Sen. Tallian files IN Senate Bill 580 re marijuana decriminalization

Indiana State Senate 2013 Legislative Session

BILL NUMBER: SB 580

SUBJECT: Marijuana.

AUTHOR: Sen. Tallian

Summary of Legislation: This bill has the following provisions:

A. It provides that operating a vehicle with an inactive metabolite of marijuana, hashish, or hash oil in one’s body does not violate the impaired driving laws.

B. It authorizes the licensed cultivation and production of industrial hemp in accordance with rules adopted by the department of agriculture.

C. Possession Offenses – It makes possession of less than two ounces of marijuana a Class C infraction.  It makes possession of more than two ounces of marijuana a Class B misdemeanor, and makes the offense a Class A misdemeanor if the person has two or more prior convictions involving marijuana in the past five years. It requires a court to suspend a sentence imposed for possession of marijuana if the person does not have a previous conviction involving marijuana in the past five years, and requires a court to defer a sentence if the person pleads guilty to misdemeanor possession of marijuana.

D. Dealing Offenses – It makes the sale or delivery of more than two
ounces of marijuana a Class A misdemeanor, and makes the offense a Class D or Class C felony under certain circumstances. It provides a defense if a person who delivers under ten pounds of marijuana does so for no consideration. It makes the public use or display of marijuana a Class B misdemeanor, and makes the
offense a Class A misdemeanor if the person has two or more prior convictions for an offense involving marijuana in the past five years. It reduces the penalty for maintaining a common nuisance to a Class A misdemeanor if the only unlawful controlled substances involved were marijuana, hashish, or hash oil. It allows certain persons convicted of dealing in marijuana as a misdemeanor to participate in a forensic diversion program.

E. It repeals the controlled substance excise tax. It also makes conforming amendments.