Unpacking the Legal Status of Marijuana Across the United States

Posted on December 22, 2022 by admin

The cannabis industry is rapidly evolving in the United States as more states legalize cannabis for medical and/or recreational use. With this shift, it can be difficult to keep up with the changing legal status of cannabis across the country. In this blog post, we’ll take a closer look at cannabis laws across the nation, discuss differences between medical and recreational cannabis use, and explore what the future may hold for cannabis legalization nationwide. We’ll also dive into Indiana’s specific laws regarding marijuana.

By understanding these rules, you can stay informed on your rights and responsibilities when it comes to cannabis consumption. Let’s get started!

Call Our Indianapolis Marijuana Criminal Lawyers at 317-636-7514 Today.

Cannabis Laws Across the United States

The marijuana laws across the United States have changed rapidly in recent years, although marijuana is still illegal at the federal level. Each state has adopted different marijuana regulations, resulting in a patchwork of marijuana laws that vary between jurisdictions. Some states are more lenient than others, allowing marijuana use for medicinal purposes while others permit recreational marijuana consumption.

Despite this variance, it’s important to remember that cannabis remains illegal at the federal level and possession and sale of marijuana can lead to serious legal consequences when crossing state lines or entering federal property. With changing public opinion on marijuana, research has indicated that legal marijuana markets can provide economic benefits with proper regulation and taxation. This could be a potential source of revenue for governments struggling with budget deficits due to Covid-19 related loss income.

Differences Between Medical and Recreational Cannabis Use

Cannabis, marijuana, or weed is used for pleasure and medical purposes throughout the world. However, there are significant differences between marijuana used for recreational and medicinal purposes. Generally, marijuana studied for medicinal use contains much higher levels of cannabidiol (CBD), which may only contain a fraction of tetrahydrocannabinol (THC). CBD is known to have calming effects without producing psychoactive effects like THC.

In contrast, marijuana intended for recreational use typically has higher THC levels, which can cause euphoric feelings in users but might also result in adverse effects such as anxiety and paranoia. Furthermore, marijuana used in medical settings is subject to strict legislation, while marijuana purchased on the market outside of medical prescriptions may be illegal even in areas where marijuana has been decriminalized.

CBD Laws in the USA

CBD, or cannabidiol, has become a popular ingredient in health and beauty products because of its potential therapeutic properties. CBD laws in the U.S. can be complicated as CBD is derived from cannabis and hemp plants, both of which have varying levels of legal status in different states. CBD is currently legal as a component of hemp-derived products at a federal level, though some states regulate CBD more than others. Despite this complexity, CBD dispensary businesses have been popping up across the nation due to consumer demand for CBD-infused goods ranging from topicals to edibles. That being said, there still is much confusion about its status so it’s important for potential customers to stay informed on the CBD laws in their own state before making decisions.

Indiana Laws Regarding Marijuana

Indiana laws regarding marijuana are relatively restrictive, but changes have been made to reflect a more permissive stance towards cannabis. Marijuana is still considered illegal for recreational use in Indiana; however, recent legislation allows the sale and consumption of products such as CBD oil, which contain tremendously low levels of THC. Possession or consumption of recreational marijuana can result in fines and jail time; nevertheless, this is only true if an individual has more than 30 grams of the drug.

Presently, medical marijuana use is outlawed in Indiana. This year marks a turning point as 13 cannabis-related bills have been introduced to address issues such as the medicinal application of marijuana and decriminalization of possession. Although changes have been made to Indiana’s marijuana laws, it is important for individuals to understand their rights and responsibilities when it comes to cannabis in the state.

If you have been charged with a marijuana crime in Indianapolis, Indiana, don’t wait another moment to get the help you need. Attorney David E. Lewis is an experienced criminal defense lawyer who will fight for your rights and provide you with the best legal counsel available. Contact us today at 317-636-7514 to schedule a meeting, today.

How are Drugs Categorized in Indiana?

Posted on November 16, 2021 by admin

In Indiana, a classification system categorizes all illicit drugs and controlled substances according to their risk or potential of abuse and addiction. Drug classifications, referred to as schedules, are numbered on a scale from 1 to 5 and can be influenced by several factors, including the level of tolerance for medical treatment, physical dependency, and psychological dependency.

