:::::::Indiana Cannabis Reform Legislation::::::

[pipeline]

Need a place to discuss state leglislation and news articles. Post updated information here. Contact your representatives and post their comments. Thanks for sharing!

Indiana lawmakers to study cannabis again, though GOP leaders still downplay legalization

For the second year in a row, Indiana lawmakers will examine cannabis legalization during their study committee period. But Republican leaders are still downplaying the possibility of actual legalization. Indiana lawmakers meet in study committees between legislative sessions, as a way to hel

indianapublicradio.org

Indiana lawmakers to study cannabis again, though GOP leaders still downplay legalization​

By Brandon Smith, IPB News | Published on June 13, 2023

For the second year in a row, Indiana lawmakers will examine cannabis legalization during their study committee period. But Republican leaders are still downplaying the possibility of actual legalization.





Indiana lawmakers meet in study committees between legislative sessions, as a way to help prepare for future legislation.


Lawmakers on the public health study committee spent hours last year hearing testimony from both supporters and opponents of cannabis legalization.


This year, the Commerce and Economic Development Study Committee will consider the issue. House Speaker Todd Huston (R-Fishers) said the focus will be on employment issues and teen use.


“You’re starting to see real data come out across states that have legalized that I think is important to analyze and understand,” Huston said.


Still, when asked whether the study committee is a step towards legalization, Republican leaders said they’re just gathering information.


Senate Democratic Leader Greg Taylor (D-Indianapolis) said while the GOP is focused on the negatives of cannabis use, he’s focused on the benefits.


“I think cannabis is – it’s inevitable,” Taylor said.


The committee will meet in the coming months...........
__________________________________________


..

Text from the Legeslative Council Resolution for the study:

2) COMMERCE AND ECONOMIC DEVELOPMENT.
THE COMMITTEE IS CHARGED WITH STUDYING THE FOLLOWING TOPICS:
(A) Identify the risks and challenges to Hoosiers that developments in
artificial intelligence may bring as well as the opportunities artificial
intelligence may bring to existing industries, jobs, knowledge,
learning, the provision of government, and other services. (Source:
Letter, Rep. Frye)
(B) Consumer data privacy and security (Source: Letter, Rep. Lehman,
Rep. M. Pierce, Sen. Brown)
(C) Legalization of adult-use cannabis in Indiana as it relates to
workforce impacts and teen use. (Source: Letters, Sen. K. Walker,
Sen. Pol, and others)

 

[RobFromTX]

Hoping for the best man. We need to legalize ALL drugs to get things back on track

 

[pipeline]

Yeah it doesn't stop anyone from doing them does it?

Indiana representatives are only representative of the rich elite corporations who donate to their campaign funds. Corporate lobby groups have more influence in our representation than then actual citizens. However, the tide is starting to turn.

But they are looking at studying it again so at least they're finally doing the historic discussions this past year.

Indiana has a short session so its done now until next year. House Bill 1297 was heard in Courts and Corrections committee with 30 min support and 30 min opposition and questions but they did not take a vote. It was an interesting discussion and shows the mindset of these child-like representatives who are trying to keep their job and have sinful pride. Some of the representatives ask great questions and make good points. You can watch the video here.

https://iga.in.gov/legislative/2023/bills/house/1297

 

[pipeline]

Cannabis Cases Can All Be Dismissed by a Jury, If the Jury Agrees on a Cannabis Nullification Decision

For centuries, jury nullification has been a way of protecting and defending the people from unjust laws. In an attempt to keep power away from an...

cannabis.net

Cannabis Cases Can All Be Dismissed by a Jury, If the Jury Agrees on a Cannabis Nullification Decision​

How cannabis legalization is impacting jury nullification​

Posted by:
BehindTheWaves on Monday Jul 11, 2022

---

The Impact of Cannabis Legalization on Jury Nullification
For centuries, jury nullification has been a way of protecting and defending the people from unjust laws. In an attempt to keep power away from an oppressive government and the people, jury nullification enables citizens (particularly a jury) to veto a guilty verdict even while evidence suggests otherwise.
Jury nullification began in the 17th century as a charge for freedom of religion and, since then, has bestowed onto American citizens the power to dismiss laws they feel are oppressive. Jury nullification has facilitated drastic changes in American society. It helped to end the Salem Witch Trials, ended alcohol prohibition, limited capital punishment, helped protect individuals helping enslaved people escape, and gave way for union rights.
Invalidating Cannabis Charges in Court
Even though many people disagree with cannabis laws in their states, many are foreign to the power they possess to rectify them.
Many jurors are ignorant of the ability to invalidate a case because judges are not compelled to provide any information about it (in many situations, they instruct the jury to focus on ruling based on the facts of the case rather than the justice of the law). Unfortunately, this gives the impression that citizens have no control over the laws, while in reality, they do.

