United States: Indiana considers decriminalizing cannabis

Early next year, the U.S. state of Indiana will face a major problem: it will be virtually surrounded by states where cannabis is legal. Michigan opens sales on December 1, and the’Illinois at January 1st.

State officials are therefore considering what measures they could take to prevent an upsurge in interstate drug trafficking. While the incumbent government is positioning itself more on exacerbated prohibition, with all state agencies mobilized to fight cannabis, Democratic lawmakers have another idea: eliminate criminal penalties for possession of small quantities of cannabis.

The aim is to prevent people from going to prison for a simple possession offence, in a context where more than half of the USA now allows its medical and recreational use. The offence would be treated slightly less as a misdemeanor, rather than a felony, and punishable by a simple fine.

«For simple possession of small amounts of cannabis, you won't go to jail,» said Senate Democratic Leader Tim Lanane, to NW Times. «You will still be held accountable to the legal system, but it will become an infraction and not a misdemeanor as it is now.»

Cannabis possession is the second leading cause of arrest in Indiana, a situation that won't be helped by the proximity of 15 of the state's 92 counties to legal markets.

Democratic legislators are also concerned about the budget the state will allocate to fund both law enforcement and prosecution, with a focus on the impact on prison overcrowding. Some state prosecutors, such as Ryan Mears, have already decided to stop prosecuting simple users, in order to focus more on more serious crimes.

«I've been a prosecutor for 12 years, explains-he says. «I have experience seeing what violent crime is. And over the last 12 years, I can tell you that small amounts of cannabis are not our problem.»

His decision covers only simple possession, under one ounce of cannabis (28g).

«We're going to continue to prosecute people who have consumed cannabis before having an accident or who are under the visible effect of cannabis while driving, those kinds of cases,» he said. «And also public consumption. I don't want people to think you can consume in public. That's not what this is about. It's about making sure we treat everyone fairly.»

Three decriminalization bills are currently under consideration in Indiana. The House Bill 1540 would punish possession of 10 grams of cannabis with a fine of 100 to 200$. The House Bill 1283 will punish possession of 30 grams of cannabis with a fine of up to 25 $. A third measure, the House Bill 1658, would decriminalize the possession of two ounces of cannabis.

Currently, possession of any quantity of cannabis is considered a misdemeanor punishable by up to 180 days' imprisonment and a fine of up to $1,000.

According to a recent poll, 78% of Indiana residents believe that people convicted of possessing small amounts of cannabis should not serve jail time.