Indiana has some of the harshest penalties for marijuana possession in the U.S. Possession of less than thirty ounces of pot is a Class A misdemeanor, with sentences up to one year in jail and a fine of up to $5,000. A second possession offense in Indiana is a Class D felony punishable by between six months and three years in prison, a fine of up to $10,000 or both. Indiana does not recognize medical marijuana. During a recent overhaul of Indiana’s criminal sentencing, the state Senate’s Criminal Law Committee discussed increasing the felony and misdemeanor levels of marijuana possession charges. One proposed change was to change possession of one-third of an ounce to ten pounds of pot from the highest-level misdemeanor to the lowest-level felony.
Kentucky recently changed their laws so that misdemeanors like small amounts of pot possessions were issued citations like traffic tickets instead of being arrested. This impacted two of UK’s athletes who received citations only. At the University of Indiana, two basketball players without any prior history of discipline were dismissed from the program for possession of a small amount of pot. The criminal charges were later dismissed against them.
According to FBI statistics for the year 2012, over 9,000 individuals were arrested in Indiana for marijuana-related offenses, 86% of which were for possession. Of all the marijuana arrests, 90% have no prior convictions. Indiana’s violent and property crimes are down. Indiana's prison populations are rising to the extent that Indiana is building another prison.
Indiana law regarding operating a vehicle while intoxicated covers marijuana. Prosecutors don’t have to prove you are high, just that you have a trace of marijuana in your system. That trace of the drug can remain in your system a few days to several weeks after you’ve last smoked it. Any amount of marijuana (including metabolites) in the driver's blood or urine is adequate to prove the operating while intoxicated charge. The metabolite is the residue left as the drug breaks down. You can go on vacation to Colorado, for instance, smoke it legally, return to Indiana where you are not smoking it and yet, if you are involved in an accident or be speeding or other situations where some blood or urine samples are necessary, those metabolites from smoking it days or weeks ago can land you in jail for operating a vehicle while intoxicated. Indiana has even prosecuted individuals who do not have any marijuana in their possession but have packaging only. Should an officer see only packaging and you refuse a drug test, your license to drive can be suspended for a year.