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Indianapolis Star
01-07-2025
- Health
- Indianapolis Star
Indiana should close marijuana loophole putting drugs in hands of 38,000 kids
Nearly 38,000 Indiana middle and high school students have tried psychoactive Delta THC products, according to the 2024 Indiana Youth Tobacco Survey — a direct result of a loophole in state marijuana law that puts these substances within easy reach of minors. Delta 9 THC is the compound in marijuana that causes people to feel high. For the most part, it's banned in the state. But Indiana follows the 2018 federal farm bill's hemp definition, creating a loophole that allows similar psychoactive compounds like Delta 8 THC. Delta THC products, including drinks and candy, are widely accessible and appear to be specifically marketed toward children. 2% of public middle school students and nearly 10% of public high school students reported having tried Delta THC products. That translates to 37,565 students who have used a drug that could lead to long-term damage to their attention, memory and learning, as well as increased risks of psychiatric disorder, testicular cancer, respiratory difficulties and more. The well-documented damage to the ability of students to learn and grow is also highly concentrated among the most at-risk and marginalized. Research shows marijuana use is higher in schools with greater poverty, lower achievement, and higher absenteeism. This higher use is likely to translate to Delta THC products as well, considering their widespread distribution. Despite this clear harm, some legislators have proposed the wrong solution. State Sen. Travis Holdman, R-Markle, and state Rep. Jake Teshka, R-North Liberty, pushed a law this year that would have formally legalized and regulated Delta 8 THC. It fortunately died during the last stages of the legislative session. Hicks: Legalizing marijuana brings tax revenue, lower crime. Indiana is behind. Attorney General Todd Rokita was one of the major opponents of the bill, as he has long held the products should be illegal under current law. As a result, there has been inconsistent enforcement against them at various times and places. A lawsuit against Rokita over the issue was dismissed a few months ago, declaring his opinion was not legally binding while leaving enforcement in a gray area. With that in mind, it would make sense for people to think some limited good might come out of settling the issue and formally banning the sale of the product to minors. However, Holdman and Teshka's bill made the unfortunate mistake of looking at the proliferation of marijuana through the mantra of 'safe, legal and rare.' In practice, as is the case with decriminalization of marijuana in other states, pushing for 'safe, legal and rare' only increases accessibility of the drug for minors. It would also make it more difficult for prosecutors to enforce existing laws against marijuana. What inevitably follows from actions that reduce the legal risk around a vice industry is that more investors will see it as an opportunity. New capital flows into the business, making it increasingly ubiquitous and socially acceptable. Opinion: Legalizing marijuana would be a bipartisan win for Indiana Of course, proponents of full-on marijuana legalization are counting on exactly that, as an opportunity to boost state tax revenue and reduce nonviolent arrests. But the data tells a different story. Studies show the modest economic benefits are overshadowed by a 17% increase in substance use disorders, 35% increase in chronic homelessness and 13% increase in arrests on average. As Indiana leaders abdicate responsibility for public health and the state and federal governments limit Medicaid access, it would be the worst possible time to make Delta THC products more accessible. State leaders have already wisely taken action to reduce tobacco consumption in light of their other cuts to public health spending. It is about time they finish the deal and ban marijuana once and for all by closing the loophole allowing the sale of Delta THC products.
