The Free Press -- Independent News Media

Tue Feb 09 2010

Journal
May-June 2004

Marijuana Law, From Decriminalization to Re-Criminalization
by Russell Selkirk & Sean Luse
May 23, 2004

Laws regarding marijuana sale, possession and cultivation vary greatly from state to state. While federal laws such as the Controlled Substances Act and the Comprehensive Drug Abuse Prevention and Control Act of 1970 have sought to consolidate laws regarding marijuana and narcotics, each of the 50 states have put into effect their own policies regarding marijuana. Because of this federalist approach to controlling drug policy, Ohio along with Oregon, Colorado, California, Arkansas, Maine, Minnesota, Mississippi, New York, North Carolina and Nebraska have passed laws decriminalizing small amounts of marijuana.

Smoking, Growing and Selling in Ohio

In 1975, the Ohio legislature joined California, Oregon, New York and several other states in de-criminalizing small amounts of marijuana. The Ohio revised code was amended to state that possession of less than 100 grams of marijuana is a civil citation carrying a fine of $100. The sale or delivery of 20 grams or less of marijuana, for no remuneration (payment), is also considered possession, and is a civil citation carrying a $100 fine.

Relatively speaking the cannabis laws in Ohio are some of the most lenient in the United States. The Ohio Constitution contains a provision known as the ‘Home Rule Clause’ which allows municipalities to enact legislation specific to their locales. Because of this clause a handful of municipalities have enacted tougher marijuana laws, but Ohio residents as a whole still enjoy more cannabis freedom than most U.S. citizens.

The most serious challenge to decriminalization in Ohio has been the Paraphernalia laws. Possession of drug paraphernalia is a misdemeanor punishable by 30 days in jail and a $750 fine. Since paraphernalia laws carry a much harsher penalty than possession laws, police and prosecutors have become masters at convincing judges that anything and everything is drug paraphernalia. In some places in Ohio, citizens found smoking a joint are more likely to be arrested for possession of paraphernalia (the rolling papers in their pocket) than actually being charged with marijuana possession.