A BIG announcement was made yesterday by the Marion County Prosecutor’s Office regarding simple marijuana cases. Continue reading to learn more about the legendary changes made to the Marion County laws surrounding minor marijuana possession and consumption.
Standard Marijuana Penalties in Indiana
Traditionally, anyone who is caught in possession of, using, distributing, selling, or manufacturing marijuana would be subjected to strict criminal charges. For example, a person caught with under 30 grams of marijuana that has no prior drug offenses would face up to six months in jail, up to $1,000 in fines (not including court costs and probation fees), and charged with a Class B misdemeanor.
However, in a news conference in Indianapolis on Monday, September 30th, the Marion County Prosecutor’s Office made a big announcement. They have officially decreed that they will NOT prosecute minor marijuana offenses anymore! Here’s what Prosecutor Ryan Mears had to say:
“Too often, an arrest for marijuana possession puts individuals into the system who otherwise would not be. That is not a win for our community. (…) The enforcement of marijuana policy has disproportionately impacted people of color, and this is a first step to addressing that.”
He went on to say, “Our priority is violent crime. (…) We are not going to mess around with these small possession of marijuana cases.”
Even the former chief deputy prosecutor acknowledged that minor marijuana offenses were clogging up the court system, overcrowding jails, and exhausting resources that should be put toward violent crimes.”
On the other hand, Indiana Attorney General, Curtis Hill, is concerned about the prosecutor’s decision, stating, “I respect and support the fact that prosecutors have absolute discretion in deciding when to file criminal charges and how to allocate their resources. Typically, though, prosecutors carefully exercise this discretion on a case-by-case basis rather than proclaiming that in all cases they will ignore a particular state law not to their liking. I am concerned that this proclamation in Marion County will attract to Indianapolis people with a particular interest in communities where drug enforcement is lax. It seems to me a curious strategy to put out a welcome mat for lawbreakers in a community already facing challenges related to crime, homelessness and other social problems stemming from drug abuse.”
And the Indianapolis Fraternal Order of Police is openly rejecting the prosecutor’s decision, submitting a statement saying, “(…) While we recognize and value prosecutorial discretion, our law enforcement officers have significant concerns anytime a single person elects to unilaterally not enforce a state law as a matter of practice or policy. We are attempting to better understand the basis for this decision and any potential unintended outcomes. In the interim, it is our understanding the IMPD Chief of Police has directed officers to continue to enforce the laws as proscribed by the State of Indiana and we strongly concur.”
What You Should Take From All This
So what does all this mean for Marion County residents and visitors? It means that anyone over the age of 18 years old will no longer face the above-mentioned criminal penalties for minor possession of marijuana. In fact, since the announcement, Marion County has dismissed eight out of ten minor marijuana possession cases.
Marijuana crimes that will continue to be prosecuted include driving while intoxicated (DWI), public consumption, growing, dealing, and trafficking. So do not go to the park and light one up. Only minor possession of marijuana is being dismissed as a chargeable offense. Furthermore, it is just Marion County that has made this announcement, which means that all other counties still adhere to the conventional state laws governing all types of marijuana offenses.
Expunging Marijuana Convictions
Not only is the Marion County prosecutor currently examining over 350 pending drug cases to see where improvements can be made, he is planning to assist those who have minor marijuana possession convictions with criminal record expungement. So if you have been convicted of minor marijuana possession in the past, talk to an Indiana criminal expungement lawyer as soon as possible to learn your rights to sealing or destroying such records.
A Trusted Indianapolis Marijuana Crime Lawyer
Contact Attorney David E. Lewis at 317-636-7514 to learn everything you need to know about the new Marion County marijuana laws. If you are facing marijuana charges in Indiana, or any other type of drug charge, he can help you avoid the maximum penalties for your crimes. He will work around the clock using every resource in his grasp to build you an impactful defense that may reduce or dismiss your drug charges in Indiana. He also offers assistance with criminal record expungement, with rates starting as low as $850! Call to schedule a consultation, today!