Yahoo
09-04-2025
- Business
- Yahoo
After third committee vote, Delta-8 regulations head to House floor
Rep. Jake Teshka, R-North Liberty, answers committee questions about the delta-8 regulatory bill he is sponsoring on Wednesday, April 9, 2025. (Leslie Bonilla Muñiz/Indiana Capital Chronicle) Legislation regulating a marijuana-like drug already available throughout Indiana inched closer to reality Wednesday, after clearing its third committee vote — and another round of revisions — in the House. It next heads to the chamber's floor. Delta-9 tetrahydrocannabinol — the major psychoactive component in marijuana — remains illegal in Indiana. But the delta-8 THC business is booming. Attempts to regulate the isomer have failed repeatedly, typically in the Senate. But when Senate Bill 478 crossed out of that chamber, House lawmakers got to work. Committees focused on commerce and finance vetted the measure, making substantive changes each time. On Wednesday, the House Courts and Criminal Code Committee got its turn, approving another set of edits intended to curry Senate support and avoid potentially messy negotiations. 'I certainly am one that thinks that the status quo is unacceptable,' Rep. Jake Teshka, R-North Liberty, told the committee. 'And so, we need to get this bill in a position where we can get a concurrence over in the Senate.' Senate Bill 478 sets out advertising, age-limit, licensing, packaging, testing and other requirements for the hemp-derived products. The Indiana Alcohol and Tobacco Commission would gain regulatory power over the industry. A major amendment, taken by consent on Wednesday, sets a cap on the number of retail permits at 9,400. Chris Serrack, the commission's deputy director, said that's an estimate of how many retailers carry the products today — about 75% of the current 12,000 tobacco certificate holders. The calculation doesn't include alcoholic beverage permittees with on-premise-only services, he said. The first-come, first-serve system would function in contrast to the population-based model governing alcohol permits. Doing that for delta-8 would be 'burdensome,' per Serrack, because it requires auctions and records-keeping. Several committee members feared those factors combined would lock businesses already selling the products out of the industry. The amended legislation also blocks the commission from issuing permits to grocery stores larger than 2,500 square feet or to any drug stores. It limits eligibility to convenience stores, and to current alcoholic beverage permittees for on-premise consumption. When asked why, Teshka told the committee, 'Again, … my interest here is that we get a concurrence in the Senate.' The rationale, he continued, 'is that, you know, we want to limit the proliferation of these products. So, where they're being sold now is where we should keep them.' Another provision would require permit-holders to keep all craft hemp invoices and make them available for commission inspection. Other additions offer punishments for products 'adulterated' with illegal substances and bans driving under the influence of any craft hemp products. The amendment also removed tax language added last week by the House Ways and Means Committee. Teshka said the provision would get moved elsewhere because new taxes must go in House-originated legislation. Rep. Matt Pierce, D-Bloomington, accentuated the rare third round of committee vetting while questioning Serrack about the new penalties. 'I had a quick question on the penalties, since I guess that's what this committee is supposed to worry about the most,' Pierce quipped. 'Were you involved in figuring out what the penalty should be?' Serrack affirmed his agency's involvement, and that the penalties were essentially mirrored from existing alcohol law. Earlier, Teshka indicated a third hearing wasn't always the plan. 'I appreciate you all. I know we're getting to the end (of the legislative session) and we put an extra meeting on your calendar that wasn't there before,' he told lawmakers, one day before the Thursday committee hearing deadline. Rep. Wendy McNamara told the Capital Chronicle that Senate Bill 478 was recommitted to her committee because it would create a new penalty structure. She said any new felonies typically come her way. The committee advanced the legislation on a 9-3 tally. Republicans were all three 'no' votes. It heads to the House floor for potential further amendments, then a final vote. If the House's numerous changes don't earn a Senate concurrence, representation from each chamber would have to negotiate a final version. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
31-01-2025
- Health
- Yahoo
Could lawmakers legalize marijuana this year? These are the bills to watch.
The push for marijuana legalization in Indiana has new money and new faces behind it. It's more bipartisan than ever before. And there's a new governor who's more amenable to certain aspects of the debate than the previous one. Every year there have been many, sometimes dozens, of bills attempting to move the needle, but they always fail to make it into law. Indiana is now surrounded on all sides by states where some level of cannabis is legal. Could this finally be the year for one of these bills to go the distance? Indiana General Assembly: With a new governor and Republican-backed marijuana lobbying effort, will anything change? Leaders behind a new lobbying group, Safe and Regulated Indiana, are projecting optimism. Some lawmakers behind the bills are far more tempered in their expectations: This could take multiple election cycles, but it does seem like there's some momentum. Still, so far this year none of the bills legalizing marijuana have received a hearing, the first step