Marijuana laws put officers in gray area

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With the enactment of Ohio’s recreational marijuana law, approved by voters in the Nov. 7 general election, area law enforcement officials have more questions than answers about what the new law will actually look like.

Ohio voters, by a 14 percent margin, approved a ballot initiative in November to legalize the use of cannabis by adults. The new law allows adults age 21 and older to use, possess, grow, purchase and transport marijuana without being subject to arrest, criminal prosecution or civil penalties.

But because the measure was a ballot initiative and not a constitutional amendment, state lawmakers can adjust or even repeal the law in the future. Legislators in the Republican majority in the Ohio Statehouse have pledged to tweak the law, but no such revisions have as yet been enacted.

Ohio Gov. Mike DeWine, Senate President Matt Huffman (R-Lima) and House Speaker Jason Stephens (R-Kitts Hill) have each voiced support for various changes to the law, but no concrete provisions or guidelines have been inserted into the measure.

That leaves law enforcement officials caught in a legal gray area.

Asked how the new law will affect enforcement efforts on the part of his deputies, Highland County Sheriff Mike Donnie Barrera said he is not sure yet. “It hasn’t been in effect yet long enough for us to really see the repercussions of anything at this point,” he said. “It’s just come in, and they’ve got things going on up at the statehouse to try to do some things to change things right now, but we’re not doing anything different right now.”

Even basic questions — such as, can cannabis be smoked in public? — have not been addressed to the satisfaction of law enforcement officials.

“I’m still getting information from different parts of the attorney general’s office and stuff like that, so I’m sure it’s going to change things, but at this present time they’re still sending out information on it, so I can’t say to what extent,” said Greenfield Police Chief Jeremiah Oyer. “We’re following the law that passed, but until they come up with their final decisions of how it’s going to be handled, I can’t say how much or to what extent it’s going to affect my department.”

Reach John Hackley at 937-402-2571.

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