Famous examples of Jury Nullifications in Cannabis Cases
In the early 2000s, Ed Rosenthal, a horticulturist, author, and columnist at the High Times, was caught cultivating cannabis in Oregon. Three federal felonies connected to marijuana growing and distribution were found to be committed by Ed Rosenthal. The jury acquitted Rosenthal on the counts involving the Harm Reduction Center, a medicinal marijuana dispensary in San Francisco. It reached a stalemate on the conspiracy allegation, which the prosecution later dropped.
Some jurors changed their minds after learning about the nullification option and the fact that the city of Oakland had sanctioned him to grow the substance; as a result, the 9th Circuit Appeals Court overturned the conviction. The foundation of this conviction can be attributed to jury selection. The majority of the jurors had prerequisite knowledge of medical marijuana. Once they discovered the court had intentionally failed to mention any reference to medical marijuana, not to mention the judge's insistence on refusing a defense attorney the permission to defend medical cannabis.
Another famous case where the jury successfully nullified cannabis charges occurred in 2012. Doug Darell, 59-year-old New Hampshire Rastafarian, was arrested for cultivating cannabis for religious and therapeutic purposes on a plot behind his home.
The Laconia Daily Sun reported that the jurors at Darrell's trial were fully aware of their ability to overturn the verdict. Judge James O'Neill had read the explained the nullification law to the jury at the advice of defense attorney Mark Sisti. He stressed that even if the jury finds that the State has established every element of the crime charged beyond a reasonable doubt, they could still rule the defendant not guilty if you have a conscious belief that a not guilty judgment would be fair.
Thanks to this, the jury, headed by Free State Project's Cathleen Converse, the well-versed jury, chose to judge the defendant not guilty.
Balancing the scale
One important way the people of America preserve their freedom is the jury's power to throw out a judicial decision. But many people are unaware of how strong the American people are because it is rarely (or never) acknowledged. In order to strengthen just laws and repeal unfair ones, it is crucial to regain that power. It is more or less as though the judicial system homes all the power in this struggle for cannabis legalization and equality in all areas. The power of jury nullification helps the masses take back some of the power as well as balance the scale.
Jury nullifications date back to our founding fathers, who put protections in place to safeguard us from a government as oppressive as the one they had fled. This extends much beyond our right to keep and bear arms, which encompasses the freedom of speech and the right to demonstrate (albeit medical marijuana cardholders are not included in this discussion). In fact, we hold the power; nevertheless, it is up to us to know what that power entails and what we can use it to achieve.
Promoting Jury Nullifications
Do you know you can help spread the word on jury nullification? You can also do more to petition for changes in unjust cannabis laws at the federal level and in some states that are yet to adopt cannabis decriminalization.
A few tips you need to make a difference include:
–Get to know all you can about all aspects of the cannabis sector, including laws, politics, and health. This would assist you in determining where you really stand. Note that there is a lot of conflicting information out there, so it can be difficult to understand what is and is not accurate.
–Ensure you check all information against reliable sources to make sure you can tell facts from fiction. Understanding the rationale behind the source's position is important because many "trusted" people can still hold outdated opinions about cannabis, especially if doing so improves their bank accounts.
–Consider being involved in a cannabis community to discuss what you've learned. Also, discuss what you've learnt with your coworkers, family, and friends. Even if a stranger is keen on learning, put them through.
The best way to ensure jurors know about the right to annul or nullify cannabis-related cases is for everyone to spread the word.
Bottom Line
Have you considered becoming a juror yourself? If you're legally qualified to be one, then do it. Although you may not be delegating on cannabis cases, it puts you in proximity with those who would. You'd have a solid opportunity to see how the justice system works firsthand and be a part of it. If you're fortunate enough to be on a cannabis case, you can tell other jurors about nullification, leading to reform in your locality and state.
If jury qualifications become a trend in the United States, the federal government may have no choice but to satisfy the wishes of the masses by legalizing cannabis nationwide.

 

[armedoldhippy]

Hoping for the best man. We need to legalize ALL drugs to get things back on track

i agree. but it's not gonna happen with all drugs at once. society doesn't do anything all at once. nothing...

