Effective Sept. 30, the prosecuting attorney in Marion County, Ryan Mears, says he will no longer prosecute people caught with less than an ounce of marijuana. This is the first step an Indiana state official has made to partially decriminalize marijuana.
However, according to the released statement from Mears, the situations under which he would or would not prosecute are circumstantial. The person of interest will not be prosecuted if they are over 18 years old and have no firearms at the time of offense. Also, if the possession is under 30 ounces, but there are other offenses, the remaining charges can be prosecuted.
There are further considerations. The new policy will not apply if it is considered a threat to public safety, i.e., driving under the influence of marijuana, trafficking, growing, or public consumption.
If you are caught with over an ounce, it is classified as a dealing charge. For reference, an ounce is about the size and weight of a donut.
Mears said this decision comes from wanting to focus on more violent crimes.
However, Marion county is the only one in Indiana to take this stance. Monroe County Prosecutor, Erika Oliphant said in a statement that she,
“cannot legally or ethically proclaim a blanket refusal to prosecute possession of marijuana cases because that is, in essence, passing legislation.” Oliphant says she believes legislative action is necessary to change the criminal code.