toward becoming law. Here are the marijuana-related bills lawmakers have proposed this session: Four bills would allow people with a medical condition and their doctor's permission to use medical marijuana, and establish a regulatory framework to oversee a medical marijuana program: , by Rep. Jake Teshka, R-North Liberty Senate Bill 341, by Sen. Michael Young, R-Indianapolis , by Sen. Greg Taylor, D-Indianapolis House Bill 1178, by Rep. Jim Lucas, R-Seymour. This bill also includes a host of other regulations about the packaging and labeling of medical marijuana. Four bills would legalize the production and sale of marijuana for adults, establish a tax and create a new state agency to oversee the regulations: House Bill 1630, by Rep. Heath VanNatter, R-Kokomo Senate Bill 113, by Sen. Rodney Pol, D-Chesterton, and Sen. Kyle Walker, R-Fishers , by Rep. Blake Johnson, D-Indianapolis House Bill 1654, by Rep. Zach Payne, R-Charlestown. This bill would set the legal age at 18, whereas the others set it at 21. , by Rep. Heath VanNatter, R-Kokomo, would decriminalize the possession of two ounces or less of marijuana. This isn't the same as legalization, which would involve regulating a market. Senate Bill 166, by Sens. Spencer Deery, R-West Lafayette, and Tyler Johnson, R-Leo; as well as , by Rep. Timothy Wesco, R-Osceola, would prohibit the advertising of the product or a related business by any medium ― billboard, digital, etc. House Bill 1026, by Rep. Joanna King, R-Middlebury, narrowly focuses a prohibition on physical signs located within 1,000 feet of places where kids are, such as schools and public parks. House Bill 1119, by Rep. Wendy McNamara, R-Evansville would set the legal limit for the amount of THC that can be found in a person's saliva to be penalized with an OWI charge. Current law says you can get charged if you have any measurable amount in your blood; this bill would set the threshold at five nanograms per milliliter in your saliva, the common limit in states where marijuana is legal. Contact IndyStar state government and politics reporter Kayla Dwyer at kdwyer@ or follow her on Twitter @kayla_dwyer17. This article originally appeared on Indianapolis Star: Marijuana bills filed in the Indiana legislature in 2025
Yahoo
29-01-2025
- Business
- Yahoo
‘Access money you've already earned.' Indiana lawmaker seeks regulations for early wages
An Indiana bill under consideration seeks to regulate "early wage access" services already being used by hundreds of thousands of Hoosiers. (Getty Images) With Hoosier employees increasingly using payment tools that let them tap earned wages before a regularly scheduled payday, an Indiana lawmaker is proposing a new framework to regulate the 'earned wage access' industry. Critics, however, summed the proposal up as 're-warmed payday lending.' House Bill 1125, authored by Republican Rep. Jake Teshka, would create the 'Indiana Earned Wage Access Act,' putting certain rules in place around earned wage access, or EWA, services. Under the bill, Indiana's Department of Financial Institutions would be tasked with overseeing a new licensing system. The legislation was heard in the House Financial Institutions Committee on Tuesday and is expected to be amended — and potentially advanced to the full chamber — next week. Teshka said his bill 'is simply seeking to place a regulatory structure' around an existing service 'that hundreds of thousands of Hoosiers already use.' 'During the pre-industrial era, and even during the early parts of the Industrial Revolution, American workers would typically be paid daily for the work that they performed that day. In fact, this idea is actually an ancient one. Look at some of the biblical texts and Jesus' parable on the workers in the vineyard and paying on a daily basis,' Teshka said. 'It was only once our Industrial Revolution really advanced further that we got into the modern payroll system where workers now could be paid on a weekly basis — or could be a biweekly, even a monthly basis,' he continued. 'Those workers sometimes can go weeks, even a month, without receiving payment for the work that they've already put in. And so during that intervening period, of course, unexpected expenses may pop up, things may happen that leave workers struggling to pay their bills.' Teshka pointed to 'innovative companies' that have since made it possible for workers 'to access the money that they've already earned — we call that earned wage access.' EWA is intended to differ from payday loans that are short-term, high-cost personal loans with steep fees and high interest rates. Payday loans are typically due on an employee's next payday, while EWA is designed for employees to receive money for hours they've already worked. These service providers often integrate directly with a companies' payroll system. Multiple EWA service providers operating in Indiana spoke in favor of the bill, but Erin Macey, director of the Indiana Community Action Poverty Institute, worried the bill does not do enough to ensure that services don't become predatory. 'We do want earned wage access providers to be licensed and regulated, but we have concerns that while HB 1125 provides some guardrails, there are significant omissions,' she said, noting that the bill does not set limits on overall fees or charges for using EWA services. 'Because we're classifying earned wage access products as outside of the scope of Indiana's lending laws, they are not subject to rate caps, fee limits, or our criminal loan sharking statute,' Macey added. 