 

[pipeline]

Thats a tougher pill for people to swollow, although I agree the drug prohibition laws do nothing but cause harm. Anyone who want to do a particular drug will find a way.

The effect of reformed cannabis laws has already had plenty of testing. Everything is well known on that front, the politicians are choosing to go the other way from their citizens for a variety of reasons. They want to keep their job, so they act stupid I guess is how it goes. Only worked for so long, we can read between the lines at this point in time. We can see who's cards they are playing with.

Valuable lessons from the failure of alcohol prohibition went right over their head?

This is a life-giving medicine, and they choose to NOT have compassion for some reason.

 

[pipeline]

Its so strange how Indiana state rep. Mike Braun in the House Legelature of the Federal government points the finger at the states and says, this is going to be left up to the states to decide, its a states rights issue, but Indiana Gov. Holcomb as well as other state representatives, say we can't do anything about this issue until its changed at the federal level in the Controlled Substances act.

They think we are stupid, looks like its not us who is stupid here. The citizens are intelligent and can see right through this mindless manipulation. We are being played. Taxation without representation. They're distracting us from the other more important issues facing society such as fiscal and foreign policy. Are they trying to push the citizens to revolt with violence, so the government can expand its power and silence its opponents?

Cannabis Must Be Removed from the Controlled Substances Act to Resolve State/Federal Conflicts

Descheduling cannabis removes the threat of undue federal intrusion in existing state marijuana programs and respects America’s longstanding federalist principles allowing states to serve as “laboratories of Democracy."

norml.org

NORML Op-Ed: Cannabis Must Be Removed from the Controlled Substances Act to Resolve State/Federal Conflicts​

• by Paul Armentano, NORML Deputy Director
• Posted on June 23, 2023

Since California legalized the use of cannabis for medical purposes in 1996, there has existed a growing chasm between state-level marijuana policies and federal law.
Today, the majority of states and the District of Columbia authorize the state-licensed production and sale of cannabis to qualifying patients. Twenty-three of these states also regulate the possession and use of marijuana by adults.

Nonetheless, under the U.S. Controlled Substances Act of 1970, the cannabis plant is classified as a prohibited controlled substance. The CSA exists to establish a unified legal framework in all 50 states for the regulation of certain substances deemed by federal agencies to pose varying degrees of abuse potential. For decades, the US Drug Enforcement Administration has been designated as the agency responsible for implementing and enforcing the CSA while the US Food and Drug Administration is designated with determining substances’ medical efficacy.
Since Congress’ enactment of the CSA, marijuana has been placed in the classification of Schedule I — the most restrictive category available under the law.
By definition, substances in this category must meet three specific inclusion criteria:

1. The substance must possess “a high potential for abuse;”
2. It must have “no currently accepted medical use” in the United States; and,
3. The substance must lack “accepted safety for use … under medical supervision.”

Substances that do not meet these criteria are categorized in less restrictive federal classifications (Schedules II through V). Historically, these categories have been reserved for prescription medications that possess FDA market approval. That is why substances placed in these lower classifications are only legally available from licensed pharmacies and they are uniformly regulated by federal laws and agencies.
Alcohol and tobacco, two substances acknowledged to possess far greater dangers to health than cannabis, have never been classified under the Controlled Substances Act. (Over the counter cold medicines generally are not either. Neither are dietary supplements.) This is why state governments possess greater flexibility to regulate the production and sale of these products. With respect to alcoholic beverages, for instance, states are the primary decision-makers regarding who sells these products (e.g., state-run stores versus privately licenses businesses), where they may be sold (e.g., supermarkets versus pharmacies versus ‘package stores,’ etc.), and what types of products are and are not permissible (e.g., for decades, certain states limited the sale in certain markets of beer above a certain percentage). By contrast, states possess no such flexibility when it comes to regulating scheduled prescription substances like oxycodone, diazepam (Valium), or carisoprodol (Soma).
Since 1972, the DEA has reviewed and ruled upon four separate petitions seeking to either deschedule or reschedule marijuana. The last time they did so was in 2016. In every instance, the agency – which has the final say on such matters — has decided to keep the cannabis plant classified as a Schedule I controlled substance. On one occasion, the agency even overruled a decision from its own Administrative Law Judge to do so.
In recent months, there have been growing discussions regarding when the agency may once again rule on the matter of cannabis’ scheduling and what they will recommend. Some have suggested that the agency may call for the rescheduling of marijuana to a lower classification (e.g., Schedule III) and have opined that doing so would address many of the existing conflicts stemming from federal prohibition.
Such optimism is likely misplaced.

