From his home in South Bend, Mike Schmuhl, president of the Indiana Democratic Party, lives just ten miles from Michigan, which legalized recreational marijuana in 2018.
Indiana remains a resilient one although neighboring states are pursuing cannabis reform, which prompted Schmuhl to push for full legalization at the next 2022 session.
“I think you look at all the states around us and are moving forward on this issue in one way or another,” Schmuhl said. “Kentucky is right now debating medicinal use in its state, and so if all of that came together, Indiana would really be an island in itself.”
Thirty-six states have legalized marijuana use for those with qualified medical conditions, including neighboring Ohio Ohio, placing Hoosier State in the minority of states that do not allow marijuana even for medical conditions. .
Two of Indiana’s neighbors, Illinois and Michigan, have legalized marijuana for adult recreational use along with 16 other states. A Southern Michigan dispensary recently told a FOX59 reporter that approximately 60% of its customers came from Indiana, prompting Sen. Greg Taylor to call for a marijuana reform at home.
“I know we need to take small steps,” Taylor, D-Indianapolis, told business leaders at the Indiana House legislative preview Monday. “I would give taxpayers money … and I’d rather be proactive than reactive.”
Taylor, along with other Senate Democrats, called marijuana reform one of her priorities for the 2022 session.
But Republican leader Sen. Mark Messmer of Jasper said progress on the issue seemed unlikely as long as the federal government continues to classify marijuana as a Schedule 1 drug, which bans federally backed banks from receiving deposits. of marijuana distributors.
“It’s an issue that polls well with the public, but there are still conflicting federal statutes that make it a little difficult to present,” Messmer said. “I know other states have tried ways to fix it, but … I don’t know if we’re ready to make that commitment.”
In 2017, Indiana passed a law that allows low levels of CBD and THC oil to treat certain medical conditions, such as epilepsy. At the 2021 session, lawmakers passed a law that allows Hoosier drivers who legally consume the drug across a state border not to be prosecuted if they have participated in an accident that is deemed not their fault.
But despite the support of Republicans like former Sen. Jim Merritt and Rep. Jim Lucas, no other marijuana bill received a hearing in 2021.
Daniel Orenstein, an assistant professor of law at Indiana University, said Indiana was left behind by other states because of Indiana’s conservative identity, but also because Indiana did not have an election initiative process. .
“Many states that have changed their cannabis laws … have done so through election initiatives,” Orenstein said. “(Electoral initiatives) allow state legislators to develop by having to demonstrate in support or opposition to legalizations and allow voters to do it themselves.”
Supporters see the benefits of marijuana reform
Democrats, in a published paper, identified three areas where they see benefits to cannabis legalization: economics, health, and criminal justice.
“I think we are losing in terms of economic benefits: income for our state, competition with other states, the opportunity to create jobs … the opportunity for a literal commercial crop for farmers,” he said. Schmuhl.
Some studies have shown that marijuana use can help those living with chronic pain or post-traumatic stress disorder (PTSD). Others have found that cannabis use reduced opioid use.
In Indiana, the ACLU found that Black Hoosiers were 3.5 times more likely to be arrested for marijuana possession than whites, despite similar usage rates.
Many states considering legalization have had to deal with this disparity and have made their legislation retroactive, eliminating marijuana possession records.
“This (disparity in application) is one of the worst aspects, I think, of cannabis history,” Orenstein said. “It’s been an incredibly uneven application and that’s a big part of why a lot of people focus on changing it and changing the laws to amend it.”
Because of his popularity among Hoosiers, Schmuhl said the party wanted to be at the forefront of the issue, pushing for cannabis reform. However, with Republicans having a super-majority in both houses, Schmuhl admitted that the chances are slim.
“We go straight to the people. There is no doubt that we are in the minority in the General Assembly, but we want to go directly to Hoosiers to talk about issues that affect their daily lives, “Schmuhl said.” I think right now this is the kind of thing where states they take the lead and then, over time, the federal government is likely to act. “
Orenstein hesitated to make predictions, but said that with popular and bipartisan support, there was probably movement at the federal level and lawmakers could take the time to consider how it should be in Hoosier State.
“I think this at the national level has gone beyond the point of no return and now we’re heading towards some kind of legalization and it’s time to start thinking about the best way to do it,” Orenstein said. “I’d like to see (some) attention on how to do it in a smart way, that protects public health and protects people while correcting our past mistakes.”
