What only bill that survived session says
6 min read
The 2021 legislative term began with legislators on both sides of the aisle Filing nearly a dozen bills to change the way marijuana works is being treated in the state of Indiana.
Medical marijuana bills. Decriminalization bills. Full legalization invoices.
But when the smoke clears and the session nears, only one of those bills will reach Governor Eric Holcomb’s desk.
The rest were reduced to ashes.
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This is not a new thing for Indiana. in the 2020 and 2019About a dozen legalization, decriminalization, or regulation bills have been introduced. None of them received a hearing from the committee.
Here’s what the surviving bill says, and a look at the bills that will have to be tried again next year.
The marijuana bill that made it
Senate Law 201 – Written by Senator Michael Young (R)
What it says: Provides a defense against law enforcement for a person who, under certain conditions, operates a vehicle with marijuana or its metabolite in the person’s blood.
The defense is applicable if the person was not intoxicated at the time of operation, did not cause a traffic accident and the substance was identified by a chemical test.
How it got here: Largely intact. After the bill was initially referred to the Corrections and Criminal Justice Committee, Senator Karen Tallian, D-Portage, and Senator Mike Bohacek, R-Michiana Shores, were won as co-authors and sent through the Senate without amendment.
In the house, the bill was sponsored by Rep. John Young, R-Franklin; Rep. Jim Lucas, R-Seymour; Rep. Cindy Ledbetter, R-Boonville; Rep. Heath VanNatter, R-Kokomo.
The bill successfully went through the House and returned to the Senate with no changes on Wednesday. The inscribed act is now waiting for Holcomb’s signature.
The marijuana bill that almost made it
House Bill 1028 – Written by Rep. Jim Lucas (R)
What it says now: Provides a defense against law enforcement for a person who, under certain conditions, operates a vehicle with marijuana or its metabolite in the person’s blood.
What it said earlier: Before House Bill 1028 was changed to something that mimicked the language of Senate Act 201, it focused on actual decriminalization.
The bill introduced said that possession of 30 grams or less of marijuana or five grams or less of hash oil would result in a Class D violation. The bill wanted to make possession of utensils used for consumption a class D violation.
The original bill stipulated a per se poisoning level of 10 nanograms of THC per milliliter of whole blood for the operation taking into account poisoning laws, and the analysis of controlled substances in a person’s blood required only the controlled substance and not the metabolites of the controlled substance.
How far did it go: The bill was sent to the Committee on Courts and the Criminal Code, where it received a hearing on February 16 and was amended to its current form. Rep. Steve Bartels, R-Eckerty; Rep. Chris Campbell, D-Lafayette; and Rep. Shane Lindauer, R-Jasper, were added as co-authors when the new bill successfully got through the House.
Senator Michael Young, R-Indianapolis, sponsored the legislation when she moved to the Senate and was referred to the Committee on Corrections and Criminal Justice on February 24th.
This is where the bill’s journey ended. It did not get a hearing after moving to the Senate.
The marijuana bills that didn’t make it all
What it said: Decriminalizes possession of two ounces or less of marijuana.
Where it ended: Forwarded to the Committee on Courts and the Criminal Code, where it was not heard.
Senate Law 104 – Written by Senator Greg Taylor (D)
What it said: Allows individuals with a valid medical marijuana card from another state to own marijuana and paraphernalia. Also applies to those who have an incurable disease or a serious untreatable disease who, according to the professional written opinion of a doctor, benefit from treatment with marijuana.
Where it ended: Forwarded to Corrections and Criminal Justice Committee, where it received no hearing
Senate Law 87 – Written by Senator Karen Tallian (D)
What it said: Established the Cannabis Compliance Commission to regulate all forms of legal cannabis in Indiana, including industrial hemp and low-THC hemp extract.
Where it ended: Referred to the Committee on Commerce and Technology, where it has not received a hearing.
Senate Act 321 – Written by Sen. David Niezgodski (D)
What it said: Established a five-year medical cannabis pilot program administered by the Indiana State Department of Health. The bill reduces the penalty for possession of marijuana, hashish, hashish oil and sage to a class C offense for a first offense, a class C offense for a second or subsequent offense, and a class A offense for a second or subsequent offense when the person owns more than a certain amount.
The law also states that a person’s parole cannot be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana.
Where it ended: Forwarded to Corrections and Criminal Justice Committee, where it received no hearing.
House Bill 1026 – Written by Rep. Jim Lucas (R)
What it said: Allows the use of medical marijuana by those with serious medical conditions as determined by their doctor. Established medical marijuana program under the direction of the Indiana State Department of Health. The bill requires that medical marijuana and medical marijuana products be properly labeled, packaged in child-resistant packaging, and that packaging that is not suitable for children is used.
The law also prohibits law enforcement officers from harassing medical marijuana users and working with federal law enforcement officers to enforce federal laws that criminalize the use of Indiana-approved marijuana.
Where it ended: Referred to the Public Health Committee where it has not received a hearing.
House Bill 1214 – Drafted by Rep. Sue Errington (D) co-authored by Rep. John Bartlett (D)
What it said: Establishes a medical marijuana program and allows caregivers or patients who have received a doctor’s recommendation to have a certain amount of marijuana. Establish a regulator to oversee the program and set up an advisory committee for the regulator to review the effectiveness of the program and take into account recommendations from the regulator.
Where it ended: Referred to the Public Health Committee where it has not received a hearing.
What it said: Established a medical cannabis program under the Indiana State Department of Health.
The law reduces penalties for possession of marijuana, hashish, hashish oil, and salvia to the same level, and states that a person’s parole cannot be revoked on the sole basis that the person tested positive for marijuana or a metabolite of marijuana .
Where is it: Referred to the Public Health Committee where it has not received a hearing.
Senate Act 223 – Written by Senator Karen Tallian (D)
What it said: Make it so that anyone who owns more than two ounces of marijuana commits the offense of possession of marijuana. Current Indiana law says the offense applies to loads of marijuana. The bill also repeals the offense of possession of marijuana, hashish oil, hashish, or salvia as a level 6 crime.
Where it ended: Forwarded to Corrections and Criminal Justice Committee, where it received no hearing.
House Bill 1154 – Written by Rep. Vanessa Summers (D)
What it said: Legalize possession and use of cannabis with the establishment of the Cannabis Regulatory Agency to regulate cannabis in the state. The bill also makes the use or possession of anyone under the age of 21 and consumption of cannabis in a public place a Class B offense; and allows a person convicted of a cannabis crime prior to July 1, 2021 to file a request for a change in sentence.
Where it ended: Forwarded to the Committee on Courts and the Criminal Code, where it was not heard.
Call IndyStar reporter Justin L. Mack at 317-444-6138. Follow him on Twitter: @justinlmack.
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