforcement of marijuana possession charges have created inequity — especially for communities of color," Moriarty's campaign said in a statement.

Moriarty said that if elected Marion County prosecutor, he would keep the policy change in place.

Acting Marion County Prosecutor Ryan Mears announced marijuana possession offenses will no longer be prosecuted in Marion County during a press conference on Monday, Sept., 30, 2019. If it is less than one ounce of marijuana, we are not going to file that charge, Mears said. And that's effective today.

Acting Marion County Prosecutor Ryan Mears announced marijuana possession offenses will no longer be prosecuted in Marion County during a press conference on Monday, Sept., 30, 2019. "If it is less than one ounce of marijuana, we are not going to file that charge," Mears said. "And that's effective today." (Photo: Matt Kryger/IndyStar)


State Sen. Karen Tallian, D-Ogden Dunes, said in a statement that she has begun drafting legislation for the 2020 session to decriminalize marijuana possession in Indiana.

"It is past time for our jail cells to be cleared of Hoosiers who have committed no other crime than be in possession of a harmless substance, that actually has real medical benefits," the statement said.

Mears acknowledged that making marijuana legal in Indiana is ultimately lawmakers' decision. He says his job is to prioritize what his office will prosecute.

"I woke up today, and there were two murders last night," he said. "That's entirely too much."

Ann Sutton, chief counsel at the Marion County Public Defender Agency, welcomed the news from the prosecutor's office.

"There's plenty of more serious things that we need to be dealing with and low-level marijuana use is not one of them," Sutton said. "Less than an ounce is just personal recreational use."

Hogsett, who has endorsed Moriarty, appeared to be caught off-guard by Mears' announcement. A spokeswoman said the "abrupt announcement" needs "further discussion."

Ryan Mears, interim Marion County Prosecutor, in the department offices in Downtown Indianapolis on Tuesday, Sept. 24, 2019. Mears is filling in for Terry Curry, who has retired.

Ryan Mears, interim Marion County Prosecutor, in the department offices in Downtown Indianapolis on Tuesday, Sept. 24, 2019. Mears is filling in for Terry Curry, who has retired. (Photo: Robert Scheer/IndyStar)

“Over the last three years, Mayor Hogsett has focused on reforming our community’s criminal justice system, prioritizing treatment for those suffering from challenges related to mental health and addiction," said Taylor Shaffer, a Hogsett spokeswoman. "While today’s abrupt announcement by the Marion County Prosecutor’s Office necessitates further discussion between criminal justice partners, it’s clear that our community’s focus should be on holding perpetrators of violent crime accountable and keeping those who don't belong in jail, out.”

State Sen. Jim Merritt, a Republican mayoral candidate who endorsed Mears for prosecutor, said in a statement released by his campaign that he supports "any effort to review the fairness of our criminal justice system."

Council President Vop Osili, a Democrat, acknowledged his surprise in a statement released Monday evening.

"The process of criminal justice reform is one to which I have long been deeply committed. Today’s unanticipated announcement by the acting Marion County Prosecutor illustrates the role prosecutorial discretion can play in that larger process," Osili said. "As council president, I look forward to collaborating with our law enforcement partners and Council colleagues on the implications of today’s announcement, and continuing to work with Marion County residents and stakeholders as we pursue meaningful criminal justice reform together.

'Lax' drug enforcement
In a statement, Indiana Attorney General Curtis Hill said he's "concerned" that the policy will attract to Indianapolis people seeking communities where drug enforcement is "lax."

"It seems to me a curious strategy to put out a welcome mat for lawbreakers in a community already facing challenges related to crime, homelessness and other social problems stemming from drug abuse," the statement said.

Hill said he respects the fact that prosecutors have "absolute discretion," in deciding when to file criminal charges. He added, though, that prosecutors typically do this on a case-by-case basis, "rather than proclaiming that in all cases they will ignore a particular state law not to their liking."

When asked if he anticipates any harmful effects from the policy, Mears told IndyStar he believes it will have a positive impact on public safety — not just by focusing more resources on violence, but also by possibly preventing other incidents that could happen as a result of prosecuting marijuana possession.

"(Drivers) take off from the police because they don't want to get arrested for marijuana," Mears said. "You have people who start moving around in the car. Are they reaching to hide the marijuana that's inside the vehicle? That makes the officers nervous, like they're reaching for a gun.

"And so to me, this is going to lessen the confrontation that's going to be involved in some of these stops, because people now know that if it is a small amount of marijuana, that they are not going to be at risk for going to jail that night."
 

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