Could Indiana decriminalize marijuana after a recent DEA announcement? Here's what we know

It probably won't happen today, tomorrow or even by next month, but many Hoosiers might be wondering if Indiana's drug laws are poised to loosen after the Biden administration signaled a watershed change in the federal government's position on marijuana.

Here's where things stand in Indiana about the possibility of softening its marijuana laws.

What did the federal government do?

The Drug Enforcement Administration plans to take public comments soon about recategorizing marijuana under the Controlled Substances Act, according to reports Tuesday by the Associated Press and NBC News. Both outlets cited anonymous sources with knowledge of the plans.

The move by the Biden Administration could potentially take marijuana from a Schedule I drug — those deemed highly dangerous, addictive and without medical use — and reclassify it as a Schedule III drug, which means marijuana could be lawfully prescribed as medication.

Does that mean Indiana could decriminalize marijuana?

Tuesday's announcement is one step closer, some advocates hope, toward full legalization of marijuana at the federal level, but there are still plenty of states with differing laws on the books — Indiana is one of them.

The Hoosier state has remained firm in its stance regarding marijuana, with Indiana Gov. Eric Holcomb refusing to pardon those with state-level possession charges and saying he would take no action legalizing marijuana while it remained illegal in the eyes of the federal government.

Would Indiana Gov. Eric Holcomb support decriminalizing marijuana?

Gov. Eric Holcomb has maintained that he opposes legalization because of marijuana's federal designation as a Schedule 1 drug. But his opinion may not matter much anymore. By the time the next legislative session rolls around, someone new will be in the governor's office.

Others are reading: Buying delta-8 THC? Maybe know these facts about 'diet weed' first

Why are hemp and CBD oil legal if marijuana isn't?

CBD products would be illegal if not for a loophole in the 2018 Farm Bill, which created a distinction between marijuana and hemp. Any cannabinoid derived from hemp, according to the bill, is legal so long as the final product has less than 0.3% THC. The bill effectively transferred hemp from the purview of the Controlled Substances Act to the Department of Agriculture.

Two years ago during the 2022 growing season, Indiana issued 87 hemp licenses to 38 growers, 30 handlers and 19 grower/handlers.

Could the Indiana legislature propose full legalization of marijuana?

Legalization is regularly proposed in the Indiana legislature but has never advanced, even as Republicans start to hop on board. That could change, of course, depending on who gets elected Indiana's next governor when Holcomb steps down.

How do Indiana's candidates for governor stand on marijuana legalization?

U.S. Sen. Mike Braun: Braun has declined to comment in previous interviews, but in the past has said he recognizes the benefits of medical marijuana while recreational legalization is a question for future generations.

Jamie Reitenour: Reitenour did not respond to IndyStar's request for comment in a previous article.

Republican Brad Chambers: The former president of the Indiana Economic Development Corporation, was undecided, with Chambers saying he hasn't spent too much time on the issue but wouldn't close the door on it.

Lt. Gov. Republican Suzanne Crouch: Crouch stood firmly opposed to decriminalizing marijuana, saying in a previous article that her family’s history of battling addiction and law enforcement’s stand against marijuana lead her to believe that now was not the time for legalization.

Republican Eric Doden: Doden is opposed. The Fort Wayne businessman in the past said his campaign "is about making Indiana's communities safer," and that legalizing drugs is counter-opposite of that goal.

Republican Curtis Hill: The former Indiana attorney general is opposed, saying his background as a prosecutor informs his position.

"Marijuana use has destroyed many lives, and states that have legalized marijuana have seen an increase in black market products fueled by Mexican cartels," Hill said in a previous IndyStar article.

Democrat Jennifer McCormick: McCormick is in favor of legalizing medical marijuana. The former state schools superintendent told IndyStar doing so would boost Indiana's economy "by welcoming an industry proven to add millions of dollars to the state budget," as well as alleviate the pain of suffering patients.

Libertarian Donald Rainwater: Rainwater is in favor of legalization, saying the prohibition on marijuana in Indiana contributes to violent crime and that Hoosiers should decide for themselves about cannabis use.

Previously: Where Indiana's candidates for governor stand on marijuana legalization

USA TODAY reporters Jeanine Santucci and Eduardo Cuevas contributed to this article, as well as IndyStar reporter Kayla Dwyer.

Contact IndyStar government and politics editor Kaitlin Lange at Kaitlin.Lange@indystar.com or follow her on X @Kaitlin_Lange. John Tufts covers trending news for the Indianapolis Star. Send him a news tip at JTufts@Gannett.com. Follow him on X at @JTuftsReports.

This article originally appeared on Indianapolis Star: DEA could reclassify marijuana. Here's where things stand in Indiana