We owe this to our taxpayers and the Hoosiers in Indiana.
By Casey Smith Indiana Capital Chronicle
Indiana could be on the verge of a less strict marijuana law, or even a total legalization of cannabis?
State legislators raised these questions during a six hour meeting Wednesday at the Statehouse.
The Interim Study Committee on Commerce and Economic Development examines “the legalization and use of cannabis by adults in Indiana, as it relates both to the workforce and teenage use.”
The committee also heard testimony on the possible decriminalization of simple marijuana possession and discussed the potential health and economic benefits THC products.
What is at stake HTML0?
Indiana retailers can currently sell marijuana-related products, such as CBD, delta-8 and delta-9 THC. However, there is no state regulator to oversee the industry.
Some of those who spoke before the panel advocated for a state-regulated cannabis market. They emphasized a greater access to a medical product, and a higher likelihood that cleaner, safer products will be available. Some were more conservative and recommended better labeling of CBD products that are already available on the market, as well as more restrictions in order to keep these products out of the reach of minors.
Justin Swanson of the Midwest Hemp Council said, “While Indiana is certainly not going to lead the way in responsible cannabis reform, it does have the opportunity to be the very first state to get it right.” This would mean that our laws and regulations will be structured to enable Hoosier manufacturers, retailers, and farmers to compete with their main competitor, the illicit market.
Other medical and legal experts warned that a legal market for adult-use cannabis could negatively impact employment and make it easier to access cannabis products by youth.
“We are no longer talking about the flower and marijuana of the 1970s. These new products we’re talking about–cannabis-infused with pink lemonade gummies, candies, cookies, ice cream sodas–these are legally being sold in the state-regulated markets,” said Luke Niforatos, executive vice president of the nonprofit Smart Approaches to Marijuana (SAM). “We might say that we’re fine with this risk. We have normalized the use of alcohol and tobacco, so we are okay with kids experiencing these consequences. But we must be aware of what we are doing and the message that we are sending. We should not target children.”
Since several years, Democrats as well as a few Republicans have been introducing bills focusing on recreational or medical marijuana. Despite this, none of the bills have received enough support to be passed.
Indiana is one of 12 states that does not allow marijuana for either medical or recreational use.
The GOP leaders said that they would rather wait until federal legalization before discussing the issue, but were open to discussing it during Wednesday’s meeting.
The lawmakers did not act on any new legislation Wednesday, and they cannot until the next session begins in January. It is too early to say if marijuana legalization bills will be introduced at the Statehouse by 2024.
Bob Morris, a Fort Wayne Republican who has proposed previously to expand Indiana’s marijuana laws, moved for the interim panel to make recommendations relating to hemp products. Committee chairman Sen. Scott Baldwin(R-Noblesville), however, refused.
Baldwin was not the only Democratic legislator who disagreed with Baldwin’s assertion that the committee would “not reach consensus” regarding cannabis policy recommendations. The committee failed to achieve enough votes to adopt any recommendations regarding any of its study topics.
The General Assembly will reconvene in the fall and lawmakers can still file bills relating to cannabis.
Baldwin, speaking on the cannabis issue, said: “One thing’s for sure–we probably won’t solve it at this committee hearing today.” We owe this to our taxpayers and Hoosiers in Indiana. “I think everyone agrees that we must be careful and thoughtful about what we do.”
Benefits of marijuana
Ari Kirshenbaum is a senior behavior scientist at Cannabis Public Policy Consulting. He presented survey results showing that 40,5 percent of people between 16 and 25 years old use cannabis every day or almost everyday. About 60 percent of those surveyed said they used the substance at least one time a week.
Indiana’s statistics are comparable: 39 percent of Hoosiers aged 18-29 use cannabis every day or almost daily and 59.5 use it at least weekly, despite the fact that it is still illegal.
He said Indiana’s prevalence in youth cannabis use was comparable to other states, both those with medical and adult-use markets that are regulated as well as states without either.
Kirshenbaum stated that national surveys show that approximately 9 percent of those who have tried cannabis in the past struggle to stop using it. This is compared to the 30 percent of smokers who struggled to stop.
He said that a disproportionate amount of cannabis use disorders – defined by mental health specialists as an inability to quit using marijuana even when it leads to health and social issues – are found in people between the ages of 18 and 25. Nearly 50 percent of cases in the United States fall into this age group.
Kirshenbaum stated that cannabis use is a “perennial issue” among young users. However, data shows that cannabis use disorders are not more prevalent in states where marijuana is legal.
He also said that “insufficient evidence exists to prove that cannabis causes mental illness” for any individual, but that those with mental illness are at a higher risk of developing a cannabis use disorder.