Specifically, reclassifying cannabis to a lower schedule within the CSA continues to misrepresent the plant’s safety relative to other controlled substances such as cocaine and methamphetamine (Schedule II), anabolic steroids (Schedule III), benzodiazepines (Schedule IV), or alcohol (unscheduled). But more importantly, rescheduling marijuana fails to provide states with the explicit legal authority to regulate it within their borders free from federal interference.
Simply put, federally rescheduling cannabis does nothing to address the growing and untenable divide between state and federal cannabis laws. Following rescheduling, state laws authorizing citizens to possess cannabis for either medical or social purposes would continue be in violation of the federal law, as would be the thousands of state-licensed operators who currently serve these markets. And the DEA would still possess the same authority it has now to crack down on these state-regulated markets should it elect to do so.
Some have suggested that rescheduling the cannabis plant may provide greater opportunities for investigators to conduct clinical research, but this result is also unlikely. That is because many of the existing hurdles to clinical cannabis research, such as the limits placed upon scientists’ access to source materials, are marijuana-specific regulations and predate cannabis’ Schedule I classification. Other impediments, such as requiring the US Attorney General to approve marijuana-specific research protocols are statutory and are not specific to marijuana’s scheduling in the CSA.
For these reasons, I believe that the only productive outcome of the current scheduling review would be a recommendation to deschedule cannabis – thereby removing it from the Controlled Substances Act altogether and providing states with greater discretion to establish their own distinct marijuana policies. (A case in point: In 2018 Congress removed from the CSA hemp plants containing no more than 0.3 percent THC, as well as certain cannabinoids derived from them.) Making this change would remove the threat of undue federal intrusion in existing state marijuana programs and would respect America’s longstanding federalist principles allowing states to serve as “laboratories of Democracy.” By contrast, rescheduling simply perpetuates the existing contradictions between state and federal cannabis laws, and it fails to provide any necessary legal recognition in the eyes of the federal government to either the state-licensed cannabis industry or those adults who use the plant responsibly in compliance with state laws.

 

[sublingual]

Yeah, they think they are real smart, those sneaky officials. Arrogant is how I view them.
185 years ago William O'Shaunessy validated Cannabis use on the Indian subcontinent both medically and recreationally (fatigue relief). You have to realize people stick their heads in the sand and refuse to understand the truth. It happens all the time. I don't have much hope for Indiana Cannabis adoption. I got out of that place a half century ago and haven't looked back.

 

[pipeline]

Thanks for the insight. Glad you were able to move. For most people moving out of state is a big deal. It would move you away from friends and family, aquaintences in the local community, and would force most folks to have to find new employment. Even if you own your own business and do contractor work, all your customer contacts are lost and you have to start your business over in a new area, its just not worth is. Cannabis causes much less harm.

 

[sublingual]

Off course, I understand. I should clarify those who stick their head in the sand are the voters who seem to be able to be herded as sheep.

 

[daleharris]

I’m not holding my breath but let’s hope so. My company just last year, and we have over 5K on the payroll, finally gave up since they couldn’t find and hire and keep employees and this was a big reason. No more random testing. If they have a problem with someone they think is drunk or high it takes a few managers to agree to test them which I’m fine with. Come to work in a potentially hazardous environment drunk or high you SHOULD be fired.
The legislation may decriminalize but it will be a years long battle but I’m still doing my thing in my tent.
The majority of companies simply don’t want to know unless you force their hand at work.

 

[sublingual]

Why do the majority of Republicans vote against their interests? Republican policies benefit only the top financial layer of society while some of the disadvantaged vote Republican. About half the American population votes Republican but of those, few benefit from their policies.
One method involves guilting the populous by saying if you vote for a Democrat you are supporting abortion almost like the voter would become an abortionist just by the way they voted. No, giving freedom to folks to do as they choose is not participating at all, it's just respecting their rights.
The price we pay for religious freedom is a secular society.

 

[daleharris]

Why do the majority of Republicans vote against their interests? Republican policies benefit only the top financial layer of society while some of the disadvantaged vote Republican. About half the American population votes Republican but of those, few benefit from their policies.
One method involves guilting the populous by saying if you vote for a Democrat you are supporting abortion almost like the voter would become an abortionist just by the way they voted. No, giving freedom to folks to do as they choose is not participating at all, it's just respecting their rights.
The price we pay for religious freedom is a secular society.

As an independent I feel the exact same way but about democrats as well as republicans. Issues about taxes,government overreach,immigration and gun control are just a couple plus the recent bullshit about the tranny crap.