Although drug schedules are developed and regulated by the Federal government and Indiana legislature, the Indiana State Board of Pharmacy is legally permitted to suggest modifications, additions, and omissions to the state legislature at any time. So, while marijuana may be a Schedule I drug now, by next year it could change without warning.

Continue below to learn about schedule 1 through schedule 5 drugs, including possible sentences for such drug convictions in Indiana.

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State Drug Schedules and Examples

Schedule 5 Drugs

A drug is a Schedule 5 substance if it has lower abuse potential than a Schedule 4 drug, is medically accepted, and is less likely to cause physical or psychological dependency than a Schedule 4 drug. This includes non-narcotics such as Tylenol, Codeine, and similar OTC drugs.

Schedule 4 Drugs

A drug is a Schedule 4 substance if it has lower abuse potential than a Schedule 3 drug, is medically accepted, and causes limited physical or psychological dependency than that of a Schedule 3 drug. This includes drugs like tranquilizers, clonazepam, diazepam, and similar benzodiazepines.

Schedule 3 Drugs

Schedule three drugs are considered to be any drug that has a moderate risk of abuse, but less dangerous than Schedule one and two drugs. This includes drugs like testosterone, anabolic steroids, ketamine, codeine, and Buprenorphine (Suboxone).

Schedule 2 Drugs

Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, methamphetamines, amphetamines, hydrocodone, morphine, oxycodone, and methadone.

Schedule 1 Drugs

Schedule one drugs are considered to be the most dangerous and have the highest abuse potential. They have a high potential for physical and psychological dependency, with no legitimate medical purposes or uses. Drugs like this include heroin, mescaline, peyote, tetrahydrocannabinols (THC), MDMA (Ecstasy), and LSD (lysergic acid diethylamide).

What to Expect From a Drug Conviction in Indiana

The level of punishment for drug crimes largely depends on two factors: the type of illegal substance and the quantity of it. Such penalties range in severity, from minor fines and short-term probation to first degree felonies and mandatory jail time. Habitual violations for the same offense or drug, as well as various other factors, will also impact the severity of a person’s drug-related sentence.

Are you currently facing drug charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for intelligent and skilled drug crime attorney in Indianapolis, Indiana. We represent adults and juveniles in drug possession, drug trafficking, and drug manufacturing cases.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Current News on the Decriminalization of Marijuana

Posted on July 15, 2021 by admin

Currently in Indiana, and under federal law, marijuana consumption, possession, distribution, trafficking, and cultivation are all illegal, and punishable by jail time, fines, and much more. Although several states within the country have decriminalized marijuana on local and state levels, marijuana continues to be against the law in the eyes of the federal government. However, Senate Democrats have recently unveiled a new bill that would decriminalize marijuana on a federal level.

Continue reading to learn some facts regarding the current news on the decriminalization of marijuana, as well as what you need to do right now if you are facing marijuana drug crimes in Indiana.

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Facts About the New Federal Marijuana Decriminalization Bill

Yesterday, Wednesday, July 14th, Democratic Leader Chuck Schumer and Senators Cory Booker and Ron Wyden led the unveiling of the new Federal marijuana decriminalization bill. Although this new draft does not legalize the sales and distribution of cannabis products and marijuana itself, it does decriminalize it by ending federal enforcement against marijuana crimes.

During the unveiling of this new potential bill, Sen. Cory Booker pointed out that in 2019 alone, there were more arrests for minor marijuana offenses than there were for violent crimes. Ultimately, the Democrat’s mission is to in the war marijuana.

How the Bill Can Help

Senate Democrats suggest that this could be monumentally advantageous to our economies, and as a state in whole. According to Sen. Ron Wyden, the passing of this bill would help generate revenues that would be directly applied to the support and restoration of those whose lives were affected by the war on drugs.

Democratic Leader Chuck Schumer stated that many of these outdated federal laws, such as the one on minor, non-violent marijuana crimes, significantly impact people’s lives in a negative way, holding them back from employment opportunities, good income, good credit, and simply being able to live a normal life.

In addition to promoting leniency against minor marijuana offenses, this new bill also pushes for justice for minority groups.

