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Marijuana & Hemp: New Opportunity in Indiana?

It seems inevitable now that marijuana will soon become legal across all of the United States. Utah recently became the 21st state to legalize marijuana for medical purposes. Other states, where medical marijuana is already permissible, are expanding the availability of the drug, whether for more medicinal uses as in Maryland, or for recreational use as in Washington state and Colorado. Even the more conservative midwestern and Bible Belt states are considering legalization; Georgia, Mississippi, Tennessee, and Missouri all contemplated laws this past year, and Florida, Kentucky, Ohio and others are set to vote on medical marijuana this November. Further, while marijuana is still classified as an illegal drug at the Federal level, President Obama and Attorney General Eric Holder have promised not to enforce that law, but rather to leave it up to the states.

Indiana may seem behind the curve, but it is catching up quickly and setting itself up to take advantage of all of this newly increased demand for marijuana, and hemp products, established by the reformed laws. While Indiana has not yet considered putting legalized consumption of marijuana to a vote, bills were passed earlier this year which would ease the criminal penalties for possession and legalize production of the plant.

Why Does It Seem So Lonely In This Jail?

If Senate Bill 314 passes this year, then Indiana jails will become less crowded. The proposed legislation would reclassify possession of marijuana in the state as an infraction akin to minor a traffic violation rather than a misdemeanor crime. Rather than accrue a criminal record and be put in jail, violators possessing under two ounces would now pay a civil fine.

Currently, Indiana has some of the harshest marijuana penalties, with possession of even one joint being punishable by up to 1 year in jail and a $5000 fine. The new law would considerably reduce the number of people in Indiana prisons, as over 13,000 people were arrested for marijuana in the state in 2011. Valuable law enforcement resources could be put to better use; also in 2011, 62% of homicides and 70% of robberies in the state went unsolved, according to state and federal authorities.

Hemp: The New Corn

JC Franco, director of the group Reform Indiana, says state farmers can capitalize on converting their fields from corn to hemp. Hemp is the name of strains of the marijuana plant that are too low in THC for users to get “high,” but that have valuable other commercial uses in the seed, oil, and fiber industries. According to Franco:

This new legislation will allow a certain number of farmers to apply for permits to convert their corn farms into industrial hemp operations.  Indiana is the perfect place for growing, processing and manufacturing hemp related products.  By taking this bold move, Indiana could see a large boom in jobs as outside groups rush to get in on the ground floor of the hemp industry.

Local and state government will regulate the hemp manufacturing industry of course, and permits will be required. There will also be periods of flux in which the new production and possession laws have been passed but not yet enacted; the precise state of the law and actions of officials may be disputed.

Professional legal counsel may be beneficial for farmers and businesses wishing to capitalize on hemp and cannabis production and for anyone facing criminal charges for alleged illegal activity related to production or possession of these products. Indiana criminal and civil attorney Chris Arrington can assist you in dealing with authorities in these matters.



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