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(TOLEDO, Ohio)—Ohio Attorney General Mike DeWine today announced
that the State of Ohio has filed a lawsuit against the City of Toledo over
certain provisions in the “Sensible Marijuana Ordinance” passed in last month’s
Toledo municipal primary. The lawsuit, which lists the State of Ohio, Lucas County
Prosecutor Julia Bates, and Lucas County Sheriff John Tharp as plaintiffs, was announced by DeWine at a news conference surrounded by law enforcement
officials.
“This ordinance encourages drug cartels to set up marijuana
distribution operations in Toledo with less fear of prison or penalties,” said
Attorney General DeWine. “Absent legal action, it is not hard to imagine
international drug rings making Toledo their regional base of operations.”
The lawsuit, filed in Lucas County Common Pleas Court,
challenges four provisions of the ordinance as unconstitutionally conflicting
with general Ohio laws:
- A “gag-rule” which
prohibits Toledo Police and the Toledo Law director from reporting any
marijuana crime to any authority other than the city law director. This
would prohibit crime reporting to county agencies, such as the prosecutor
and children’s services agencies, as well as all state agencies.
- Provisions which make
felony marijuana possession a negligible municipal offense.
- Provisions which make
felony marijuana trafficking a negligible municipal offense.
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Provisions which
decriminalize illegal possession of Schedule III, IV, and V drugs,
including certain dosages of
prescription opiate painkillers, such as hydrocodone and morphine; anabolic steroids; and dangerous depressants,
such as Xanax and Valium.
DeWine stated his concerns that the ordinance reduced felony
marijuana trafficking to zero prison time and zero fines, regardless of the
amount of marijuana involved or even where the offense took place, such as at a
school. DeWine noted a recent Ohio State Highway Patrol arrest of two
Washington state residents on the Ohio Turnpike in Lucas County. The two
defendants were charged with trafficking 223 pounds of marijuana with a street
value of $1.13 million. Under Ohio law, they face a mandatory prison sentence
of up to 16 years in prison and up to a $30,000 fine. If they had been charged under
the new Toledo Ordinance, neither would serve prison time nor pay a fine for
such a crime.
The lawsuit seeks to have the conflicting provisions
invalidated. The lawsuit also seeks a preliminary injunction so that Ohio law
prevails while the lawsuit makes its way through the courts.
A copy of the lawsuit is available on the Ohio Attorney
General’s website.
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