Pubdate: Mon, 21 Jan 2013
Source: Pharos-Tribune (Longport, IN)
Copyright: 2013 CNHI Media
Contact:  http://www.pharostribune.com
Details: http://www.mapinc.org/media/4070
Authors: Maureen Hayden and Scott Smith, CNHI Media
Page: A1

INDIANA MAY CONSIDER MARIJUANA POSSESSION AN INFRACTION

Both Republicans, Democrats Call for Lighter Penalties.

INDIANAPOLIS - On the subject of Indiana's marijuana laws, state Sen. 
Karen Tallian may be in the minority for the present, but even on the 
other side of the political aisle, she's gaining some allies.

The Michigan City Democrat has been in the media for her marijuana 
bill, which proposes turning most possession offenses into an 
infraction, the same as a speeding ticket. The law doesn't consider 
an infraction to be a criminal offense.

Tallian talks about a female constituent, who as a teen was convicted 
of marijuana possession. Five years later, the young woman is being 
told her past offense disqualifies her for a teaching assistant 
position, Tallian said.

"Is this the kind of message we want to send to our kids? You make a 
mistake one time, and it can negatively affect your career for the 
rest of your life?" Tallian asked.

The idea of decriminalization, as opposed to outright legalization, 
appears to be gaining traction in Indiana.

A 2012 survey by the Bowen Center for Public Affairs at Ball State 
University found 53 percent of Indiana residents support the idea of 
a ticket for possessing small amounts of marijuana, with 41 percent 
in opposition.

But the idea of decriminalization has found little traction in the 
General Assembly, replaced instead by a push to bring down penalties 
for pot and other drug crimes.

Under major legislation backed by prosecutors and police groups, the 
penalties for most felony-level marijuana crimes would be reduced to 
misdemeanors. And people caught possessing or selling the drug would 
no longer automatically lose their driver's license.

The bill, put forward by state Sen. Brent Steele, R-Bedford, would 
roll back Indiana's marijuana laws - some of the toughest in the 
nation - that make possession a felony unless it's a first-time 
offense or the amount is less than 1 ounce.

That's significant, because in Indiana, unlike many states, the 
threat of prison still hangs over marijuana possession. The Indiana 
prison system processed more than 400 inmates in 2011 whose most 
serious offense was a felony possession charge.

The proposed changes are contained in a 422-page proposed overhaul of 
Indiana's criminal code, a document arrived at through four years of 
summer study sessions, failed legislation and research - a bill with 
a stated the goal of making punishment more proportionate to the crime.

Its backers say the goal is to reserve prison for the most serious 
offenders, while getting drug addicts and low-level offenders into treatment.

"What's fair is what's right, and this bill makes our laws more 
fair," Steele said.

Steele, the influential conservative chairman of the Senate courts 
and corrections committee, made headlines late last year when he 
called for decriminalizing small amounts of marijuana.

Steele still supports the idea, saying it would save courts and 
prosecutors money by not having to go after small-time users. But he 
decided it wasn't politically palatable to his conservative colleagues.

So he pulled back on language he wanted to see in the larger, 
criminal-code reform bill that would have made possession of 10 grams 
of marijuana or less just a Class C infraction, punishable with a 
$500 fine and no jail time.

"Where I come from, $500 is serious money," said Steele. "Maybe to 
the big boys here Indianapolis it's not much, but down home it is."
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MAP posted-by: Jay Bergstrom