Pubdate: Sun, 31 Mar 2013
Source: Kokomo Tribune (IN)
Copyright: 2013 The Kokomo Tribune
Contact:  http://www.ktonline.com
Details: http://www.mapinc.org/media/1204
Author: Maureen Hayden, Cnhi Statehouse Bureau

DEBATE OVER POT PENALTIES NOT OVER

Push For Marijuana Decriminalization Alive And Well In
Indiana.

INDIANAPOLIS - 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.

State Sen. Karen Tallian, a Democrat from Portage, has vowed to bring
back a bill next year that would turn most marijuana possession
offenses into an infraction, the same as a speeding ticket.

Tallian is convinced her proposal, first introduced two years ago, is
gaining traction among the public  and with some conservative
legislators -- despite opposition from Republican Gov. Mike Pence.

"Just look the polling on this issue," Tallian said, referring to
recent polls that show increasing support among Hoosiers for lowering
pot penalties. "The public is in favor of this."

Late last week, in response to Pence's criticism of legislation that
rewrites Indiana's criminal code to lower drug penalties, a Senate
committee amended the bill to make punishment for marijuana crimes
tougher than the legislation's Republican authors had originally proposed.

"The governor is the only one who's been talking about tougher
penalties for drug crimes," said Tallian, a lawyer and grandmother.
"Across the country, the train is moving in the opposite direction."

Fifteen states have reduced marijuana possession to a fine-only
offense. This year alone, legislative chambers in four states have
passed measures to reclassify minor marijuana offense s as
non-criminal violations, punishable by a fine only.

Nearly a dozen other states are currently considering legislation to
legalize the consumption of marijuana by adults and regulate its
retail production and sale. Two states that have legalized pot for
recreational use by adults are looking at ways to tax it.

The Indiana General Assembly wasn't ready to go that far, but it had
been moving to lessen pot penalties this session.

In February, the Republican controlled House approved House Bill 1006,
which rewrites Indiana's criminal code to lower drug penalties and
toughen punishment for violent and sex offenders.

The bill contained language that made most of the state's marijuana
crimes into misdemeanors. Bill supporters say the intent of the bill
is divert drug users out of state prisons and into treatment programs,
while reserving the prisons for the worst offenders.

Pence waited till mid-March to weigh in on House Bill 1006 and did so
at a press briefing with TV and radio reporters, telling them: "I
think we need to focus on reducing crime, not reducing penalties."

In response to the criticism, the Senate courts and corrections
committee amended House Bill 1006 last week, to push back up some of
the marijuana penalties contained in the bill. The committee left
intact the lower penalties for other drug crimes.

House Bill 1006 didn't decriminalize possession of small amounts of
marijuana, as Tallian wanted. But it almost did: One of the bill's
strongest supporters, conservative Republican Sen. Brent Steele of
Bedford, chairman of the Senate Judiciary Committee, had drafted
decriminalization language to add to the bill.

Steele said he backed off when he didn't think he could the support
from the bill's sponsors.

But both Steele and Tallian thought there was enough support for
lowering the state's marijuana penalties, which are some of the
toughest in the nation.

Both cited the shift in public opinion, as evidenced in the October
2012 Howey/ DePauw Indiana Battleground Poll that showed 54 percent of
voters agreed with decriminalizing marijuana, while 37 percent disagreed.

Steele and Tallian also cited the relief it would provide to local
courts that process more than 12,000 marijuana possession cases each
year.

"What's fair is what's right, and this bill makes our laws more fair,"
Steele said of the original House Bill 1006.

Under current Indiana law, possessing marijuana is a felony unless
it's a first-time offense or under one ounce. As originally drafted,
House Bill 1006 dropped all the marijuana possession charges down to a
misdemeanor level.

It also made a first-time offense of possessing less than one ounce
of marijuana into a class C misdemeanor punishable with up to 60 days
in jail. Currently, it's a class A misdemeanor, which carries a
penalty of up to a year in prison.

Pence was particularly critical of the original bill's language that
dropped possession of up to 10 pounds of marijuana from its current
felony level down to a class A misdemeanor.

Under changes made by the Senate courts and corrections committee last
week, most of the penalties have been pushed back up a level but are
still lower than what the current law calls for. Possessing between
one-third of an ounce and 10 pounds is now a class D felony, with a
prison sentence between six months and 2.5 years.

Andrew Cullen is the legislative liaison for the Indiana Public
Defender Council, which worked with the Indiana Prosecuting Attorneys
Council to help craft the original House Bill 1006.

Cullen hopes the changes made by the Senate committee last week are
enough to keep Pence from vetoing the bill. The marijuana drug
penalties are just a small part of a massive piece of legislation that
also includes tougher penalties for murderers, rapists, sex offenders,
and other violent criminals. It's the first rewrite of the state's
criminal laws since 1978.

"This is Indiana's first opportunity to do something big in criminal
justice reform in 35 years," said Cullen. "It's perplexing that Gov.
Pence focused on minor drug offenses as his number one concern when we
have the opportunity to reshape criminal justice in the state of Indiana." 
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MAP posted-by: Jo-D