New law prompts change

City halts enforcement of misdemeanor marijuana possession after passage of Ohio SB57 on hemp

Heeding the advice of the Lorain County Prosecutor’s Office, the Vermilion Police Department has ceased enforcement of misdemeanor marijuana possession or marijuana paraphernaliarelated possession following passage of Senate Bill 57.

The bill, which works to decriminalize hemp and license hemp cultivation, was passed in the Senate on March 28 and then was passed and amended in the House on July 17 of this year. It was sign by Gov. Mike DeWine.

Police Chief Chris Hartung said during an Aug. 12 Health & Safety Committee meeting that with an inability to differentiate between marijuana and hemp, both the county and local

prosecutor’s office have been offering guidance to the department to stop enforcement at this time.

He said the Bureau of Criminal Investigation has no way of measuring the levels that differ between marijuana and hemp.

Misdemeanor cases include possession of less than a pound of marijuana, and possession can be retained, as there’s two years to revisit the issue, according to Hartung.

Currently, the department will be waiting to see where legislature will take the issue and if equipment to test the difference between hemp and marijuana can be made available.

Ward One Councilman John Gabriel said the bill in itself also throws a curveball for the city, as the police department has committed to its second drugsniffing dog.

“Vermilion’s got an investment in preventing drugs from coming into the community, a significant investment,” he said. “We’ll have to see how it plays out.”

On the flip side, the bill would prevent the courts from filling up on cases regarding marijuana, Gabriel said.

With the city’s Planning Committee readying for a public hearing on a zoning ordinance for medical marijuana Sept. 23, Gabriel said he doesn’t see the bill’s passage significantly changing the committee’s conversation.

“The state keeps moving the goal post,” he said.

“It won’t change our conversation because what we’re talking about is not the legalization.

“What we’re discussing is if we’re allowing it in Vermilion as agriculture or distribution.”

Although the committee is not discussing the legalization of marijuana, Gabriel said the issues can be easily muddied by the public.

“I do think some people do have a hard time separating those two issues (of legalization and zoning,)” he said.

Gabriel said that he believes the best way to bring the issue of zoning to the public is putting it on the ballot after the public hearing to get a better representation of those the committee represents.

Those residing in Ward 5 may have opinions of particular interest, since a lot of agricultural land resides in that ward, according to Gabriel.

“A decision like that really should go before the voters, in my opinion,” he said.