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If board members object to a federal change, they must publicly issue their reasons and allow for a hearing process before any state action moves forward.
By Casey Smith, Indiana Capital Chronicle
Indiana lawmakers could soon revisit debates over medical marijuana legalization, but state officials say it remains unclear when—or if—federal marijuana reclassification will formally trigger action in Indiana.
At a Monday meeting, the Indiana Board of Pharmacy reviewed a federal notice related to marijuana rescheduling but took no formal action. Board members said any future state response depends on the federal process becoming official.
That means Indiana’s marijuana laws remain unchanged, for now.
Even so, Republican Sen. Mike Bohacek announced on Monday his plans to draft 2027 legislation that would legalize medical marijuana in Indiana and establish regulations governing its sale, distribution and use. Bills for the 2027 session can’t be filed until later this year.
“In light of the governor’s openness to consider legislation regarding the legalization of marijuana, we need to consider a feasible marijuana policy that would be the most helpful to Hoosiers and the economy,” Bohacek, of Michiana Shores, said in a statement. “The use of medical marijuana has been proven to be beneficial for some medical disorders and could help people throughout the state who are suffering find some relief.”
The senator said his proposal would legalize medical marijuana, establish rules for medical use, create a tax structure for marijuana sales and distribution and update Indiana’s impairment laws related to THC use.
The announcement sets up another likely marijuana debate at the Statehouse after years of failed efforts to loosen Indiana’s cannabis laws.
Gov. Mike Braun (R) last month also signaled openness to broader discussions about marijuana legalization and regulation in Indiana. The governor stopped short of endorsing full legalization but said he was open to reviewing policy recommendations and hearing proposals from lawmakers on how Indiana should approach marijuana regulation moving forward.
Although the U.S. Department of Justice last month announced limited Schedule III reclassification for certain state-licensed medical marijuana products, broader federal marijuana rescheduling remains tied up in an ongoing Drug Enforcement Administration process that has not yet been finalized. Federal hearings on broader rescheduling are scheduled to begin in June.
The proposed federal change would move state-approved medical marijuana from Schedule I—reserved for drugs with no accepted medical use—to Schedule III, a less restrictive category that recognizes some medical uses.
Leif Johnson, a lawyer for the state pharmacy board, said Monday that Indiana law requires the board to review any finalized federal scheduling change and determine whether the state will object to adopting similar changes under Indiana law.
Under Indiana Code, the pharmacy board is tasked with reviewing controlled-substance scheduling changes and recommending whether the state should adopt comparable classifications. If board members object to a federal change, they must publicly issue their reasons and allow for a hearing process before any state action moves forward.
Indiana remains among a shrinking number of states without a medical marijuana program, even as neighboring states have expanded legalization efforts. Multiple proposals to legalize or decriminalize marijuana—including limited medical-use bills—have repeatedly stalled in the General Assembly in recent legislative sessions.
Earlier this year, Indiana lawmakers again failed to reach agreement on cannabis-related policy changes. A Senate-approved proposal to crack down on intoxicating hemp-derived THC products died before the legislature adjourned.
Bohacek emphasized that his bill would not legalize recreational marijuana, though.
“While the legislation I plan to propose would legalize the use of medical marijuana, it would not take away from the safety standards that would need to be established to keep Hoosiers safe,” he said. “This proposed legislation would not legalize the use of recreational marijuana.”
Bohacek additionally said he plans to build “plenty of parameters” into the legislation governing how medical marijuana would be distributed and regulated in Indiana.
“I intend to include plenty of parameters around the implementation and use of medical marijuana to ensure it’s being properly regulated and distributed by Hoosier healthcare professionals,” Bohacek said.
He maintained that the legislation would establish THC impairment standards and additional law enforcement training requirements.
“Many of our state’s current laws regarding the use of marijuana would remain in place, with some adjustments to account for those who may have medical exemptions,” Bohacek said.
The senator argued, too, that Indiana should consider regulating and taxing marijuana products already widely available in the state.
“Indiana has already allowed the sale of delta-8 THC and other similar cannabinoids, so creating a tax policy is a logical next step in expanding the use of THC products,” Bohacek said. “There is potential to bring in millions of dollars in tax revenue every year.”
This story was first published by Indiana Capital Chronicle.
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