Police pass on pot prosecutions

SANDUSKY — If police found you with a little bit of weed, that used to mean a citation and a date with a judge.But many Ohio law enforcement agencies aren't giving misdemeanor marijuana charges anymore after a new law passed in July.On July 30, Ohio Gov. Mike DeWine signed House Bill 57, which legalized hemp — a product of the same cannabis plant that produces marijuana — in Ohio.Hemp does contain THC, the active ingredient in marijuana, but not enough to be used as a drug. Hemp is primarily grown to make fiber for rope and clothing, along with CBD oil, a substance that purportedly reduces pain.Shortly after the bill became law, police agencies in Erie, Ottawa, Sandusky and Huron counties — along with many other counties statewide — stopped charging people with minor misdemeanor marijuana possession at the direction of municipal and county prosecutors, law enforcement officials told the Register.The reason? It's difficult for police to tell the difference between the now-legal hemp and the still-illegal marijuana by how it looks or smells, Erie County prosecutor Kevin Baxter said. And state crime labs, under the Bureau of Criminal Investigation, do not want to test small amounts of suspected marijuana to see how much THC it contains."(Hemp) does not have higher than 0.3 percent THC content," Baxter said. "BCI and the attorney general's office is getting up to speed on how to perform that testing."Baxter said police will still confiscate any suspected marijuana they find.Additionally, large amounts of suspected marijuana — a "bulk" amount that carries a felony charge — will likely be sent to be tested for THC. If it comes back as pot, the suspect found in possession will likely be prosecuted.Law enforcement in the past has used the odor of marijuana as probable cause to search a vehicle. Baxter said that might now have to change."Now that may be in question, because are you smelling hemp or smelling marijuana?" he said.A memo Baxter's office sent out Aug. 8 noted that this is an "emerging area of law" and all recommendations to police are "subject to substantial revision."Reach reporter Brandon Addeo at brandonaddeo@sanduskyregister.com, follow him on Twitter @BrandonAddeo and follow the Register at Facebook.com/SanduskyRegisterPolice and prosecutors in across of Ohio will no longer pursue minor misdemeanor charges against people found with small amounts of marijuana.