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Bucking the Trend, Indiana Lawmakers Want to Increase Marijuana Penalties

April 8, 2013 By dave

marijuana

As the tide of marijuana attitudes changes, sweeping over the nation and generally leaving lesser penalties and a lower stigma in its wake, Indiana is somehow missing the boat. According to the Associated Press, a committee of state senators recently voted to approve changes to the state’s criminal sentencing laws, including a provision that would increase penalties for some marijuana possession cases.

The Senate’s Corrections and Criminal Law Committee was working to change several aspects of the criminal laws in Indiana, but the change to marijuana punishments seems to be a change in the wrong direction.

Passed by a vote of 8-1, the proposed changes have a long way to go before becoming law, but there are indications it could make it all the way through the lawmaking process.

Basically, the law would decrease the threshold for which a marijuana possession case went from being charged as a misdemeanor to being charged as a felony.

marijuanaCurrently, if you are charged with possession of any amount less than 50 pounds, you face misdemeanor charges in the state. The Committee determined that possession of between about one-third of an ounce and 10 pounds should be classified as the lowest level felony, rather than the highest level misdemeanor, where it is now.

“That’s about a $50,000 street value,” said David Powell of the Indiana Prosecuting Attorneys Council, who supports the change. “You know that’s not for personal use.”

While Powell may be onto something, that few people would possess 10 pounds of pot for personal use, what he’s missing is the fact that what he is referring to (having marijuana with the intent to sell or share it), can be charged as another crime altogether (possession with intent to sell), really negating the need to change the current possession charge at all.

In addition to the possible marijuana change, the committee has also recommended changes be made that would help the lowest-level offenders have access to work release while those convicted of more serious crimes would be likely to spend more time in prison.

They scrapped a plan that would have increased the percentage of a sentence that someone would be mandated to serve, from 50% (where it currently stands), to 75%, determining that increasing the sentence length would remove some of the incentive for inmates to behave better while behind bars.

It’s not unusual for lawmakers to make decisions that seem to fly in the face of nationwide trends or have no seeming respect for what it is the people want. They often seem to run their own show. This particular bill has a long way to go before becoming law, which means there is time to contact local lawmakers and let them know you don’t want marijuana penalties increased.

In the meantime, if you are charged with a marijuana offense, know that you have rights and all is not lost. Contact our offices today to discuss your case and how we might be able to help.

Filed Under: drug laws Tagged With: drug laws, marijuana

Evanston, Indiana Lightens Up on Pot Penalties

December 6, 2011 By dave

The city of Evanston has taken it upon themselves to reduce penalties for people caught in possession of marijuana. While state law says you could serve up to 6 months in jail for the offense, Evanston city officials would rather ticket you than tax the already overburdened criminal justice system. [Read more…]

Filed Under: drug laws Tagged With: marijuana

Indiana Inmate Sues Judge For Strange Drug Sentence

March 21, 2011 By dave

Judges do have some considerable flexibility when it comes to sentencing people convicted of crimes. But one St. Joseph Superior court judge has found a way to gain even more control, not only over the initial sentence but if it is changed down the road. And for this an inmate says his rights have been toyed with and he is subsequently filing suit. [Read more…]

Filed Under: drug laws Tagged With: drug laws, probation, sentencing

Indiana Meth & Marijuana Bills Move Forward

February 18, 2011 By dave

Two bills are making forward progress in the Indiana State Legislature. One will examine if the state should consider marijuana legalization while another would make it more difficult to get the cold medications used in making methamphetamines. A balance of tightening control on one bill and loosening it on another. [Read more…]

Filed Under: drug laws Tagged With: drug laws, marijuana, meth

Plea Deal Reached in Large Marijuana Case

November 17, 2010 By dave

A man facing a litany of federal drug and gun charges is set to plead guilty next week in a case that has drug on for over two years. According to the Ft. Wayne Journal Gazette, the defendant will be looking at a 27 year sentence each on two separate charges and is expected to serve more than 25 years total behind bars. [Read more…]

Filed Under: drug laws Tagged With: distribution, drug laws, marijuana

New Online System Helps Indiana Police Track Methamphetamine

August 17, 2010 By dave

For the last five years, over the counter cold medicines containing the ingredient pseudoephedrine have been kept behind pharmacy counters. This regulation was passed in an effort to prevent the manufacturing of methamphetamine, of which pseudoephedrine is a necessary ingredient. A new system recently unveiled seeks to improve the way in which purchases of the ingredient are tracked. [Read more…]

Filed Under: drug laws Tagged With: meth, police

Indiana Struggles with Prescription Drug Abuse

May 26, 2010 By dave

More and more we are seeing stories of addiction and crime in relation to prescription drugs in Indiana. The trend is growing across the nation as well, as more and more people develop problems with these often legally obtained substances. [Read more…]

Filed Under: drug laws Tagged With: prescription drugs

Mobile Meth Labs Growing in Indiana

April 19, 2010 By dave

A recent news story delves into the world of mobile meth labs and the problems they are causing for law enforcement across the country, including in Indiana. According to the report, these meth labs are multiplying, leaving a trail of toxic litter along highways and making meth cookers even more difficult to catch. [Read more…]

Filed Under: drug laws Tagged With: meth

Elkhart County Struggles With Meth in National Spotlight

December 10, 2009 By dave

An Indiana county attracted national attention in a televised documentary about local difficulties with sale, production, and widespread use of meth (methamphetamine). [Read more…]

Filed Under: drug laws

Indiana Heroin Use on the Rise

July 8, 2009 By dave

Heroin was a big deal back in the 1970s and 80s. It is on the rise again as the drug becomes far more potent and pure than it once was, allowing people to get a strong high without injecting the drug intravenously.

Heroin is cheap and readily available. It is getting more popular among suburban teens and surrounding areas are seeing the effects. This article from the Indy Star details how the drug is experiencing resurgence.  At about $5 a high, heroin is much more affordable than many prescription drugs that are popular among recreational drug users. [Read more…]

Filed Under: drug laws

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