INDIANAPOLIS —
The head of the Indiana State Police may have surprised legislators last week when he told a state budget committee that he personally favored legalizing marijuana, but the push to re-think Indiana’s pot laws isn’t new.
A legislative commission set up three years ago to review Indiana’s criminal code is recommending that the Indiana General Assembly overhaul the state’s drug laws to reduce penalties for low-level marijuana and other drug crimes.
The commission’s recommendations don’t include legalizing pot or even decriminalizing possession of small amounts of the drug. But they do call for reducing some felony-level marijuana crimes down to misdemeanors, which would significantly reduce penalties.
Under current Indiana law, for example, anyone caught for the second time possessing less than 10 grams of marijuana (about 20 to 30 joints) can be charged with a Class D felony, which carries a one-to-five year prison term. The commission calls for a second-time offense to be a Class A misdemeanor, with no more than a year’s jail time.
In addition to pushing for some less harsh laws for low-level marijuana offenses, the commission is also calling for Indiana legislators to create a new felony crime which would allow police to go after the ”grow houses” — large-scale operations where marijuana is illegally grown and manufactured in bulk.
The recommendations were crafted by a work group of the Indiana Criminal Code Evaluation Commission whose members included judges, legislators, prosecutors, public defenders, probation and prison officials.
The commission ended its work in October, but its recommendations are likely to be contained in a sweeping sentencing reform bill to be introduced in the 2013 session.
The proposed changes are finding some traction among the Republicans who control the Statehouse and who cite concerns about the rising costs of prosecuting and incarcerating low-level drug offenders. Drug offenses have accounted for much of the rise in Indiana’s prison population over the last 20 years, according to Department of Correction numbers.
“I think we have to do something different than what we’ve been doing,” said state Rep. Heath VanNatter, a conservative Republican from Kokomo. “We need to be spending our prison dollars more effectively than putting people away for minor violations like some kid caught with a joint in his pocket.”
Indiana doesn’t appear to be posed to follow in the footsteps of Colorado and Washington, where voters passed measures in November to allow adults to have small amounts of marijuana.
After Indiana State Police Paul Whitesell made his surprise comments at a state budget committee hearing last week when he said that if it was up to him, he’d legalize marijuana and tax its sales. Indiana’s newly-elected governor slapped down the idea.
In a statement released to the Associated Press, a spokeswoman for Gov.-elect Mike Pence said Pence opposes decriminalizing marijuana.
That may put a damper on a proposal put forth by state Sen. Brent Steele, the powerful chairman of the Senate Judiciary Committee. The conservative Republican wants to decriminalize the possession of small amounts of marijuana, turning possession of 10 grams or less into an infraction, which is akin to a speeding ticket.
Steele is expected to carry the Senate version of the sentencing reform bill that will propose other changes to the state’s marijuana laws that may mirror much what the Criminal Code Evaluation Commission proposed.
For example, Steele has already indicated he supports the idea of doing away with the "drug zone"laws that enhance penalties for people caught with small amounts of marijuana or other drugs within 1000 feet of a school, day-care center or park.
Like VanNatter, Steele cites rising costs to the criminal justice system from low-level drug offenders who may be better served by community-based treatment programs.
Joel Schumm, an Indiana University law professor, said Indiana legislators may be emboldened by what other states have done in recent years to lower drug penalties. Both Ohio and Kentucky, for example, have lowered their penalties while giving prosecutors and judges more discretion to send drug offenders into treatment programs.
“They’ve seen that other states have loosened their laws and terrible things haven’t happened,” Schumm said.
Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup.com.
State News
Indiana more likely to lessen penalties, not legalize pot
Marijuana acceptance not recommended by panel
- State News
-
-
State won’t use free lunch program as poverty indicator
Indiana is changing the way it counts low-income students in public schools because Republican legislators suspect fraud in the federal school-lunch program used to measure poverty.
-
Report: State is both ‘leader and laggard’
A newly released report card on where Indiana ranks nationally in key economic measures shows the state is both “a leader and a laggard” in areas that signal potential for more prosperity.
