Editor's note: Recently, Toledo residents voted overwhelmingly to soften penalties for possession and cultivation of marijuana, including removing jail time for amounts up to 200 grams. That action comes ahead of ResponsibleOhio's criticised Issue 3 ballot measure, which will be in front of Ohio voters in November.
Certain provisions in Toledo’s recently passed “Sensible Marijuana Ordinance” violate state law and the Ohio constitution, the state says.
Lucas County Prosecutor Julia Bates and Lucas County Sheriff John Tharp joined Ohio Attorney General Mike DeWine Tuesday in filing a lawsuit in Lucas County Common Pleas Court.
“Some provisions are illegal and unconstitutional,” DeWine said of the law, which took effect Monday.
Toledo’s decriminalization ordinance, which voters approved in September, removes fines and jail time — as well as other penalties such as license suspensions — for the cultivation or possession of marijuana.
It prohibits Toledo police from reporting marijuana crimes to any authority other than the city law director. Municipalities can’t make laws that conflict with state law, but changing a penalty for a violation isn’t considered a conflict.
