A new ordinance in Toledo, Ohio, that cuts sentences for marijuana use and possession will turn the city into a haven for drug cartels, according to that state’s attorney general.

The “Sensible Marihuana Ordinance,” which was passed last month by voters 11,663 to 4,911, eliminated the punishments for possessing and trafficking marijuana, making the crime either a minor drug offense or a fifth-degree drug felony.

Ohio Attorney General Mike DeWine responded to the election by filing a lawsuit (pdf) in state court to get the ordinance thrown out. Not only are provisions of the new law illegal, according to DeWine, the “ordinance encourages drug cartels to set up marijuana distribution operations in Toledo with less fear of prison or penalties.

“Absent legal action, it is not hard to imagine international drug rings making Toledo their regional base of operations,” DeWine said in a press release.

In addition to altering penalties for marijuana crimes, the ordinance reduced the penalty for being caught with controlled substances such as painkillers or steroids. It even prevents police officers from reporting marijuana crimes to anyone other than the city attorney.

Toledo was able to pass the ordinance because it’s subject to Ohio’s Home Rule Amendment (pdf), which gives some cities the right to change how some crimes are charged.

-Noel Brinkerhoff

To Learn More:

Ohio AG Fights New Toledo Marijuana Law (by David Wells, Courthouse News Service)

Attorney General Mike DeWine Sues Toledo over Marijuana Decriminalization Law (by Jackie Borchardt, Northeast Ohio Media Group)

Ohio Sues Toledo over Marijuana Decriminalization Ordinance (by Mary Wisniewski, Reuters)

State of Ohio, et al, v. City of Toledo, et al (Court of Common Pleas, Lucas County, Ohio) (pdf)

Mexican Drug Cartels Threatened by Medical Marijuana Laws in U.S. (by Justin Tang, AllGov)