-
Indiana’s high school grad rate continues upward
Indiana’s reported high school graduation rate continues to improve, moving from 77 percent to more than 88 percent in less than a decade, but there are still significant achievement gaps marked by race and income.
-
Schools chief Ritz on fast learning curve
For many occupants of the Indiana Statehouse, the week after the General Assembly wraps up its final frenzy of work is a quiet one. But not for Glenda Ritz.
-
SLIDESHOW: Governor Otis R. Bowen
Photos from the Indiana State Archives of the late Otis R. Bowen, who served as governor of the state as well as in the Ronald Reagan White House. The Bremen native died Saturday
-
Out of office, Lugar shuns retirement
One year ago, Indiana’s longest serving U.S. senator was rejected by Republican primary voters and forced into an unwelcome retirement from a distinguished political career that spanned 46 years. But at 81, former U.S. Sen. Richard Lugar is hardly in a resting mode.
-
Lugar wary of Syria involvement
Former U.S. Sen. Richard Lugar has been out of office since early January, but he’s still being sought after for his opinion about foreign policy matters he once helped shape.
-
Judge grants class status to lawsuit again BMV
INDIANAPOLIS — As many as 4 million Indiana drivers could become plaintiffs in a lawsuit alleging the Indiana Bureau of Motor Vehicles has overcharged for driver’s licenses since 2007.
-
Budget deal includes little funding for criminal code reform
Facing the end-of-session deadline, Indiana legislators moved forward on a bill to overhaul the state’s criminal sentencing laws but left undone the issue of where local communities will get the money to implement it.
-
Legislators closing in on final budget
In his first four months as the chief budget maker in the Indiana House, Republican Rep. Tim Brown hasn’t been surprised by the long hours, multiple demands and intense debate that goes with crafting a $30 billion spending plan.
-
New poll shows voters tepid on Pence tax plan
With just days to go before the deadline for a final budget bill, a new independent poll shows Republican Gov. Mike Pence may not have gotten much mileage for his travels around the state pitching his 10 percent tax cut plan.
-
DOC hopes ‘cold case’ cards lead to solved cases
Indiana state prison officials are using customized playing cards for a deadly serious purpose: To help unlock the mysteries of unsolved murders and persons gone missing.
-
Indiana attorney general says Congress must act on immigration reform
Amidst concerns that the Boston Marathon bombing may derail federal action on comprehensive immigration reform, Indiana Attorney General Greg Zoeller is turning up some collective heat on Congress to move ahead.
-
Disagreements stall criminal code reform bill
Negotiations over the final language in a bill that rewrites Indiana’s criminal code may come down to the last week of the legislative session.
-
Budget forecasters predict bigger drop in gaming revenues
While a gaming bill is still in play in the General Assembly, state budget forecasters are predicting the payoff to the state from legalized gambling will be even lower than they thought.
-
Legislature heads into final stretch
The Indiana General Assembly has slogged its way through hundreds of bills since convening in January but in some critical ways, the real work has just begun.
-
Criminal records bill passes Indiana Senate
Legislation that would allow some people with long-ago arrests and convictions in Indiana to wipe clean their criminal record has moved one step closer to the governor’s desk.
-
Court challenge likely for welfare drug-testing bill
Both chambers of the Indiana General Assembly have passed a bill that ties drug testing to welfare benefits, but if signed into law, the next debate may be on the question: Is it constitutional?
-
Push to roll back ban on in-state tuition for immigrants stops short
House Republicans who wanted to roll back a two-year-old ban on in-state tuition for the children of undocumented immigrants have abandoned their plan to expand a Senate bill covering a much smaller group of students.
-
House committee OKs in-state tuition for some undocumented students
The debate over in-state college tuition for the children of undocumented immigrants is headed for the Indiana House.
-
Legislators working on funding plan for criminal code rewrite
As legislation that overhauls Indiana’s criminal code moves forward, supporters of the bill are working on finding funding for local communities to implement it.
