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INDIANAPOLIS–Monday’s decision by the acting Marion County prosecutor to not prosecute people who are caught with less than one ounce of marijuana may be the start of a new legalization movement, says a representative of Indiana NORML, a group that advocates for the normalization of cannabis.

“It’s a policy-level decision that yes, we can still make arrests, but we’re gonna make it the lowest priority of what we do in law enforcement,” said Neal Smith, chairman of the board of NORML. “If you’re not hurting anybody and don’t have any other charges facing you, but you’re in possession of a small amount of cannabis, they’re probably just gonna destroy it in front of you and let you go.”

Smith said the prosecutor listened to the voice of the people, and the decision will make it easier for other prosecutors to do the same.

“This is just the beginning. Once people in government see that the sky is not gonna fall…maybe they oughtta start looking at this issue.”

Smith said he believes that the issue has been stymied by Gov. Eric Holcomb and the Indiana general assembly, which refused to make medical marijuana legalization a priority in the last session.

But, criticism of Monday’s decision met criticism by Indiana Atty. Gen. Curtis Hill, and the Fraternal Order of Police, Lodge no. 86.

Our collective rank and file had no prior indication of this decision and we are trying to ascertain if others within the criminal justice community and city county government were aware of this move beforehand,” said a prepared statement from the FOP. “Such an across the board decision not only impacts our local community, but has implications for jurisdictions throughout our region and state.”

The FOP’s statement said they are working to understand the basis for the decision.

“While we recognize and value prosecutorial discretion, our law enforcement officers have significant concerns anytime a single person elects to unilaterally not enforce a state law as a matter of practice or policy.”

Smith said he believes some counties may be attracted to the idea that Indy is saving money by not prosecuting small fry cases. But, he also said he believes it’s the right thing to do.

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