There are Many Who are Opposed

However, there are some opposed to this new potential marijuana decriminalization bill. For instance, Luke Niforatos with Smart Approaches to Marijuana insists that if this bill were to be passed, it would be harmful to our society. He strongly believes that this idea of decriminalizing marijuana is aligned with the same type of company missions created by tobacco, alcohol and big Pharma, stating, “It’s invested in by tobacco, alcohol and pharma — the drug is much more potent and much more addictive than it’s ever been (…)”.

Will it Pass?

If this bill were to pass, it would decriminalize marijuana on a federal level, but still allow states to keep marijuana illegal on a state level. In addition to legislation removing marijuana from the list of federal controlled substances, thus allowing cannabis-based business to be eligible for banking, as well as regulate and tax all marijuana sales.

Upon the passing this bill, marijuana sales up to 10 ounces for individuals 21 and older would be permitted. Furthermore, there would also be criminal expungement rights to seal or destroy criminal records for those who were charged and convicted with a minor or non-violent marijuana offense in the past.

In order for the new federal marijuana decriminalization bill to be passed, at least 10 Republicans must be in agreements and vote for the bill to move forward. It is very likely that this bill will see more revisions before it is officially introduced.

Current CBD and Marijuana Laws in Indiana

Currently in Indiana, possession of just a single marijuana joint is punishable by up to one year in jail and a fine of up to $5,000. Our state is one of the few state’s left that still imposes imprisonment penalties for minor and nonviolent marijuana offenses.

CBD oils and vape pens have been legal in Indiana since 2018, when Gov. Eric Holcomb legalized low-THC CBD derived from industrial hemp. There are now many CBD stores and retailers all across the state that sell a wide variety of CBD-based products, legally. So long as a CBD product meets certain labeling requirements and has 0.3 percent or less THC content, it is perfectly legal under state and federal law.

Are you currently facing misdemeanor or felony marijuana charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned marijuana crime lawyer in Indianapolis, Indiana. Get started on your drug crime defense now!

You Should Also Read:

Marion County Grants Legal Leniency for Minor Marijuana Offenses
Is it Legal to Buy Marijuana in Illinois and Bring it Back to Indiana?
Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

Marion County Grants Legal Leniency for Minor Marijuana Offenses

Posted on October 1, 2019 by admin

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.

Indianapolis Marijuana Lawyer 317-636-7514

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 30^th, 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!

Can I Buy Marijuana in Michigan and Bring it Home to Indiana?

Posted on February 5, 2019 by admin

Michigan has joined the various other states in their 2018 ballot initiative to legalize recreational and medical marijuana consumption. This means that Michigan residents, 21 years and older, are able to possess, transport, use, and even grow marijuana. As a bordering state to Indiana, many Hoosiers want to know if they can visit Michigan, purchase marijuana products, and then bring them home to Indiana for personal use. This is a very relevant and predictable inquiry, as marijuana laws are constantly changing around the country, every day.

Continue reading to learn what you need to know as an Indiana resident visiting Michigan.

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Michigan Residents

Before Michigan enacted their marijuana legalization laws, possession of marijuana was a misdemeanor crime, punishable by 1 year in jail and $2000 in fines. Trafficking and cultivation rendered even more serious penalties. But in late 2018, Michigan inducted the Michigan Regulation and Taxation of Marijuana Act (MRTMA) after their ballot to legalize recreational and medical marijuana was approved by voters.

So Michigan state law now permits the consumption and possession of recreational and medical marijuana. But keep in mind that even though it is legal under state law, it is still illegal under Federal law throughout the entire country by way of the Controlled Substance Act. For Michigan residents, this means that, at any time, the state laws regarding marijuana can be overturned by Federal legislation.

Indiana Residents

Here in Indiana, marijuana is illegal across the board. And there is no talk of legalizing it anytime soon. So if you decide to visit Michigan and purchase marijuana, you CANNOT bring it back across Indiana borders. If you do, and you are caught by law enforcement, you will be prosecuted according to Indiana’s drug schedule. Read our blog, “An Introduction to Indiana Drug Schedules” to learn what this could mean in terms of penalties and repercussions.

Charged With a Marijuana Crime?

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your marijuana drug charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!

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