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Lawmakers to look at marijuana penalties

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Along with debates over the state budget, education, healthcare and the economy, the 2013 session of the Indiana General Assembly will likely have marijuana on the agenda. Two senators have said they may introduce legislation regarding marijuana laws and a study commission’s recommendations include changes to the marijuana crime penalties.

Many maintain Indiana leans too conservative for radical changes to marijuana laws. Yet, while the arguments over the drug continue, there is a growing chorus that the Hoosier state needs to address the issue.

lawson Lawson

Sen. Karen Tallian, D-Ogden Dunes, authored a bill in the 2012 session reducing the penalties for possession and use of small amounts of marijuana. The proposal received a hearing but did not get a vote, and she has indicated she intends to re-introduce the bill this session.

Across the aisle, Sen. Brent Steele, R-Bedford, has been floating the idea of reducing possession of less than 10 grams from a misdemeanor to an infraction.

Democratic Floor Leader Linda Lawson, D-Hammond, believes marijuana-related legislation may get some traction this session. She does not believe Indiana has the appetite to embrace legalization like Colorado and Washington, but she does see a possible willingness to reduce the penalties, especially for small amounts.

“I hope she (Tallian) and Brent Steele will be able to do something about this,” Lawson said.

Compelling argument

Reducing penalties for marijuana is still a novel idea in the Legislature, said Rep. Ed DeLaney, D-Indianapolis. Advocates for revamping the law fall into two categories: those who have a Libertarian bent and those who believe marijuana is akin to alcohol.

Outside of these two groups, the money spent on law enforcement and incarceration, in particular, is becoming the most compelling reason for decriminalization.

A 2010 report from the Council of State Governments Justice Center highlighted Indiana’s alarming trend in sentencing. It found that while the state’s crime rate fell from 2000 to 2008, the prison population grew by 41 percent. Along with that, the appropriations to the Indiana Department of Correction increased by 24 percent to $616 million.

Money is also a common reason cited by advocates outside the General Assembly. Resources are being spent for police officers to arrest and process low-level marijuana offenders, the court system bogs down under the volume of these cases, and the prisons fill with non-violent inmates who each cost $20,000 to $30,000 annually to keep locked up.

Although DeLaney has doubts about lowering the consequences for marijuana, he concedes the financial aspect raises a key question. Namely, is the state spending taxpayer money to put people in prison for, in his words, a relatively minor offense?

Steele cited the amount of state dollars being spent as his main reason for taking a closer look at marijuana laws.

“As a practicing attorney, I’ve seen a significant amount of state dollars spent on prosecuting and incarcerating individuals caught with small amounts of marijuana,” he stated in a press release. “We have to ask ourselves if this is the best use of our criminal justice resources.”

deLaney-ed-mug.jpg DeLaney

Indianapolis-based defense attorney Ross Thomas added that the resource issue is not just about dollars but also about how law enforcement is spending its time. Arresting and processing someone for having a joint takes the police officer off the street and prevents acting on more serious matters like property crimes and violent crimes.

“If I have the choice between having a police officer respond to a domestic violence situation and respond to some young adults smoking pot,” Thomas said, “I want him to deal with the domestic violence case.”

While the savings in the criminal justice system might be easy to measure, the question remains whether the cost would truly be reduced. If smaller amounts of marijuana were decriminalized would the price shift to problems like higher rates of absenteeism at work?

That answer is not known and likely would require a study being done, said Geneva Brown, professor at Valparaiso University Law School. However, she pointed to California as a possible indication that the savings would be absolute. When medicinal use of marijuana became legal, the underground activity moved above ground and the state was able to collect tax revenue.

“I think we spend so much money on incarceration and with the economy the way it is, we’re going to have to be smart about how we’re spending our resources,” Brown said.

Recommendations to consider

The Criminal Code Evaluation Commission Work Group that reviewed Indiana’s criminal law and ultimately offered a proposal for sweeping changes did recommend changes to marijuana penalties but stopped short of decriminalization.

The work group advised reducing all possession of marijuana to a misdemeanor. Currently, possession starts as a Class A misdemeanor but jumps to a Class D felony if the amount involved is 30 grams or more, or if the person has a prior conviction of any marijuana offense.

daniels Daniels

Under the recommendations, possession would not rise above the misdemeanor level. More than 10 pounds would trigger the harshest charge, a Class A misdemeanor. The penalties for dealing marijuana would begin at a Class B misdemeanor and rise to the maximum of a Class C felony for amounts over 10 pounds.

It did not recommend decriminalization or reducing lower levels of possession to an infraction. That is what the work group thought was appropriate, said CCEC work group chair Deborah Daniels. If the amount is large enough to constitute evidence of intent to distribute, then the individual can be so charged.

Formerly a U.S. attorney and U.S. assistant attorney general, Daniels does not support decriminalization of marijuana. She has worked drug cases and seen the corrupting influence as well as violence tied to marijuana. As for recreational use, she believes it not only is a gateway drug but has more significant short- and long-term effects on individuals because its potency has been greatly enhanced.

Thomas and criminal defense attorney Andrew Maternowski, both in solo practice, have represented defendants in marijuana cases across Indiana and they maintain the penalties are too stringent for a drug they see as harmless.

For example, if an individual pleads guilty to a misdemeanor for a small amount of marijuana, that person will have a criminal record which could hinder his or her ability to rent an apartment or get a job. Having marijuana in the car with children can lead to the parents being charged with neglect.

Also, drivers could lose their licenses for 90 days which, in turn, could hamper their ability to go to court-ordered treatment or meet with their probation officer. It could balloon into a larger issue if the individual loses his or her job as a result, then with no paycheck, gets behind on child support payments.

The attorneys are most concerned about how easy it is for someone to get charged with a felony and face jail time.

“We’re calling a significant number of people in our society, who aren’t hurting anybody, felons,” Maternowski said. “We’re doing more harm than good.”•

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  • harmless offenses
    Beyond pot Indiana needs to ammend its sex offender laws. In the first place a person can't commit a sex offense without engaging in sex and looking a a picture certainly is not a sex offense. Possession of child porn is not a sex offense since the possessor did no harm to anyone, if there was any harm done at all!
  • It's already widely used
    If you walk into any gas station in indiana, in any community in the state, there will be rolling papers for sale at the front counter. Usually there will be multiple brands of rolling papers, and sometimes there will be glass pipes. These things are not for rolling cigarettes. It is long past time that the law caught up to people's behaviors. Keeping marijuana illegal, and enforcing it with the fervor we do now merely leaves too much power in the hands of police to search and make crjminals of the youth. When I ride a motorcycle in the summer I will invariably smell the odor of burning marijuana. As often as not, the smoker is driving a nice car, is middle aged or older, and never gets stopped. The people I see on the side of the road having their cars searched are always black or brown, and young.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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