Marijuana Law Reform? "I don't think so," says stuffed-shirt city council attorney
Recreational marijuana usage, a privilege that Denver citizens have voted to obtain, may be out of reach for Bloomington residents.
Last November, Denver’s city council enacted the Alcohol-Marijuana Equalization Initiative. This revision to city municipal code, which was ratified by a vote of 54%, effectively decriminalized the possession of less than an ounce of marijuana by an individual age 21 or older.
The initiative, pioneered by Safer Alternatives for Enjoyable Recreation (SAFER), reflects the viewpoint that marijuana prohibition encourages the usage of alcohol. The organization contends that “Denver citizens are fed up with a system that punishes them for choosing to use a safer substance.”
But enacting such an initiative in Bloomington would be significantly more difficult. Indiana state code dictates that “the power to prescribe a penalty for conduct constituting a crime or infraction under statute” is one of the powers “specifically withheld” from the scope of a local government’s authority.
“Basically, the Indiana code precludes our ability to have any ruling on the issue,” said Bloomington city council administrator and attorney Dan Sherman.
Indiana state law decrees that possession of less than 30 grams, or roughly an ounce, of marijuana is punishable by a fine up to $5,000 and incarceration up to one year. This creates a much stricter environment for marijuana users than Colorado, which considers possession of an ounce or less to be a petty offense punishable by a fine of $100.
“Under home rule, we’re not allowed to regulate marijuana law,” said Sherman.
However, according to Beth Soloe, the Executive Director at Indiana’s Chapter of the National Organization for the Reform of Marijuana Laws (INORML), Bloomington has the “right atmosphere” to propose such an initiative.
Soloe, who has worked with Indiana University’s branch of the Citizen’s Alliance for the Legalization of Marijuana (CALM), says that the marijuana law reform issue has an impressive amount of student support at IU. And she says that the Bloomington city council would be forced to act on a marijuana decriminalization initiative-if an organization took the appropriate steps and brought it before the council.
“In a place like Denver, it’s easier to get the required amount of signatures needed to propose an initiative like that,” said Soloe. “It’s much harder in Indiana.”
Soloe has had past experience presenting not only decriminalization but also medicinal marijuana initiatives before state and local legislative bodies, with little success.
“More officials than you’d think support medicinal marijuana,” said Soloe. “But no one wants to be the one to support it.”
Still, Soloe maintains that her efforts are not wasted and that Bloomington could be the right place for marijuana law reform supporters to get a foothold in Indiana.
“Anything is possible at a place like IU,” said Soloe.
Last November, Denver’s city council enacted the Alcohol-Marijuana Equalization Initiative. This revision to city municipal code, which was ratified by a vote of 54%, effectively decriminalized the possession of less than an ounce of marijuana by an individual age 21 or older.
The initiative, pioneered by Safer Alternatives for Enjoyable Recreation (SAFER), reflects the viewpoint that marijuana prohibition encourages the usage of alcohol. The organization contends that “Denver citizens are fed up with a system that punishes them for choosing to use a safer substance.”
But enacting such an initiative in Bloomington would be significantly more difficult. Indiana state code dictates that “the power to prescribe a penalty for conduct constituting a crime or infraction under statute” is one of the powers “specifically withheld” from the scope of a local government’s authority.
“Basically, the Indiana code precludes our ability to have any ruling on the issue,” said Bloomington city council administrator and attorney Dan Sherman.
Indiana state law decrees that possession of less than 30 grams, or roughly an ounce, of marijuana is punishable by a fine up to $5,000 and incarceration up to one year. This creates a much stricter environment for marijuana users than Colorado, which considers possession of an ounce or less to be a petty offense punishable by a fine of $100.
“Under home rule, we’re not allowed to regulate marijuana law,” said Sherman.
However, according to Beth Soloe, the Executive Director at Indiana’s Chapter of the National Organization for the Reform of Marijuana Laws (INORML), Bloomington has the “right atmosphere” to propose such an initiative.
Soloe, who has worked with Indiana University’s branch of the Citizen’s Alliance for the Legalization of Marijuana (CALM), says that the marijuana law reform issue has an impressive amount of student support at IU. And she says that the Bloomington city council would be forced to act on a marijuana decriminalization initiative-if an organization took the appropriate steps and brought it before the council.
“In a place like Denver, it’s easier to get the required amount of signatures needed to propose an initiative like that,” said Soloe. “It’s much harder in Indiana.”
Soloe has had past experience presenting not only decriminalization but also medicinal marijuana initiatives before state and local legislative bodies, with little success.
“More officials than you’d think support medicinal marijuana,” said Soloe. “But no one wants to be the one to support it.”
Still, Soloe maintains that her efforts are not wasted and that Bloomington could be the right place for marijuana law reform supporters to get a foothold in Indiana.
“Anything is possible at a place like IU,” said Soloe.