by Athena Cocoves

The issue of cannabis legalization is certainly in our future, the questions remain — when? How? Under what regulations? What happens next?

Restless supporters advocating for Ohio legalization provide several answers. Statewide initiatives are circulating petitions regularly, hoping to make it to the ballot.

Washington and Colorado has legalized recreational marijuana use, and are now seeing growing (pun intended) profits. Ohioans, at this point, are left to only observe the spectacle of this cash crop as it changes economic landscapes. As the cost to deter and prevent criminal use in our state adds up, we yearn for the potential profits. What was once an initiative of moral defense has quickly become a numbers game, and both lifestyle tokers and the straight, financially minded agree that the cannabis debate is out of balance and something needs to be done.



IrresponsibleOhio?

Weighing the options

ResponsibleOhio, an organization supporting a proposed cannabis legalization amendment, emerged on the scene in January as a well-funded entity, aiming for the 2015 ballot. Despite being the largest statewide legalization effort, other initiatives also propose changes in Ohio law to allow for varying degrees of marijuana legalization/decriminalization, aiming to be on the ballot for the 2016 elections.

Lucas County Commissioner Pete Gerken has endorsed ResponsibleOhio and has also spoken publicly in favor of the potential amendment. We spoke to Gerken about the criticisms RO has received: “I am in support of the initiative… I cannot say it is the best method to address this issue, but the issue needs to be addressed and the good of the initiative outweighs the bad. Marijuana is a growing social issue and in Ohio we missed the opportunity to be a leader on marriage equality and voting rights. Marijuana is a significant weight on the criminal justice system. Enforcement of the current criminal laws results in disproportionate black arrests. This initiative to amend the constitution of the State of Ohio is similar to what occurred with legalized gambling – the legislature refused to act. Do I want a constitutional amendment? Not necessarily, but it seems that is the only was to do this now. Is this (RO) the right model? Maybe. Is this a practical way to move the issue forward? Yes.”

Whether ResponsibleOhio will appear on the November 2015 ballot is still uncertain as of press time for this article. Many are excited by the claims advocated by ResponsibleOhio, however other activists are critical of the specific language of the proposed amendment, pointing to certain key aspects as problematic.

The objections and criticism of the ResponsibleOhio proposed amendment focus on 5 key areas:



Establishing an Ohio Marijuana Control Commission to regulate and have complete control of every aspect of Ohio’s potential cannabis industry. Responsible Ohio would effectively stifle research as “The Commission serves as a clearing house for scientific and medical research on marijuana products.” Rights to research would be restricted to the RO facilities, preventing research with separated financial interests. The proposed law “limits production to 10 tightly regulated, heavily taxed growing locations” placed in Bulter, Clermont, Franklin, Hamilton, Licking, Lorain, Lucas, Delaware, Stark and Summit counties.” These sites have already been decided and paid for by those funding RO, allowing them access to massive profits without competition in Ohio’s potential cannabis industry. The user will be limited to “personal use… of one ounce or less by individual 21 years of age or older,” including “equivalent in marijuana-infused products, as determined by the Commission,” forcing patients with debilitating diseases to make frequent visits to dispensaries for medical needs. Possessing more than one ounce would remain punishable offense. A person over 21 can home-grow cannabis in an amount not to exceed four flowering marijuana plants and eight ounces of usable homegrown marijuana at a time, so long as they have obtained a non-transferable license…” This is problematic — if four plants produce more than 8 ounces, it violates the law, especially difficult for new growers to accurately assess.

Many other questions remain such as, should we be amending the State Constitution for this issue? Are the interests of a few wealthy supporters supplanting the best interests of the rest of Ohio’s citizens in this instance? Is this first ballot attempt (assuming the Responsible Ohio’s amendment questions is certified to the ballot, which will not be determined until after press time for this article) the correct approach? Are other reform efforts worth waiting for (see graphic next page outlining other efforts to reform marijuana laws in Ohio)?

Answers to these questions are not clear, but informed citizens must be vigilant in monitoring the developing story on this topic.



Toledo’s Sensible Option

Toledo will definitely be voting this year on whether or not to lower penalties on marijuana offenses. The Sensible Marijuana Ordinance (toledonorml.org) will be on the ballot in an otherwise obscure city primary election on September 15. Issue 1 asks the citizens of Toledo to enact a local ordinance that would lower the penalties (lower than those imposed under state law) while shielding citizens from many harmful collateral consequences that come with a marijuana conviction. To merely change the penalty for a violation is not considered a conflict with state law, which will make this new ordinance enforceable, if Toledo voters approve it. The Sensible Marijuana Ordinance (SO) was brought to the voters by a grassroots group of local citizens who submitted approximately 13,000 signatures to qualify for the September 15 City Primary. Issue 1 will be the first opportunity presented to any Ohioan to cast a vote to reform marijuana laws. “Even for non-marijuana users, the current approach is just not working. We need to take a different approach to the whole situation and direct our limited resources to bigger societal issues, which is definitely not marijuana,” said Spiros Cocoves, a Toledo attorney, urging readers to Vote Yes on Issue 1 on September 15.

For those who want to see a change this year, but are concerned by the RO initiative, Toledo’s Sensible Marijuana Ordinance will allow for some leeway until additional options appear on the 2016 ballot. SO, unlike RO, will not legalize cannabis, but will allow for a city-wide decriminalization, granted by The Ohio Constitution’s “Home Rule” authority extended to every Ohio city. Not only would passing SO indicate a municipal interest in the legalization of cannabis, but it would also relax local policies.

