INDIANAPOLIS — Marijuana legalization and decriminalization are on the list of topics to be debated at the Indiana Statehouse.
A total of 13 marijuana-related bills have been authored by Democrats and Republicans. Recreational pot is legal in 18 states, including Illinois and Michigan, plus Washington, D.C., and it is also legal for medicinal use in Ohio.
However, since Gov. Eric Holcomb previously stated his opposition to marijuana legalization, it’s unlikely Indiana will join that list any time soon.
In November, Democratic Party leaders called on Holcomb to rescind his opposition to marijuana and said waiting for the federal government to legalize the drug will set Indiana back in terms of economic and manufacturing opportunities.
Democrats also said they expect the it to be a “hallmark issue” for the 2022 state and midterm elections if the matter is not settled during the 2022 legislative session.
Here is a look at the bills up for debate as of Jan. 20.
INDIANA CANNABIS LEGALIZATION
Senate Bill 324: Legalization of cannabis
Author: Sen. Eddie Melton, D-Gary
What it says: The bill would legalize cannabis and establish the Cannabis Regulatory Agency (CRA), which would permit growers, processors, dispensaries and cannabis researchers. The CRA would be required to adopt rules limiting the number of dispensaries in a city, town or county so that a sufficient number of permits would be awarded to minority and women’s business enterprises.
A person sentenced for a cannabis offense committed before July 1, 2022, would be able to petition for a sentence modification.
It makes possession and delivery of cannabis by a person age 21 or younger and younger a Class B misdemeanor. The bill also makes consumption of cannabis in a public place a Class C infraction.
Current status: First read, referred to Committee on Commerce and Technology
Senate Bill 414: Cannabis legalization
Authors: Sen. David Niezgodski, D-South Bend; Sen. Eddie Melton, D-Gary
What it says: The bill would legalize cannabis and establish a procedure for the lawful production and sale of cannabis in the state.
Current status: First read, referred to Committee on Commerce and Technology
House Bill 1311: Cannabis legalization
Author: Rep. Cindy Ziemke, R-Batesville. Co-authors: Rep. Steve Bartels, R-Eckerty; Rep. Justin Moed, D-Indianapolis; Rep. Vanessa Summers, D-Indianapolis.
What it says: The bill would legalize cannabis and establish a procedure for the lawful production and sale of cannabis in Indiana.
Current status: First reading, referred to Committee on Courts and Criminal Code
MARIJUANA DECRIMINALIZATION
House Bill 1070: Decriminalization of marijuana
Author: Rep. Heath VanNatter, R-Frankfort
What it says: The bill would decriminalize possession of two ounces or less of marijuana.
Current status: First reading, referred to the Committee on Courts and Criminal Code
House Bill 1232: Partial marijuana decriminalization
Author: Rep. Zach Payne, R-Jeffersonville. Co-authors: Rep. Jake Teshka, R-South Bend; Rep. Jim Lucas, R-Seymour; Rep. Sean Eberhart, R-Shelbyville.
What’s in it: The bill would decriminalize two ounces or less of marijuana.
Current status: First reading, referred to Committee on Courts and Criminal Code
MEDICAL MARIJUANA
Senate Bill 175: Medical cannabis
Author: Sen. J.D. Ford, D-Indianapolis
What’s in it: The bill defines medical cannabis and specifies that it does not include smokable cannabis or cannabis mixed with a food product. It allows a person with a qualifying medical condition as defined by their physician to use medical cannabis.
A medical cannabis program would be established to permit the “cultivation, processing, testing, transportation and dispensing of medical cannabis by holders of a valid permit.” The Indiana Cannabis Commission would be established as a state agency to oversee, implement and enforce the program. A commission advisory committee would review the effectiveness of the program.
The bill would require that medical cannabis be properly labeled and placed in child-resistant packaging and tested by an independent laboratory.
The bill would prohibit packaging that is appealing to children.
Current status: First reading, referred to Committee on Commerce and Technology
Senate Bill 231: Medical marijuana
Author: Sen. Greg Taylor, D-Indianapolis
What’s in it: The bill would establish a medical marijuana program and permit caregivers and patients who received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. It would establish a regulatory agency to oversee the program and repeal the controlled substance excise tax and marijuana eradication program.
Current status: First reading, referred to Committee on Commerce and Technology
House Bill 1168: Medical marijuana
Author: Rep. Jim Lucas, R-Seymour. Co-authors: Rep. Zach Payne, R-Jeffersonville; Rep. Heath VanNatter, R-Frankfort; Rep. Sean Eberhart, R-Shelbyville.
What’s in it: The bill would permit the use of medical marijuana by people with serious medical conditions as determined by their physician. It would establish a medical marijuana program to permit the “cultivation, processing, testing, transportation and dispensing or medical marijuana” by people who have a valid permit. The Indiana Department of Health would be required to implement and enforce a medical marijuana program.
The bill would require medical marijuana to be properly labeled and placed in child-resistant packaging that would not be appealing to children. It prohibits discrimination against medical marijuana users and harassment by law enforcement. An oversight board would be established to review appeals and grievances.
Current status: First reading, referred to Committee on Public Health
House Bill 1212: Medical and adult use of cannabis
Author: Rep. Jake Teshka, R-South Bend. Co-authors: Rep. Steve Bartels, R-Eckerty; Rep. Ryan Hatfield, D-Evansville; Rep. Zach Payne, R-Jeffersonville.
What’s in it: After marijuana is removed as a federal schedule I controlled substance, the bill would permit the use of cannabis by a person who is at least 21 years old who has a serious medical condition as determined by their physician.
It would establish the adult use cannabis excise tax and require a retailer to transfer the tax to the Indiana State Department of Revenue. The bill would also establish the Indiana Cannabis Commission (ICC) to oversee the program. It would require child-resistant packaging that is not appealing to children.
Current status: First reading, referred to Committee on Public Health
LEGALIZATION STUDY
House Bill 1405: Study the legalization of recreational marijuana
Author: Rep. Terri Jo Austin, D-Anderson
What’s in it: The bill would establish the Marijuana Policy Study Commission to study the economic and social impacts of legalizing the recreational use of marijuana. A commission would be required to issue a report no later than Nov. 1, 2023.
Current status: First reading, referred to Committee on Public Policy
REGULATION
Senate Bill 197: Cannabis regulation
Author: Sen. Rodney Pol, D-Gary
What’s in it: The bill would establish the Cannabis Advisory Committee to review rules and laws. It also establishes the Cannabis Compliance Commission to regulate legal cannabis in Indiana, including help and THC hemp extract.
Current status: First reading, referred to Committee on Commerce and Technology
House Bill 1049: Cannabis regulation
Author: Rep. Sue Errington, D-Muncie. Co-authors: Rep. Chris Campbell, D-West Lafayette; Rep. Cindy Ziemke, R-Batesville.
What’s in it: The bill would establish the Cannabis Compliance Advisory Committee to review and evaluate rules and laws. It would also establish the Cannabis Compliance Commission to regulate legal cannabis in Indiana, including industrial hemp and low THC hemp.
Current status: First reading, referred to Committee on Agriculture and Rural Development
MARIJUANA OFFENSES
Senate Bill 354: Marijuana offenses
Author: Sen. Rodney Pol, D-Gary
What’s in it: The bill adds to the defense of operating a vehicle and committing a traffic offense with a controlled substance determined to be marijuana by a chemical test offered by law enforcement. It repeals the offense of possession of marijuana, hash oil, hashish or salvia as a Level 6 felony and establishes a penalty for a minor who possesses or consumes marijuana.
Current status: First reading, referred to Committee on Corrections and Criminal Law
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