“Citizen initiatives are limited to one subject, which makes it hard to tackle many different things.”
By Megan Henry, Ohio Capital Journal
The automatic expungement of cannabis charges in Ohio would not be possible if Issue 2 legalized marijuana.
Tom Haren of the Coalition to Regulate Marijuana Like Alcohol said that the tax revenues from legalizing marijuana could be used to fund the Social Equity and Jobs Program Fund, which would help to reform criminal justice.
He said that the fund, in addition to direct investments to communities disproportionately affected, is designed to fund and steadily criminal justice reform efforts, including sentencing, bail, parole, record sealing and expungement.
Issue 2 is an initiative by citizens that would regulate and legalize the cultivation, manufacture, testing, and sale of marijuana for Ohioans aged 21 and older.
Haren explained that citizen initiatives are restricted to one subject, which makes it hard to tackle many different issues. “We had be very careful about how Issue 2 was tailored.”
Under Issue 2, Ohioans would be able to buy and possess 2.5 ounces (just over 70 grams) of cannabis flower. Possession of up to 100 g of marijuana is currently a minor offense punishable by a fine between $150 and $250.
“We have seen that over the years, a small interaction with criminal justice makes it difficult to get a school loan, a job or a job. It leaves people with no options,” Haren explained.
23 states, including Washington D.C., have legalized cannabis for recreational use.
Morgan Fox, the political director of the National Organization for the Reform of Marijuana Laws, said: “We have seen a marked decrease in the number of arrests for possession in every state that has legalized recreational marijuana.”
The COVID-19 pandemic is likely to be the reason for the drop in arrests of marijuana. The focus has also been on other drugs.
Fox stated that “Fentanyl, and other opiates, have been Ohio law enforcement’s top priority for many years.”
The National Incident-Based Reporting System provides the FBI with information about marijuana arrests in Ohio.
- 2018 — 18,335
- 2019 — 13,457
- 2020 — 5,554
- 2021 — 6,450
Last fall, President Joe Biden declared that he would pardon all previous federal offenses for simple possession of marijuana. At the time, officials said that no one was serving time for simple marijuana possession in federal prison. Many people are convicted of marijuana possession or use at the state-level.
Expungement
Ohio Gov. Mike DeWine, Ohio’s governor, signed into law a bill earlier this year that made it easier for misdemeanor convictions to be expunged. This includes low-level charges of marijuana possession.
Six months after the final release of minor misdemeanors, and one year following final releases for all other misdemeanors, an application for expungement may be filed. A local Court of Common Pleas can receive an application for expungement. The judge will then call for a hearing to be held with the original prosecutor. The judge is ultimately responsible for deciding whether to grant or deny expungement.
Smart cities
Sensible Movement Coalition has decriminalized cannabis in 38 Ohio cities. Decriminalizing marijuana removes all penalties for less than 200 grams, which means no fines, no court costs or time.
Samantha Farrell is the initiative director for the coalition. She said: “If you are charged and you go to court, there’s nothing the judge can charge you with.”
In 2015, Toledo became the first city to decriminalize marijuana.
War against drugs
Derek McClowry, Canton Municipal Court Magistrate, shared his experiences as a probationary officer during the drug war in the 1990s at a Canton League of Women Voters issue 2 panel held earlier this month.
He said, “Back then, the war on drugs was usually crack cocaine, but everyone, I mean everyone used marijuana.”
He sent people to treatment centers for positive drug tests as part of his job as a probationary officer.
McClowry stated, “Some would succeed but most would fail and we would then send them to jail.” “I played a major role in this and thought I was doing God’s good work.” “I thought I was doing God’s good work and I believed I was a good guy.”
He said that people would spend five to twenty-five years in prison for smoking marijuana.
McClowry stated that “the pendulum eventually swung just a bit.” “It is almost decriminalized legally, but in practice it is decriminalized… It’s just not viewed the same.”
Originally published in the Ohio Capital Journal.
The first time Marijuana Moment published the post Ohio Ballot measure to legalize marijuana won’t automatically expunge prior convictions.
