Indiana Marijuana Laws A Step Back In Time

A recent Pew Research Center poll found that for the first time a majority of Americans favor legalizing the use of marijuana. Indiana Governor Mike Pence is not among them. With the rest of the United States moving towards relaxing marijuana laws, Indiana seems to be bravely marching into the past. The Hoosier State's penalties for marijuana are getting tougher after Gov. Mike Pence requested, and was granted stricter laws for low-level cannabis offenders. They have gone so far as proposing that felony charges for possession be extended down to cover one-third of an ounce of marijuana, down from 30 grams or one ounce of marijuana.

As a resident of Indiana and having voted for Pence, I was very surprised that the former Republican congressman who became governor in January, is pushing for an overhaul of Indiana's criminal sentencing laws. He's insisted to state lawmakers that the changes include tougher penalties for marijuana possession. Pence recently told reporters that he believed the bill should send a message that the state is tough on drug dealers, AP reports. The governor says he's interested in reducing prison populations. But he wants to do that by reducing crime, not by decreasing penalties on some crimes.

The move comes months after voters in Colorado and Washington chose to legalize pot under state law. Marijuana remains a banned substance under federal law. But several members of Congress are pushing legislation to legalize pot outright. Or to at least prevent the feds from cracking down on states like Colorado and Washington where voters want it legalized. While Pence’s proposal would lead to more persons convicted of low-level felonies spending time in a work release program rather than prison, the plan also would require those convicted of more serious crimes like possession of a small amount of marijuana to spend more time in prison.

Pence presented these changes to the public as a message that the state is tough on drug dealers, but as some organizations have pointed out, Pence may have been financially inspired to invoke tougher laws as a favor to the GEO Group, one of the largest private prison companies in the United States. Though GEO Group is based in Florida, the prison has made contributions to political campaigns across the U.S., mostly to Republican candidates. In the last 10 years, the company has spent more than $3 million on direct campaign contributions, and the number is a low estimate since many state contribution records are either incomplete or missing.

Based on the data that is available, Indiana ranks No. 8 on GEO Group’s list of campaign contributions — spending about $60,000 in state elections. Pence himself received $12,500 from GEO Group for his 2012 gubernatorial campaign, making the prison group one of  Pence’s top 30 corporate contributors. When GEO built a 2,416-bed prison in New Castle, Indiana, the state signed a contract guaranteeing the for-profit prison company that 90 percent of the beds would stay filled. Yes, private prisons are a big business, as is the whole legal system, and all this is part of how government hides its growth through mandates and the use of quasi-government groups.

While like many Americans I do not want drugs sold on street corners and a total "free for all" atmosphere to develop this appears to be a strong move in the wrong direction. Recent revelations from Washington concerning the NSA and its massive spying program on the Americans should give us all pause and raise concern as to this troubling trend. It is not only about the curtailment of our freedom but also of the cost of such questionable programs. It may be that more education about the negative effects of drug use is a better use of our tax money then more prisons. I understand from a website that the following are some of the details contained in the new Indiana marijuana law being put forth;

The possession of 30 grams or less of marijuana is a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. For first offenders, the court may consider a conditional discharge. For possession of more than 30 grams, the penalties range from 6 months - 3 years in prison and a fine of up to $10,000. The cultivation, delivery or sale of 30 grams or less is a misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Cultivation or delivery of more than 30 grams is a felony, punishable by six months - three years in prison and a fine of up to $10,000. For cultivation or delivery of any amount of ten pounds or more the penalties range from 2 - 8 years in prison and a fine of up to $10,000.

But there is more. Any sale within 1,000 feet (which is about three city blocks) of a school, public park or a family housing complex, or any sale on a school bus is punishable by 2 - 8 years in prison and a fine of up to $10,000. Sale to a minor is punishable by 6 months - 3 years in prison and a fine of up to $10,000. Possession of paraphernalia can be a misdemeanor if it is committed “recklessly”, and is punishable by imprisonment for a fixed term of not more than one year and a fine of not more than $5,000. There is no mention in the statute of what “recklessly” means. Possession of paraphernalia can be a felony if the person has a previous judgment or conviction under the statute, and is punishable by imprisonment for a fixed term of one and one-half years and a fine of not more than $10,000.

Even knowingly visiting a place where drugs are used is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. Add to this the fact that a person convicted of dealing or possessing marijuana will have his operator’s license, his existing motor vehicle registration, and his ability to register motor vehicles suspended. All this may be viewed by many as rather harsh and extensive when many Americans are shifting their values towards a more open and tolerant culture. I side with those who feel that the war on drugs has been a costly and dismal failure. America and Indiana need to reform these laws in a way that focuses on putting dangerous criminals behind bars and not just filling the expensive system with what is often the most stupid and unmotivated of society.


Footnote; Other related articles as to what I consider government overreach may be found in my blog archive, thanks for reading, your comments are encouraged. This recent article on "Reefer Madness" may be of interest,
                                http://brucewilds.blogspot.com/2013/12/reefer-madness.html