-
Republican super PAC leader backs immigration reform
As the politics of immigration reform heats up in the Statehouse and Congress, a prominent Republican is ramping up his efforts to rid the influence of what he calls anti-immigrant “extremists” in his party.
-
House considers bill to shorten school day
Legislation that would have freed the state’s high-performing schools from the mandatory 180-day school year has been amended in the House with a provision to shorten the school day instead.
-
House committee debates ban on in-state tuition for immigrant children
Two years after banning the children of undocumented immigrants from paying in-state tuition rates at the state’s public universities, Indiana legislators are debating whether to roll back that prohibition.
-
Pence says Senate GOP plan for 3 percent tax cut not enough
Indiana Gov. Mike Pence appears to be still dug in on his demand for a 10 percent income tax cut, despite a “nod” from Senate Republicans willing to give him a smaller slice of what he wants.
-
Conservative coalition supports rollback of immigrant tuition ban
Supporters of a national coalition of conservative clergy, law enforcement and business leaders are calling on Indiana lawmakers to roll back the state’s ban on in-state college tuition for the children of immigrants who came here illegally.
-
Pence’s 'ERASER' bill appears dead
Legislation pushed by Gov. Mike Pence to eliminate licensing requirements for more than a dozen occupations is apparently dead, killed by a lack of support from both Republicans and Democrats in the General Assembly.
-
Bill limiting seclusion and restraint to discipline students moves ahead
Legislation aimed at reducing the use of physical restraints and locked isolation rooms to discipline students continues to gain support in the General Assembly.
-
House committee pushes Pence to negotiate Medicaid expansion
Indiana Gov. Mike Pence has insisted he won’t expand what he calls the “broken” Medicaid health insurance program for the poor, but some state legislators are encouraging him to do so, even it’s called by another name.
-
Debate over pot penalties not over in Indiana
The politics of pot may keep Indiana lawmakers from rolling back the state’s tough marijuana laws this session, but it won’t eradicate the push for decriminalization.
- More State News Headlines
-
State won’t use free lunch program as poverty indicator
Bridge Collapse Survivor: 'Rough Day'
Officials: Truck Hit Bridge Before Collapse
Raw Video: Washington State Bridge Collapse
Jersey Shore Open for Business
First Person: Mom Discusses Famous Tornado Photo
Sheriff: No Sign Killing of 2 Kids Was Planned
Officials: Tsarnaev Friend Linked to Slaying
Boy Scouts Approve Plan to Accept Gay Boys
Raw: Utah Teen Arrested in Death of His Brothers
Two Suspects in Murder Known to London Police
Raw: Scuffles in London After Hacking Death
Obama Defends Drone Strikes, With Limits
Raw: Jurors Deadlock on Jodi Arias Penalty
Johnson: Don't Blame Islam or UK Policy
Obama:Sexual Assault Threatens Trust in Military
Today in History May 24
Raw: Memorial Day Flags Placed at Arlington
Boy Scouts Decision "First Step" Say Activists
Closer Look at Okla. School Where Children Died
New Wheelchair Lift Promises More Access
AK-47-wielding thug may be the most bumbling crook ever
Oklahoma Survivors, Heroes Survey Damage
Trout's cycle a boost for Angels
Raw: New Video of Deadly Oklahoma Tornado
Kim Kardashian Flaunts Pregnant Bikini Body in Greece
NBA star pledges $1M to help tornado recovery
Shakira's Shocking Talent
Morgan Freeman falls asleep on air
GRAPHIC: Blood-Soaked Machete Killer Caught on Tape
Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public
Camera Captures Climber As He Loses Grip And Falls
Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place
Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill
DWTS Crowns a Winner
Police Ram House to End Hostage Standoff
Demi Moore a Rocks Bikini at Harry Morton's Family House
Anthony Weiner: I'm running for New York City mayor
Kate Middleton's Dress Flies Up
VIRAL: Baby makes epic soccer goal
The Hangover Baby All Grown Up