'While you may hear today about options that are more affordable than a payday loan, the fact that there is no limit whatsoever on the charges for these products is an extremely concerning omission.' Nationwide, dozens of EWA providers make such early pay available to millions of U.S. workers, mainly those who are hourly. EWA has mostly remained unregulated, although a handful of states began passing laws that are friendly to the industry over the last year. Providers have largely backed policies that call for oversight in the form of EWA registration at the state level, as well as rules to require certain annual reporting requirements. State laws have typically refrained from treating EWA providers like lenders. Even so, the Consumer Financial Protection Bureau countered that legislative trend when it issued an interpretive rule last year, which said that existing laws require EWA providers to abide by federal lending laws, like the Truth in Lending Act. To date, more than 300,000 Hoosiers have used EWA services and more than 3,000 employers offer EWA benefits to their workers, said Ashley Urisman, director of state government affairs at the American Fintech Council. Included in Teshka's proposal are licensing and reporting requirements for EWA providers. The representative additionally outlined several 'consumer protections' in the bill that prohibit late fees or interest on EWA products, as well as credit checks or credit reporting for those using the service. The bill also requires at least one cost-free option for accessing early wages. Teshka said that's often already the case for Automated Clearing House, or ACH, by which funds are transferred directly into a person's bank account. That option sometimes takes several days, while other options — often requiring a fee — could see dollars transferred faster. Andrew Welch, government relations manager for DailyPay — the country's largest EWA company — said that company has operated in Indiana since 2015 and is partnered with more than 625 in-state businesses. Welch said roughly 155,000 Hoosier employees already use DailyPay. Welch said DailyPay integrates directly with companies' existing payroll providers and maintained that users 'are not accessing credit or being advanced funds beyond what they have earned, based on projected wages.' That's different from payday loan providers, which typically do not require such integration for loans. Hoosiers paid $29 million in 2021 for payday loan finance charges, report finds 'EWA is popular with businesses because it reduces employee turnover, absenteeism, and helps attract employees to fill open positions,' Welch said. 'It's popular with employees because Indiana workers today expect life on demand, including from HR departments and payroll systems.' DailyPay offers instant delivery of earned wages to a bank account for a one-time fee of around $3.49, or at no cost for a bank transfer taking one to three business days. 'This bill, if passed, would provide for a responsible, consumer protection-oriented approach to regulating earned wage access services, ensuring innovative services continue to be available to help Indiana workers access their money that they have already earned when they need it at low or no cost,' Welch said. Ben LaRocco, senior director of government relations for EarnIn, one of the largest providers of earned wage access services, said more than 100,000 Indiana residents have used that company's product, including more than 42,000 in the last year. Top Hoosier employers include Amazon, Lowe's, Community Health Network, IU Health and the U.S. Postal Service. EarnIn charges a fee — between $2.99 and $4.99 — for some of its services, but LaRocco said about a third of users choose an option to pay 'nothing at all.' 'In financial services, a lot of things are regulated, almost everything. So, as we have matured as an industry, we need to talk to lenders that help us facilitate funds for the transaction. We are talking to businesses who want to partner with us. We're talking to investors who want to invest in us so that we can continue to grow. And because we're not in this category, we're kind of on our own, because there's not a unique regulatory space,' LaRocco said. 'Some of those larger, more established entities have concerns with uncertainty. So we want to provide that certainty for our partners, and we want to provide certainty for our customers, to ensure that they can rely on us to be around.' Macey, with the Community Action Poverty Institute, was neutral on the bill but expressed concerns on behalf of her organization and multiple others from across the state. She maintained that, at a minimum, lawmakers should ensure EWAs are 'no more expensive than a payday loan.' 'We know that, as a general rule, living paycheck to paycheck when folks need to borrow cash — they're unlikely to be able to pay it back successfully from their next paycheck,' Macey said. 'And this sets up a cycle of borrowing and reborrowing, that many refer to as a debt trap. Already in the data available on EWAs, we see clear signs of this.' A California analysis, for example, found the average APR for EWAs in that state was over 300%. Macey also pointed to other data showing that reborrowing makes up 'a significant share of the market,' with 75% of consumers taking out EWA loans within 24 hours of repayment. In a recent nationwide analysis by the Consumer Financial Protection Bureau, the average user had 27 earned wage transactions per year. The current minimum term for a payday loan is 14 days, but Teshka's bill sets no minimum terms for EWAs. 'I would encourage you here, and in the context of other loans, to set a minimum term that offers a reasonable amount of time to repay,' Macey said. She urged, too, that EWA providers be required to report an APR to borrowers 'to facilitate comparisons across different types of credit.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
