Vorhees
LIMA — Two days away from the enactment of Ohio’s recreational marijuana law, approved by voters in the Nov. 7 general election, area law enforcement officials have more questions than answers about what the new law will actually look like.
Ohio voters by a 14% margin approved a ballot initiative in November to legalize the use of cannabis by adults. The new law, which takes affect Thursday, allows adults age 21 and older to use, possess, grow, purchase and transport marijuana without being subject to arrest, criminal prosecution or civil penalties.
But because the measure was a ballot initiative and not a constitutional amendment, state lawmakers can adjust or even repeal the law in the future. Legislators in the Republican majority in the Ohio Statehouse have pledged to tweak the law, but no such revisions have as yet been enacted.
Ohio Gov. Mike DeWine, Senate President Matt Huffman, R-Lima, and House Speaker Jason Stephens, R-Kitts Hill, have each voiced support for various changes to the law, but as of Tuesday no concrete provisions or guidelines have been inserted into the measure.
That leaves law enforcement officials caught in a legal gray area.
‘So much still unanswered’
Asked how the new law will affect enforcement efforts on the part of his road deputies, Auglaize County Sheriff Mike Vorhees answered bluntly.
“We don’t know yet. There are a lot of unknowns,” he said. “Everything is sketchy right now.”
Even basic questions — such as, can cannibas be smoked in public? — have not been addressed to the satisfaction of law enforcement officials.
“My big question is, what are the rules and when is the legislature going to put them in place? There is so much that is still unanswered,” Vorhees said.
Until further clarity is provided, the sheriff said Auglaize County deputies will use the same rules that have always been applied in determining if drivers are operating their vehicle while under the influence of drugs or alcohol.
“We’re going to continue to do field sobriety tests if we feel drivers are impaired, but there are different denominators for blood tests and urine tests when it comes to marijuana and we will need to get guidance on those indicators.”
The use of drug-sniffing dogs in drug-related cases is also clouded through the vague language in the new law.
“It’s still illegal to possess marijuana over a certain amount, so the same probable cause factors (for searching vehicles) are still there, in my opinion,” Vorhees said. “But legislators are kind of dragging their feet” on providing more definitive answers.
“It’s crazy,” he said.
A spokesperson for the Allen County Sheriff’s Department said Sheriff Matt Treglia is “still waiting on a bit of information and some discussions with the (county) prosecutor” regarding the new law and its enforcement.
Kalida Police Chief Jim Gulker said he hopes to gain more clarity at a meeting of Putnam County police chiefs scheduled for Wednesday, but he expects questions will remain after that get-together.
“Right now it’s kind of like, what do we do here? We’re new to all this,” Gulker said Tuesday. “Can people smoke marijuana outside their homes? What if a bar has a smoking area? Can you smoke pot on their property? I just don’t know.”
The chief questioned the wisdom of putting the new law into effect just 30 days after voter approval.
“Was the state banking that it (the ballot initiative) wasn’t going to pass? I don’t know,” said Gulker.
“There are a of of questions that are still unanswered, so we’re going to have to play this out and see how it goes,” Vorhees said. “I hope some rules come out by Thursday … but I’m not holding my breath.”