Specifics of The Sensible Marijuana Ordinance include:

While still considering marijuana illegal under state law, there would be no fines or jail time for violations: anyone in violation would receive a citation with no fines or jail time for any marijuana offense, including paraphernalia.

Also, the ordinance prevents marijuana violations from being reported to any Professional Licensing Board Agency.





ResponsibleOhio

This well-funded proposed amendment was revealed in January 2015 seeking legalization for the user, but limiting production to “10 tightly regulated, heavily taxed growing locations.” Critics claim this is the basis of a cannabis monopoly, while others argue that it will provide the base of a booming cannabis industry. Ohio Rights Group

Seemingly short on signatures for the November 2015 election, the Ohio Cannabis Rights Amendment would create a 9 member oversight board. The amendment would allow Ohio residents, ages 18 and older, to possess, acquire, and produce medical cannabis. Hemp will also be declassified, giving farmers room to grow new crops. Ohioans to End Prohibition

The Cleveland-based group announced plans in January to campaign for a 2016 constitutional amendment which would fully legalize recreational and medical cannabis. The “Cannabis Control Amendment” would not limit cannabis production to State-designated locations. Better for Ohio

Approved by the Ohio Ballot Board in May, the initiative would legalize hemp, medical cannabis, and recreational cannabis for personal use for adults ages 21 and older. While adults can grow up to 8 plants for personal use at a time, however, only 40 sites will be approved for retail and medical industry production. Responsible Ohioans for Cannabis

Targeting the November 2016 ballot, the End Ohio Cannabis Prohibition Act will encourage industrial hemp, allow adults over age 18 to produce and use cannabis and possess up to 99 plants and 99 kilograms of marijuana for personal use. Cannabis would not be taxed unless it is sold and, most liberally, cannabis criminal records would be expunged while inmates serving time for cannabis crimes would be released.

Ohio’s flowering history

Marijuana prohibition began in 1937. While some states began adopting varying degrees of legalization as early as 1996, Ohio has maintained its firm ban on cannabis. Although Toledoans, in particular, have the benefit of a “basically decriminalized policy,” there doesn’t seem to be enough to ease up on the public cost. To better understand Ohio’s complicated legal history, I spoke to my dad, Spiros Cocoves, a local criminal defense attorney who specializes in marijuana law.



A legal perspective:

“In 1976, the Ohio legislature adopted a bill that lowered penalties for possession, at that time a dramatic departure from jail time for even possessing the smallest quantity. That law made possession of less than 100 grams (3.5 oz) a minor misdemeanor resulting in a small fine. That fine today is $150. The penalties for possession of larger quantities increase commensurate with the amount of marijuana, with up to 20 years in prison for large amounts.

After nearly 40 years with decriminalized marijuana laws, the facts demonstrate that the legal consequences of a marijuana charge are more harmful than the actual plant itself. Although Ohio law has decriminalized possession of small amounts, there are still stiff collateral consequences such as the loss of your driver’s license — even when you are not in a car. Young adults are losing student loans and student housing, as a consequence of these civil violations. In Ohio, today we find that the use-rates of marijuana are actually lower than in many criminalized states with stronger penalties.”



Terms of the green wave

Is “marijuana” a racist word?

Originally used as a Mexican folk term for cannabis, “marijuana” was popularized in the American mainstream in 1937 by yellow press publisher, William Randolph Hearst, who appropriated the Mexican word to associate the plant with the brown-skinned people he loved to demonize, aligning anti-cannabis initiatives with prevalent, xenophobic agendas.

What does it mean to decriminalize cannabis?

Not the same as legalization, decriminalization removes the criminal prosecution from cannabis-related offenses. Cannabis remains illegal, but laws are amended making certain acts no longer subject to prosecution, but rather simply receiving a ticket (similar to a minor traffic violation). Small amount of cannabis won’t be prosecuted, eliminating a criminal record or jail sentence. Decriminalization relaxes laws for personal use, but does not allow for manufacturing, growing, trade, or sale, maintaining a black market, free from tax and regulation.

Wait, this is all still illegal on the Federal level. How does that work?

Federal law is superior to state law. The United States Department of Justice has an official policy against enforcing violations of federal law in states where medical or recreational use of drugs is permitted under state law. Federal prosecutors and agents enforcing federal law have, in recent years, not been very active in prosecuting marijuana cases, instead focusing on harder drugs, such as cocaine or heroin. Whether the next presidential administration follows a similar path is, of course, unknown. As more states legalize marijuana, state legislatures will come to rely on efforts to advance and support the generated tax revenue, likely enhancing legalization with the enthusiasm their predecessors used in defending the old criminal laws.

“Medical marijuana?” Is this a joke?

In short, no. Cannabis is a complex plant with many different strains, offering different cannabinoid-chemical compounds in cannabis, with a variety of effects, including reducing nausea and vomiting during chemotherapy, improving appetite of people with HIV/AIDS, and treating chronic pain and muscle spasms. Laboratory experiments suggest that cannabinoids have anti-carcinogenic and anti-tumor effects. Despite overwhelming empirical support from patients and doctors who have used cannabis to treat a variety of issues, it is still classified as a Schedule 1 drug, (along with heroin and GHB) rendering the U.S. study of cannabis nearly impossible.