In a move that formalized a recent prosecutorial trend, Interim Prosecutor Ryan Mears announced that possession of less than 1 oz. of marijuana will no longer result in a misdemeanor charge. Police may still arrest anyone found with marijuana, but Marion County will dismiss cases against anyone who possesses the drug for personal use, freeing up resources needed for more serious cases.
Will This Lead to Legalization?
Proponents of decriminalization hope this move will be the first in a statewide effort to allow personal use of the drug, but the state legislature has shown no interest in passing bills introduced to further that purpose. This means that, for the time being, marijuana possession and use is still illegal in Indiana.
Keeping Communities Safe with Reasonable Marijuana Guidelines
Interim Prosecutor Mears’ announcement does not give Marion County residents carte blanche to use marijuana however they want. The move is aimed at those who want to use the drug in the privacy of their own home. The 1 oz. rule matches guidelines in states that have legalized the drug and helps law enforcement distinguish the dealers from the users.
For those who enjoy marijuana, safe use is a must—anyone caught using the drug in public or driving while under the influence can and will still be charged with a crime. Prosecutor policy has no actual effect on Indiana law and could be overturned by future officeholders. But for now, if you live in Marion County, simple possession of 1 oz. or less won’t put a criminal charge on your record.
Aggressive Defense Against Drug Crime Charges
Marijuana is still illegal throughout the state of Indiana, and possession of any amount of the drug may result in a misdemeanor charge if you’re arrested by law enforcement in any other county. Arguments that you think a drug is harmless, or even helpful, won’t hold up in court. If you are brought in on drug charges, you need an experienced and tough lawyer to represent you.
Our team at Massillamany Jeter & Carson LLP is experienced in fighting against Indiana’s notoriously harsh penalties for drug crimes. We dedicate ourselves to each case, fighting relentlessly in court against misdemeanor and felony charges that will stay on your permanent record. Though Marion County is showing some sensible lenience, there’s no telling how long Indianans will have to wait for the full decriminalization of marijuana. Until that day comes, we are here to help if you’re brought in on drug charges.
Questions about your drug case? Contact us online or call (317) 434-1490 for a free and confidential consultation with our team.