In light of the passage and signing of Senate Bill 57 in Ohio, Columbus City Attorney Zach Klein announced on Wednesday that his office would no longer be prosecuting misdemeanor cannabis possession cases.
“Following the recent hemp legislation passed by the State Legislature and signed by the governor, the Columbus City Attorney’s office will no longer be prosecuting misdemeanor marijuana possession cases,” said Klein in a statement. “And we are dismissing any current pending misdemeanor marijuana possession charges.”
Senate Bill 57 recognizes a distinction between hemp and marijuana and requires drug testing to differentiate between the two.
Without the proper technology to make the distinction, the City Attorney’s Office is unable to prosecute misdemeanor possession cases beyond a reasonable doubt under the new law.
Klein says that SB57 has opened up a conversation about how misdemeanor cannabis possession cases should be handled in the future.
“Considering the substantial cost of new equipment and testing versus the possible benefit of prosecuting these often-dismissed cases, in addition to the recent ordinance passed by Columbus City Council,” says Klein. “We plan on engaging in further discussions on whether to make this new policy permanent.”
According to the new policy, the City Attorney’s Office will dismiss all cannabis possession charges, but not accompanying charges unless there is a “separate and distinct reason to do so.”
Because cannabis possession remains illegal in Ohio, the policy states that police officers can conduct stops and searches and have reasonable suspicion or probable cause to believe someone is breaking the law by possessing marijuana.
Cases of driving under the influence of cannabis will be reviewed on an individual basis.
The new policy is effective immediately.
