Indiana considers non-retail cannabis legalization

An unexpected proposal has emerged in the’Indiana, one of the most restrictive U.S. states when it comes to cannabis policy. A new bill, in addition to older ones, could remove criminal penalties for possession and small-scale cultivation, without however creating a legal market.

Introduced on January 6 by Democratic Rep. Mitch Gore, This bill would remove all penalties for the possession or cultivation of up to two ounces (56 grams) of cannabis. The proposal does not establish a regulated production or retail system, opting instead for what could be described as a non-commercial form of legalization.

If passed, the bill would amend current state law, which currently classifies any possession or cultivation of cannabis, regardless of quantity, as a Class B misdemeanor. Under the new framework, adults would be allowed to possess or cultivate limited quantities without fear of prosecution, while commercial sales would remain illegal.

The medical cannabis still illegal in Indiana.

Limited scope and clear restrictions

The proposal remains cautious in its scope. Concentrated products such as hashish and concentrates would continue to be totally prohibited. Moreover, while small-scale possession would no longer be penalized, larger quantities would continue to carry criminal consequences.

The amount of cannabis required to trigger a level 6 misdemeanor - punishable by up to 2.5 years in prison and a $10,000 fine - would increase from 30 grams to four ounces (112 grams).

The bill has been referred to the House Courts and Penal Code Committee, where its future remains uncertain. Supporters of reform have always had difficulty gaining traction in the conservative Indiana legislature, where leaders have consistently opposed cannabis reform.

Federal signals and local tensions

Despite resistance within the legislature, the recent developments at federal level could influence the debate. Indiana's Republican governor, Mike Braun, suggested that the federal decision to reclassify cannabis could give a «little boost» to local reform efforts.

Public opinion seems to be one step ahead of legislators. A poll conducted last year found that 87% of Indiana adults support legalization in some form. Braun himself acknowledged that ’it's probably time« to allow therapeutic use for patients.

Nevertheless, resistance from leading Republicans remains strong. Senator Jim Banks, a member of Indiana's congressional delegation, expressed strong opposition to state-level reform, while acknowledging that the issue would continue to be debated.

«President Trump has been honest about this, stating very clearly that marijuana should not be smelled on the streets. From many states have legalized it. This has led to even more crime and problems,» Banks said. «I hope, by the way, that Indiana will never be a state that legalizes marijuana.»