MARIJUANA LAW, FROM DECRIMINALIZATION TO RE-CRIMINALIZATION

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.