Marion County Prosecutor Terry Curry and Indianapolis Metropolitan Police Department Chief Richard “Rick” Hite announced today the local law enforcement plans to address the July 1 scheduled event at The First Church of Cannabis.
Prosecutor Curry and Chief Hite said it is their hope that an understanding has been reached with the organizers to keep the event a peaceful demonstration free of criminal activity.
“Possession of marijuana is a crime in Indiana and there is no exception for where marijuana is possessed,” IMPD Chief Rick Hite stated. “Anyone who attends this or any other event and brings marijuana will potentially be subject to arrest or summons and criminal charges. If someone gives marijuana to another individual, that is a crime of dealing marijuana and also subject to arrest or summons and criminal charges.”
“We do not view the Religious Freedom Restoration Act as a legitimate defense to committing a crime,” Prosecutor Terry Curry explained. “However, we understand the political nature of this event, and hope to limit any arrests to those who desire to be criminally charged for the purpose of presenting a legal defense under the new law.”
“As noted in my letter to the editor published during the legislative debate, we anticipated that the act could be asserted as a defense to criminal prosecution. As with any defense, our office will address the argument within the context of the case in which it is presented,” Prosecutor Curry continued. “This is further evidence that the legislation was ill-advised, and I hope that legislators will consider repealing this law as soon as possible.”
Possession of marijuana is a Class B Misdemeanor pursuant to Indiana Code 35-48-4-11. Anyone who attends and has an active warrant is subject to arrest. Those on probation who are arrested may be found in violation of their probation. Anyone who operates a vehicle while impaired is also subject potential arrest and criminal charges.
