Police chief weighs in on city’s pot policy

It has been several weeks since Wickliffe Mayor John Barbish issued a directive to his city’s police force that restructured the manner in which low-level marijuana possession was handled.

While still a federal and state criminal offense, any personaluse marijuana found on a person within Wickliffe is to receive no fine, citation or arrest.

The legislation shift mirrors similar changes made in several other cities within Ohio, most recently Cleveland whose council voted to make no arrests or issue citation to anyone found with less than 200 grams of marijuana.

Barbish has stated his motivations for the change stem from a desire to reallocate police resources to crimes of higher

significance. In past interviews, the mayor also highlighted potential hypocrisy in the drug’s illegality with medical marijuana dispensaries, like the Botanist medical marijuana dispensary, within city limits.

Just over a month into the “no fine, no time” policy Barbish instituted, The News-Herald sat down with Wickliffe Police Chief Randy Ice to discuss how the change has affected police procedures, if at all.

“The way the law is written, the mayor and his safety director have the authority to direct us to not write citations for possession under 100 grams. I disagree with it,” Ice readily admits. “(Barbish) hadn’t been in discussion with me when he came out with the directive. Actually, it came out late on a Friday, I think it was. I had actually already gone home for the day and came in the next day and saw the directive. I was very concerned about it.”

The two soon met in an attempt to iron out potential loopholes.

“At first, (Barbish) wanted me to not write tickets, even at schools,” Ice said. “That creates a problem.

“We have a school resource program with a number of our guys signed up that work four-hour blocks at the high school, funded by school,” he continued. “In the past, when we catch kids with marijuana, up until this directive, we would write the citation and confiscate the marijuana and notify the parents. I believe the school used that as a tool to support a suspension.

“Also, I can’t give marijuana back to kids. That’s a fourth-degree felony. In fact, if it’s in the vicinity of a school, it’s a third-degree felony,” the chief added. “I explained and he understood; he made the decision without understanding all of the ramifications.”

The discussion led to the alteration that the new directive will only apply for adults and as long as the possession is under 100 grams.

Initially, Barbish was reticent to put a specific weight limit on what constituted personal possession, stating in past interviews, “I trust the patrol officers to use their best judgment in those situations” and “From what the reports I’ve read, it’s either a few grams for themselves or they have a pound already split up for sale along with other paraphernalia.”

One of the stated reasons Barbish issued the “no fine, no time” directive was to allow the police department to refocus resources and attention to higherlevel threats and crimes. Several weeks after the policy change Ice was asked if it had made any impact on the department’s resources or time allocation.

“No. No it has not,” he answered. “There has been no reallocation of resources.”

While still in discussion, potential legislation may find its way to the November ballot which would seek to allow up to 200 grams for personal use, according to Ice. The police chief explained that a vote would be required because 101 grams up to 200 reaches a fourth-degree misdemeanor and would be beyond the ability of a mayor to disregard.

Whether or not the higher weight limit makes it to a ballot, the current directive stands.

The mayor did not immediately respond to a request for comment.

“(Barbish) hadn’t been in discussion with me when he came out with the directive. Actually, it came out late on a Friday, I think it was. I had actually already gone home for the day and came in the next day and saw the directive. I was very concerned about it.” — Wickliffe Police Chief Randy Ice

SUBMITTED Wickliffe Police Chief Randy Ice