(INDIANAPOLIS) – You’ll no longer go to court for marijuana possession — but you could still go to jail.
Police Chief Bryan Roach says police will continue making arrests for marijuana possession, despite acting prosecutor Ryan Mears’ announcement the office will no longer take those cases to court. Roach and Mayor Joe Hogsett say they were caught off guard by the policy change and need time to study it, just like prosecutors had before pulling the trigger on the change. But Roach says the law is on the books, and police have a duty to enforce it.
Democratic precinct leaders are meeting Saturday to vote on whether Mears or the candidate Hogsett’s endorsed, Tim Moriarty, should hold the prosecutor’s job for the three years remaining in the term of Terry Curry, who resigned for health reasons. Moriarty has said he’ll continue the decriminalization policy if he wins. Hogsett says he supports Mears’ declared goal of smoothing out imbalances in who goes to jail, but says he’s not ready to take a position one way or the other on the policy.
Roach says being able to hold someone on a marijuana charge can give police more time to continue an investigation that could lead to charges in violent crimes. He challenges Mears’ argument that there’s no connection between pot and violent crime. Roach says the connection is there and increasing, as dealers carry weapons to protect themselves. He argues even if marijuana is legalized, that connection is likely to continue, as some of the pot trade will remain on the underground market.
Mears says his office won’t pursue charges in misdemeanor possession cases, which involve an ounce or less. Larger amounts, or possession while carrying a gun, turn the charge into a felony, and Mears says those cases will still be filed.
IMPD Chief Bryan Roach (right) with Indianapolis Mayor Joe Hogsett (Photo: Eric Berman/WIBC)
