Toledo's Take on Marijuana Laws and Local Enforcement

Marijuana sales in Ohio have officially kicked off, but as more residents get their hands on cannabis, questions arise about how police are enforcing these new laws in Toledo and beyond.

Ohio legalized marijuana in December, yet a recent drug bust in Lucas County has left many still wondering about the specifics of marijuana ownership laws. Understanding the legal landscape is crucial for both residents and law enforcement.

A crucial component of the new regulations stems from the local business prohibition statute. This statute allows Ohio municipalities to enact ordinances that either permit or prohibit adult-use cannabis businesses within their jurisdictions. As of September 6, 2024, 110 municipalities have enacted moratoriums on adult-use cannabis businesses.

Interestingly, Ohio's numbers are quite different compared to other states. For example, 73% of Michigan municipalities have opted out of legal recreational cannabis, whereas less than 5% of Ohio’s incorporated municipalities have passed moratoriums.

Under Ohio Revised Code Section 3780.25, localities can ban the operation of adult-use cannabis businesses, but they cannot prevent existing medical cannabis operators or limit cannabis-related research at state universities. Also, local ordinances cannot stop home growing.

Regulations state that if a dispensary is licensed in a locality without a moratorium, that locality has a window of 120 days to enact an ordinance to prohibit it. If this ordinance passes, the dispensary must cease operations within 60 days unless they choose to initiate a petition to operate.

On the flip side, the Host Community Fund represents an incentive for municipalities to allow adult-use cannabis businesses. Thirty-six percent of recreational cannabis excise tax revenue is allocated to this fund and distributed to communities with active adult-use dispensaries. This could potentially fund various local priorities.

Despite the benefits of the Host Community Fund, some Ohio communities still prefer to play it safe. With 110 municipal corporations or townships enacting moratoriums, many cite the need to ensure public peace, health, safety, and the welfare of their residents.

The local moratoriums vary in length and purpose. Some communities have indefinite moratoriums while others range up to 12 months. The undetermined timeframes allow local councils to review existing ordinances and align them with the state's legal framework.

Several jurisdictions are continuously studying state laws and drafting recommendations to better integrate state policies with local governance. This meticulous approach aims to foster a balanced and lawful integration of cannabis in their communities.

Toledo, like other Ohio cities, is navigating these new waters carefully. The city government, law enforcement, and local businesses must work in tandem to ensure a smooth and legal transition into this new era of cannabis legislation in Ohio.

It's crucial for Toledo residents to stay informed about the evolving legal landscape surrounding marijuana. Comprehending these local and state regulations will help residents and businesses operate within the law, maintaining community well-being and public safety.