Proposed legislation making its way through the Indiana Statehouse could have a huge impact on the Marion County prosecutor’s decision to not prosecute people charged with possessing small amounts of marijuana.

INDIANAPOLIS (WTHR) — Proposed legislation making its way through the Indiana Statehouse could have a huge impact on the Marion County prosecutor’s decision to not prosecute people charged with possessing small amounts of marijuana.

Senate Bill 436 carries a message to prosecutors across the state.

It’s author insists they can’t decide which laws they are going to prosecute.

Marion County Prosecutor Ryan Mears dismissed 340 pending marijuana cases, and decided not to take another 100 to court, since he stopped prosecuting people arrested for having less than an ounce of marijuana.

“We think the end result is we have made Marion county a more fair place,” Mears said.

But some lawmakers believe it’s far from fair.

Senator R. Michael Young wants to stop so called social justice prosecuting.

“These new younger prosecutors are just making a decision that they are not going to prosecute certain crimes,” Young said.

The Indianapolis Republican introduced a bill, allowing the attorney general to step in, take over cases local prosecutors decide not to prosecute and then send them the bill.

“Just to have a policy that says, I don’t like this law I am not going to prosecute is going in the wrong direction,” Young said.

Mears insists the current law puts a disproportionate number of minorities in jail and consumes resources that should be devoted to combating more serious crimes.

“Our most important priority is violent crime and making sure our priorities are addressing the issue of violent crime.” Mears said.

Meanwhile, Democrats are once again pushing legislation that would decriminalize the possession of less than an ounce of marijuana.

"No more jail time,” said Senator Karen Tallion. “No more criminal records and you know what? This is the will of the people of Indiana."

According Tallion, a Ball State University survey found almost 8 out of 10 Hoosiers favor less severe marijuana laws.