Columbus Stops Prosecuting Misdemeanor Marijuana Possession Charges

The Columbus City Attorney’s Office says it will no longer prosecute misdemeanor charges of marijuana possession, effective immediately.

In a press release Wednesday, City Attorney Zach Klein says his office is also dismissing all pending charges of marijuana possession.

Klein's new policy cites recent legislation signed by Gov. Mike DeWine, which legalized hemp production and CBD products in Ohio. Previously, hemp and CBD oil were considered the same as marijuana under Ohio law.

“The passage of Senate Bill 57 requires a distinction between hemp and marijuana, but our current drug testing technology is not able to differentiate, so we will not have the evidence required to prosecute these cases,” Klein says. “As we continue to review these policies, SB 57 has opened up a broader conversation about how we should prosecute minor misdemeanor marijuana possession cases in the future.”

Klein also mentions the recent ordinance passed by Columbus City Council, which slashes penalties and eliminates jail time for possession of small amounts of marijuana. Under the local measures, people caught with less than 100 grams of marijuana would be fined just $10, while people caught with 100-250 grams would be fined $25.

“Considering the substantial cost of new equipment and testing versus the possible benefit of prosecuting these often-dismissed cases, in addition to the recent ordinance passed by Columbus City Council, we plan on engaging in further discussions on whether to make this new policy permanent,” Klein said.

The City Attorney’s Office says that possession of marijuana is still illegal, and suspicion of the offense remains a legal reason to stop or search someone. The office will also keep its policy on OVIs based on marijuana intoxication.

The policy change doesn't mean marijuana possession charges will stop entirely: the Franklin County Prosecutor's Office can still pursue state charges on possession. State penalties remain at $100 for possession of up to 100 grams of marijuana, and $250 and up to 30 days in jail for possession of up to 200 grams.

Council members said they wanted the penalty changes in response to persistent racial disparities in the enforcement of drug crimes.

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