Indiana Rep. Jim Lucas, R-Seymour, is hoping his latest push to relax some of the state’s marijuana laws will not go up in smoke.
He plans to introduce two bills in the next legislative session that would legalize medical marijuana across Indiana and reduce penalties for possessing less than one ounce of the drug to the level of a “seat belt violation.”
Lucas authored two similar bills during the 2019 legislative session, but both failed to make it out of committee. The next legislative session starts Jan. 6.
“I’m introducing medical cannabis legislation and also another bill that takes possession of less than an ounce and/or paraphernalia down to a (Class) D infraction, which is basically a $25 fine,” Lucas said.
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“Or a warning, if the cop is cool,” the legislator added later in the interview, chuckling.
Lucas’ latest push to roll back some of Indiana’s marijuana laws comes as two neighboring states — Illinois and Michigan — are beginning to regulate and allow the sale of marijuana for recreational use. On Sunday, legal sales of recreational marijuana started in Michigan. Illinois is expected to start recreational sales on Jan. 1. Approximately one out of every six Indiana counties, or 15 out of 92 counties, border Illinois or Michigan.
Currently, 11 states and the District of Columbia have legalized the recreational use of marijuana, according to the National Conference of State Legislatures. An additional 15 states have decriminalized the possession of small amounts of marijuana. A total of 33 states — including Illinois, Michigan and Ohio — have approved medical marijuana programs.
Under Indiana law, possession of less than 30 grams of marijuana is listed as a Class B misdemeanor as long as the offender has no prior drug convictions, Indiana Code states. If an individual has a prior drug conviction, possession of less than 30 grams of marijuana is a Class A misdemeanor. Possession of more than 30 grams, along with a prior drug conviction, is listed as a Level 6 felony.
“What’s going to happen, and everybody knows this, we’re going to have otherwise responsible adults go to those states and purchase something that is a legal product in those states and they’re going to come back to Indiana and be made a criminal,” Lucas said.
However, it remains unclear whether Lucas’ proposed bills would gain enough traction to make it through the General Assembly and be signed into law by Indiana Gov. Eric Holcomb, who, as recently as February, has said he would not support the legalization of medical or recreational marijuana as long as the drug is illegal at the federal level.
The U.S. Drug Enforcement Administration classifies marijuana as a Schedule 1 drug, the same classification as heroin and LSD.
Despite opposition from Holcomb, Lucas said he still feels there is a “50-50” chance that bills could be signed into law.
State Sen. Greg Walker, R-Indiana, however, is not quite as optimistic and said he does not foresee medical marijuana “being a big topic of discussion this year.”
Walker said he is opposed to the legalization of medical marijuana and the reduction of penalties for possession of small quantities of the drug largely because marijuana remains illegal on the federal level and his concerns about marijuana use among young people,
“You can’t write a law that leaves the medical profession open to federal charges,” Walker said.
State Rep. Ryan Lauer, R-Columbus, said he is looking forward to reading Lucas’ bills, but cautioned that state lawmakers need to “be very wary about going down the path of legalization.”
“I think it’s imperative that we take a very close look at other states that have done this and the ramifications of use among our youth and impaired driving, workplace safety,” Lauer said. “My message is that I always read every bill and certainly look forward to seeing what Rep. Lucas puts forward and will consider that during the debate.”
Lucas, however, acknowledged that marijuana can be abused like alcohol and other drugs, including legally-obtained prescription drugs, but said the benefits of medical marijuana far outweigh the negatives. Marijuana arrests “clog up the court system,” contribute to jail overcrowding and “take officers off the street” to deal with “minor infractions,” Lucas said.
“The opposition just becomes more and more irrational as more states adopt this,” Lucas said. “…Thirty-three other states have shown the courage to stand up and do what’s right. If we’re going to use our federal government as the moral authority on making legislation, then maybe we need to rethink some things.”
