SEVERE WX : Flood Warning View Alerts

Indiana Republicans aiming to force marijuana prosecutions

Republican legislators agitated with an Indianapolis prosecutor's refusal to press charges for possessing small amounts of marijuana are seeking to empower the state attorney general to appoint a special prosecutor to take over such cases.

Posted: Jan 28, 2020 3:34 PM

INDIANAPOLIS (AP) — Republican legislators agitated with an Indianapolis prosecutor's refusal to press charges for possessing small amounts of marijuana are seeking to empower the state attorney general to appoint a special prosecutor to take over such cases.

An Indiana Senate committee endorsed a bill Tuesday on a 6-3 vote that would let the attorney general’s office step in if a county prosecutor announced a policy of not enforcing a law or was found to have “categorically elected” to not do so.

The proposal comes after Democratic Marion County Prosecutor Ryan Mears announced in September that his office wouldn’t pursue charges against adults for possessing about 1 ounce or less of marijuana, saying the office would focus on prosecuting violent crimes. Since then, officials in northwestern Indiana’s Lake County started considering whether to give sheriff's deputies the discretion to write a $50 to $250 ticket for small levels of marijuana, instead of taking someone to jail.

Republican Sen. Michael Young, of Indianapolis, said his proposal wasn’t just about Mears’ action and pointed to decisions by prosecutors in Boston and San Francisco to not stop pressing charges in cases such as trespassing, disorderly conduct or prostitution.

“It’s because of the social justice prosecution phenomena that’s going on throughout the country,” Young said. “I wanted to try to head it off in Indiana.”

Republican Attorney General Curtis Hill and most GOP legislators are firmly against marijuana legalization as has happened in Michigan and Illinois. Parvonay Stover, the attorney general's government affairs director, told the committee the office believed prosecutors should make charging decisions on a case-by-case basis and respect the Legislature’s decisions on making something a crime.

The Indiana Prosecuting Attorneys Council argued the bill wrongly usurped the discretion that county prosecutors must have about how to use their staff and budgets on which cases to pursue.

David Powell, the council’s former executive director, said prosecutors must make tough decisions such as he did in filing three death penalty cases in his 20 years as a local prosecutor.

“I know of (prosecutors) that would never file the death penalty because they don’t believe in it,” Powell said. “So, should they be removed from office?”

The bill, which now goes to the full Senate for consideration, opens the door to “a political circus” and leaves questions about prosecutors quietly decide against charging some crimes, said Democratic Sen. Karen Tallian of Odgen Dunes, who has long advocated for marijuana legalization.

“I think one of the things this bill will do is to encourage prosecutors to do something and not make it transparent,” Tallian said.

Lafayette
Clear
37° wxIcon
Hi: 50° Lo: 25°
Feels Like: 32°
Kokomo
Clear
30° wxIcon
Hi: 45° Lo: 24°
Feels Like: 30°
Rensselaer
Clear
28° wxIcon
Hi: 48° Lo: 22°
Feels Like: 28°
Lafayette
Clear
37° wxIcon
Hi: 49° Lo: 24°
Feels Like: 32°
Danville
Partly Cloudy
34° wxIcon
Hi: 50° Lo: 25°
Feels Like: 29°
Frankfort
Partly Cloudy
32° wxIcon
Hi: 48° Lo: 23°
Feels Like: 24°
Frankfort
Partly Cloudy
32° wxIcon
Hi: 46° Lo: 23°
Feels Like: 24°
Monticello
Clear
31° wxIcon
Hi: 48° Lo: 23°
Feels Like: 31°
Monticello
Clear
31° wxIcon
Hi: 49° Lo: 24°
Feels Like: 31°
Logansport
Clear
30° wxIcon
Hi: 46° Lo: 24°
Feels Like: 30°
Dry, mild conditions continue.
WLFI Radar
WLFI Temps
WLFI Planner

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 665285

Reported Deaths: 12697
CountyCasesDeaths
Marion910581653
Lake48637887
Allen36050641
Hamilton32231398
St. Joseph30243514
Elkhart25484420
Vanderburgh21315382
Tippecanoe20185205
Johnson16425361
Porter16053276
Hendricks15899301
Clark12032182
Madison11779321
Vigo11672231
Monroe10394164
Delaware9879179
LaPorte9821198
Howard9095199
Kosciusko8588111
Bartholomew7504147
Warrick7445153
Hancock7439134
Floyd7255172
Wayne6654192
Grant6453157
Boone611991
Morgan6118126
Dubois5933112
Dearborn550669
Cass5477100
Marshall5446105
Henry542695
Noble510978
Jackson465567
Shelby462591
Lawrence4193113
Gibson404985
Harrison402764
Clinton397053
Montgomery390584
DeKalb387178
Knox357885
Miami357863
Whitley350638
Huntington348377
Steuben339855
Wabash333076
Putnam331960
Ripley327862
Adams325149
Jasper318443
White298052
Jefferson295974
Daviess285696
Fayette272656
Decatur271388
Greene262280
Posey261432
Wells258975
Scott251450
LaGrange242170
Clay241444
Randolph225877
Spencer219330
Jennings216344
Washington213027
Sullivan203639
Fountain202542
Starke189251
Owen183453
Fulton179637
Jay178528
Carroll176919
Perry173836
Orange171351
Rush165422
Vermillion161542
Franklin159735
Tipton149241
Parke140116
Pike128433
Blackford120627
Pulaski107544
Newton96732
Brown95240
Benton92413
Crawford92113
Martin80314
Warren75914
Switzerland7558
Union67510
Ohio54111
Unassigned0434

COVID-19 Important links and resources

As the spread of COVID-19, or as it's more commonly known as the coronavirus continues, this page will serve as your one-stop for the resources you need to stay informed and to keep you and your family safe. CLICK HERE

Closings related to the prevention of the COVID-19 can be found on our Closings page.

Community Events