Keith Johnson, a member of the Indiana chapter of the National Organization for the Reform of Marijuana Laws’ (NORML) board of directors, stated that the number of opioid overdoses and use of the drug in the community decreased after the legalization of cannabis.
He also said that fatal work injuries decreased in states with medical marijuana laws. The workers in these states are also more productive and less prone to becoming addicted to prescription drugs for chronic pain.
Johnson also praised several Shelby County businesses that recently ceased testing for marijuana.
They’ve determined that a good worker’s metric – or the potential for a metric of a great worker – is not whether they use cannabis or not. Johnson stated that it’s about how the worker performs on the job. They found that to find competent, talented and skilled workers, workers, maintenance personnel and machine operators, they sometimes had to look beyond the marijuana test.
Zach Stock, Indiana’s Public Defenders Council, said that marijuana-related arrests or prosecutions result in dozens of hours lost at work. He added that a person loses 10 days’ worth of work because they are in jail, have to travel to and from court and do community service if they qualify for diversion.
Stock stated, “Our members are at the forefront of the war against drugs and we know how prohibition can affect the lives of our clients.” Stock said that a common way to stop criminalizing something is to not treat it criminally. It would be much more productive to use those hours in a different way.
White River Township Fire Department chief Jeremy Pell also shared recent changes to his Department’s drug policies to allow firefighters CBD products.
This new policy allows for the use of CBD and delta-8 in any form. Pell says that CBD products have been legal in Indiana, since March 2018, and the decision to allow firefighters to use these products has “benefitted” their overall well-being.
It’s possible, depending on the CBD products, to test positive for THC during a standard drug screen, as CBD in Indiana is allowed to contain up 0.3 percent THC. The results of the test would be the same for someone who has used traditional marijuana.
Pell said that the policy did not allow impairment on the job, and that firefighters were only allowed to use CBD when they weren’t on a shift. He said that in the year since his department’s policy went into effect, the department had not experienced any problems related to CBD usage among staff.
“We do a difficult job and it is no secret that there are PTSD issues. There are men and women who work in the fire department, as well as in EMS, law, and dispatch, that go home to reprocess incidents. He said that his primary responsibility was to the health of the men, and women in the department. “If I can keep them healthy then we will be more likely to be able keep you healthy”, he added.
Pell said, “I’ve seen far too many people who have self-medicated or used prescription drugs without their doctor’s permission or found other ways to obtain illegal drugs.” I didn’t want them to do that. I wanted them to receive the help they needed, and science has proven that CBD can have therapeutic effects.
Is this a bad policy?
The Indiana Chamber of Commerce has been opposed to legalizing cannabis for many years and believes that allowing marijuana use would make it more difficult for employers in Indiana to hire workers.
Ashton Eller is the vice president for health care policy and employment laws. He said that the chamber does not support the legalization of marijuana as a medical or therapeutic drug “until its efficacy, safety, and consistency have been proven through clinical trials.”
The workforce of an employer is usually their most valuable asset. “Employing and retaining staff is often the greatest challenge for employers,” he said. “The bottom-line is that any increase (in marijuana) positive tests will impact our workforce. We don’t wish to see Hoosier employers increase their costs of hiring by actively looking for employees outside the state.
Niforatos also argued, separately, that legalizing cannabis “truly means turning marijuana into a business and commercializing it.”
Niforatos said to the committee that “we’re creating a new tobacco crisis” on Wednesday. He said that his organization believes “definitely” changes are needed to federal and state law. These can be made “without legalizing or commercializing this drug.”
He said that even laws with the “best of intentions” can’t ensure that children won’t be able to access cannabis more easily.
“I don’t think taxpayers will pay for a cop to be in every store and house to ensure everyone is following the rules,” Niforatos said. “But either you say yes to commercialization or you continue to lock up people, it’s a false dichotomy.” This is a false dichotomy.
Brock Patterson, Indiana Prosecuting Attorneys Council’s (IPAC), said that the black market does not disappear even after legalization. He also noted that it is difficult to ensure that growers and sellers comply with licensing requirements on regulated cannabis markets.
He added that “children also have access to marijuana” in states where adults are allowed to use the drug.
“Cannabis regulations are anything but regulated. This is true regardless of model. “The industry is responsible for a number of problems that hurt citizens and cost the states a lot of money. In many estimates, the costs of these problems are greater than the revenue generated by the various tax structures,” Patterson stated.
“I have heard that Indiana is the only state that has an opportunity to correct the mistakes made by other states. It is difficult for me to believe there’s a correct way to regulate when all states have failed so far. “Until there is clear evidence, Indiana would be better off without the industry and its issues,” Patterson added.
This article was originally published by Indiana Capital Chronicle.
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