 

[tobedetermined]

I spent a couple of weeks at Sweetwater in Ft Wayne every year for a number of years and I was always surprised that you could get all of those Pro music industry people in one place and there was never any signs of drugs. Chuck had the place locked down. I understand that he freaked one year that I missed when he smelled mj in the air during Gearfest teardown. He would have banned the perpetrator and probably dumped his product line. A very strange place and still in high prohibition mode.

 

[armedoldhippy]

As an independent I feel the exact same way but about democrats as well as republicans. Issues about taxes,government overreach,immigration and gun control are just a couple plus the recent bullshit about the tranny crap.

both parties overreach, and it pisses me off so bad that i can't see. they get a 3 or 4 vote majority and pretend it is a fucking mandate, they can do whatever their most rabid backers desire. the GOP goes after womens rights (they don't think they HAVE any) gays etc because the religious horses-asses don't like it. the Democrats go after guns because their wingnuts think that guns crawl out of closets & go out shooting folks out of boredom. the vast majority of people are fine with women making their own decisions with their doctors, and most folks know that guns don't kill people without humans pulling the trigger. i have more sympathy for those who don't like guns, it becomes more apparent daily that there are a LOT of folks that should not be allowed to own them. sorry, but this is JMHO... if gun owners do not get proactive about exposing morons/criminals, and not selling to them, the voters will eventually back gutting the 2nd amendment. count on it!

 

[daleharris]

I do not know what sweetwater is ?? I have been to many public venues for shows since the 70’s from cities on the Ohio river to Indy and more and even back then so long as people were not in your face about it the cops have better things to worry about than the smell of weed at a event and no one got shot by a drive by. This state is NOT Cali or Illinois or Michigan and it has many good things going for it. But I tell you what on a daily basis I know more people who loathe and detest the Bible thumpers as much as the left who constantly push the social justice bullshit. If you want to keep it about this issue and leave the rest at the door it’s got a better chance of moving forward. I won’t vote for anyone who opposes marijuana and I sure as fuck won’t vote for anyone promoting the buttwiper agenda or not prosecuting real criminals. Man how long has it been since george floyd started holding his breath?? Or committed a crime ? Same amount I’m guessing.

 

[sublingual]

The question is: what can be done?
Education of the issue is key. I believe the internet enabled the truth to be spread about what Cannabis is about and and folks were exposed to the truth instead of the prohibitionist lies.
We need to educate folks about the tactics politicians use. Often, they will frame the issue as one of bad outcomes either way: "the horns of a dilemma." In reality, probably many solutions suggest themselves to deal with the problem. Don't let them create false narratives.
In America, which is a republic, people power has lost its way. Its supposed to be a government of, by, for the people. So, reading that 80% of Hoosiers want decriminalization, and its not happening, how is the state a democracy?

 

[pipeline]

Thats true, we need culture to change and be outgoing enough to educate one another, on the issue. In my honest opinion, the fault always falls to the people because we hold the true power. We are getting no response from the representation because the majority of the citizen constituants fail to communicate their thoughts with legislators. Most people just keep to themself and feel like its not worth the trouble, and it can be understandable because the representation hasn't been responsive in the past. Most people are busy enjoying their lives and don't care enough to help others see see something needs to be done.

God gives us the government we deserve. Its just part of the grand design. If the people want it, it will get done, look at what has happened in all the other states.

Who knows maybe everyone is busy staying in contact with their representatives and being outspoken about the injustice of cannabis prohibition like me. Or perhaps not.

 

[daleharris]

The question is: what can be done?
Education of the issue is key. I believe the internet enabled the truth to be spread about what Cannabis is about and and folks were exposed to the truth instead of the prohibitionist lies.
We need to educate folks about the tactics politicians use. Often, they will frame the issue as one of bad outcomes either way: "the horns of a dilemma." In reality, probably many solutions suggest themselves to deal with the problem. Don't let them create false narratives.
In America, which is a republic, people power has lost its way. Its supposed to be a government of, by, for the people. So, reading that 80% of Hoosiers want decriminalization, and its not happening, how is the state a democracy?

Word salad. What is your point?? And what does it have to do with legislation in this state for cannabis ??

 

[pipeline]

Its all good, we're kind of venting in this thread. Trying to figure out where we've been and where we are going.

How patient do they want us to be? 2030, seems like a likely year. Once they get all the world government controls in place and monetary policy has completely changed, the people will be discontent and then they will legalize it. Seems like the obvious time table. Politicians have to use it to their advantage.