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What's Next for Marijuana Policy in Ohio?

In 2016, the Ohio legislature passed HB 523, legalizing medical cannabis. The state intends to have a fully functioning medical marijuana distribution system up and running by September of 2018.

Cole Memo Repealed

However, U.S. Attorney General Jeff Sessions threw a wrench into legalized marijuana systems in Ohio and other states last week when he repealed an Obama-era policy—known as the Cole memo—of leaving law-abiding marijuana businesses alone in those particular states. Federal prosecutors are now encouraged to enforce federal law, which is that marijuana is considered a Schedule I drug according to the Controlled Substances Act of 1970.

Establishing Medical Marijuana Program

But despite the move by Sessions, Ohio regulators are moving ahead with establishing the state's medicinal pot program. Last November, the state gave out provisional licenses to two dozen cannabis cultivators, and licenses will be given in the following months. The state program will be completely operational by September 8.

State medical marijuana programs are still protected by a federal budget amendment—the Rohrabacher-Farr amendment—that prohibits the Department of Justice from spending money on enforcement in those states. However, this amendment expires on January 19th, which means Congress must act immediately to protect Ohio patients’ access to legal medical marijuana.

Marijuana Possession Laws

In Ohio, marijuana possession of fewer than 100 grams is considered a minor misdemeanor, which is punishable by a maximum fine of $150, plus court costs. Possession of 100 or more, but less than 200 grams of cannabis is a fourth-degree misdemeanor, which results in a jail sentence of up to 30 days and a maximum fine of $250.

If you have been arrested for a drug crime in Ohio or would like to find out more information about Ohio marijuana law, contact our Cleveland criminal defense attorney at Patituce & Associates today.

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