DAYTON CHIEF TELLS POLICE HOW TO HANDLE CITY’S NEW POT RULES

Newspaper obtains Biehl’s executive order outlining new rules.

Dayton voters overwhelmingly said last year they favored reducing penalties for misdemeanor marijuana crimes, and the mayor last month said she hopes fewer people will be charged after changes to the city code.

Now, Dayton police Chief Richard Biehl has instructed officers not to charge minor misdemeanor marijuana and hashish offenses under state code, except if they suspect the possession is related to drug trafficking or could result in “companion charges” for more serious offenses.

Biehl also told officers if they choose to use their discretion and warn people caught with pot instead of issuing a citation, they still need to confiscate the contraband and place it in the property room for destruction, according to an executive order from Biehl obtained by the Dayton Daily News.

The police chief’s instructions came as Dayton’s new rules regarding small amounts of marijuana possession took effect Thursday, reclassifying certain pot-related offenses as minor misdemeanors and eliminating the fines for minor misdemeanor marijuana and hashish convictions.

“We recognize that marijuana laws don’t make any sense any- more, based on public opinion and what is normal public safety,” Dayton Mayor Nan Whaley said.

She had said the city would have taken steps to legalize marijuana in the city if voters approved, but that option was not on the table.

Biehl’s Feb. 8 executive order lays out the changes in Dayton municipal code.

Biehl told police that officers’ good judgment and use of discretion in the enforcement of minor infractions is key to changing or preventing illicit behaviors.

He wrote, “Nothing in the new (Dayton code) or in this executive order changes the officer’s options as it relates to enforcement action.”

He also said that marijuana can be an important part of officers’ investigations that may lead to the discovery of more serious offenses. He said suspects should be charged under state statute instead of city code when more serious charges are anticipated and pursued.

Whaley has said she hopes fewer people will be charged, an outcome that would be consistent with the will of the people — which she says is legalization.

Though Dayton has amended the city’s marijuana laws, Ohio’s laws remain unchanged. Authorities still have the option of charging violations under state law.

A Dayton Daily News analysis of Dayton municipal court records last year found that police charged people caught with small amounts of marijuana under state code about 80 percent of the time.

But the chief ’s executive order says officers “will use” city code for minor misdemeanor marijuana and hashish offenses. Biehl also reminded officers that suspects in minor pot offense cases will not face fines in Dayton Municipal Court.

Biehl told officers when they file minor misdemeanor charges under state law, they should record “aggravating circumstances” that led to the charges.

Police have a duty to uphold the law, but they have a lot of discretion, and nearly three-fourths of Dayton residents support decriminalizes minor pot offenses, said Whaley.

It does not make sense to put people in the criminal justice sys-

continued from B1 tem for possessing a drug that most people have used and that is not more harmful than alcohol, she said.

Six in 10 Americans now favor legalizing marijuana, and a greater share of mil- lennials support legalization, assistant city attorney Martin Gehres said last month.

Ten st ates have legal- ized marijuana for recreational use, including Michigan, which became the first Great Lakes state to make the change, Gehres said. Medical marijuana is legal in Ohio.

“Michigan was the first one to do it within our region, but as usually things work in the Midwest, we tend to domino shortly after,” he said. Contact this reporter at 937225-0749 or email Cornelius. Frolik@coxinc.com.