By State Sen. Jim Merritt
Indiana has some of the strongest laws in the country regarding dealing and possessing synthetic drugs, but these laws, and our safety, are being jeopardized by a recent court ruling.
The Indiana Court of Appeals ruled that the state law criminalizing the dealing in and possession of synthetic drugs is too vague for the average citizen to understand and, therefore, is unconstitutional.
According to the Indiana Poison Center’s most recent annual report, stimulants and “street drugs” ranked fourth in the top ten most serious poisonings resulting in major symptoms or death. As long as synthetic drugs are legal, Hoosier lives are at risk.
As written in Indiana code, a person must reference a few statutory provisions and agency rules to determine whether a substance is illegal. It is my belief that ignorance to the laws that apply to one’s actions should not excuse an individual in court.
I am working with the Office of the Attorney General to appeal this ruling to the Indiana Supreme Court for the benefit of all Hoosiers. We need to put a stop to synthetic drug use in Indiana and avoid using “vagueness” as a cover for criminal activity.
In addition, I authored Senate Bill 93, which would require the Indiana administrative code to include a list of specific substances that have been declared as synthetic drugs. It is my hope that this would provide clarity in the law, and prevent offenders from using loopholes to escape consequences.
As your state senator, I will continue working diligently to ensure your safety, which starts with addressing the drug problem in our state and preventing this epidemic from stealing more Hoosier lives. In order for that to happen, it is imperative that our laws stand up in court.
As always, my office is available as an additional resource. You can contact me by phone at (317) 232-9533 or by email at [email protected] with feedback or questions.