Group Seeks Lighter Marijuana Penalties In Newark

Christine Green

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Newark - A marijuana decriminalization group is hoping to place an initiative on the ballot this fall that would eliminate penalties for possessing small amounts of marijuana in Newark.

The proposal by the East Central Ohio Decriminalization Initiative would remove penalties for possessing less than 200 grams of marijuana in the city. Under the initiative, possessing less than 200 grams would constitute a minor misdemeanor, and no fines, incarceration, probation or "any other punitive or rehabilitative measure" would be imposed.

If organizers gather enough signatures and meet all requirements, the proposal would go on the ballot in a city that currently has stricter penalties for marijuana possession than the state of Ohio.

Under state law, those caught with under 100 grams of marijuana or paraphernalia face a maximum fine of $150 and a loss of driving privileges.

Under Newark's current law, possessing under 100 grams of marijuana is punishable by a maximum fine of $500 and up to 60 days in jail. Possession of marijuana paraphernalia is punishable by a $250 fine and up to 30 days in jail.

Licking County Municipal Court Judge David Stansbury pointed out the discrepancy in a letter to the city council this year, noting that two people standing at Newark's courthouse square, each possessing less than 100 grams of marijuana, can face different penalties for the same crime, depending on who arrests them.

That's part of the reason the East Central Ohio Decriminalization Initiative sought to get its proposal on the ballot, said founders Alissa Baker, of Hebron, and Leanne Barbee, of Pataskala.

The proposal is also important because Newark has more-serious crimes to address, Baker said, including addictions to more-dangerous drugs and the crimes that fund those addictions.

"We know what the real problem is in Newark, and it's not marijuana possession or use," Baker said.

To get an initiative on the ballot in Newark would be unprecedented, said Newark Law Director Douglas Sassen.

"It's never happened successfully in Newark since we've been a charter city," he said.

In order to get on the fall election ballot, the group must collect 1,063 signatures (a number based on the number of people who voted in the last gubernatorial election) and turn in the necessary paperwork by July 15, Sassen said. The law director's office will review the initiative, the Licking County Board of Elections will draft the ballot language, and then there will be a period of public inspection.

The law director's office will review the initiative only for form, to make sure the language makes sense.

"We don't review it for whether it's a good idea or a bad idea," Sassen said.

Then, the initiative and signatures must be submitted back to the Board of Elections by Aug. 10. If the board validates 1,063 signatures, the measure heads to the November ballot.

Baker and Barbee estimate that the petition currently has about 1,000 signatures.

Baker and Barbee worked closely with organizers from Toledo, which passed its own decriminalization initiative last year. A judge ruled that parts of Toledo's law relating to felonies were in conflict with state law and therefore, were unconstitutional and unenforceable.

The Newark proposal doesn't seek to eliminate penalties for felonies, so Baker and Barbee aren't worried about potential legal battles down the road, should the proposal pass.

The initiative was developed mainly to help protect patients who use marijuana for medical purposes, Baker and Barbee said. While Gov. John Kasich signed a bill allowing medical marijuana on Wednesday, Barbee said that bill may not go far enough, and it still may take up to two years before medical marijuana becomes available.

"It will definitely help recreational users, but it's meant to help the patients who have no other options until we get this new medical program in full swing in two years," she said.

Barbee estimated that groups in about a dozen other Ohio cities are beginning efforts to get similar initiatives on the ballot this fall, including Reynoldsburg, Athens, Logan and, possibly, Columbus and Cleveland.

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Full Article: Group seeks lighter marijuana penalties in Newark | The Columbus Dispatch
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