ROBERTO VALDIVIACincinnati City Council could soon vote on ordinances that would eliminate jail time, fines and court fees for those caught with small amounts of marijuana this week.

Vice Mayor Christopher Smitherman and council member Jeff Pastor are sponsoring the legislation. They say racial and economic equity are a big part of their effort.

But others — including law enforcement officials — are skeptical.

Council’s Law and Public Safety Committee, which Smitherman chairs, discussed the proposal today.

"We want to decriminalize marijuana," he said. "We are tired of seeing our young brothers and sisters being put in jail for less than 200 grams of marijuana. That destroys their lives for a joint."

Smitherman, who is running for Cincinnati mayor in 2021, says it is unfair that major corporations can legally profit from marijuana in many states, but someone caught with a joint can end up penalized.

Currently, possession of more than 200 grams (about seven ounces) of marijuana is a felony in Ohio.

The two proposed versions of the legislation wouldn’t change that. But one would eliminate criminal consequences — including a criminal record — for those caught with less than 200 grams. Another would do the same for amounts less than 100 grams. The city could opt to make that change permanent by asking city voters to amend the city's charter.

In Ohio, 100 to 200 grams of marijuana is a misdemeanor that can result in up to 30 days in jail and a fine up to $250. Anything less than 100 grams in Ohio can result in a fine up to $150.

Eleven Ohio municipalities, including Dayton and Norwood, have passed similar measures. But the police department in the latter has continued citing those found with marijuana under state law, media reports say.

Case law in Ohio has established that a city can set a misdemeanor offense and the penalties for it, the city's law department says.

Police Chief Eliot Isaac said today that CPD will follow any legally enforceable ordinance council passes. But he, along with council member Amy Murray, had concerns.

"I'm very sensitive to the comments that council members Smitherman and Pastor have shared," Isaac said. "However, a half a pound is something we need to consider very hard when we consider what is used for personal use and what is used for distribution. That's something I'd like to see us work through before council passes this."

Murray said she didn't have enough information to vote for either of the proposals yet. She wanted to know how many joints the weights stipulated represent, what the Ohio State Patrol and Hamilton County Sheriff's Department will do if the law passes, what the age limit would be for smoking marijuana if it is decriminalized and what happens to those caught smoking in public.

"This is just important because it's a huge topic," Murray said. "People want to know what is going to happen."

Despite legalization in a number of states including Ohio for medicinal use, the federal government lists marijuana as a Schedule 1 drug — meaning the government says it has a high potential for abuse and no safe medical use. Heroin, LSD, ecstasy and other drugs are also on the list.

“The fact that marijuana is listed as a Schedule 1 drug with heroin and methamphetamines is ridiculous,” Pastor said, noting that penalties for marijuana possession often fall disproportionally on communities of color. “What we do in the city is incredibly important and I hope leads to a more robust discussion about changes in the law on the state level," he said.

“My grandmother smoked every day to calm her nerves,” Pastor continued. “I’d rather you do that than drink and drive and kill somebody.”

Law and Public Safety passed the ordinances today. Full council will debate on the two initiatives — and vote on whether to pass one — soon. An effort to amend the city's charter above and beyond the ordinance would need six council votes to get on the ballot for city voters to approve.

Smitherman today promised that he would mount a petition drive for a ballot initiative if council did not pass the measure.

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