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News 5 viewers have asked what it means since the law legalizing recreational marijuana was passed. Morgan Trau, Ohio Statehouse reporter, breaks it down along with some legal experts.
News 5 viewers and subscribers have been asking what this means since Issue 2, the law legalizing recreational marijuana, was passed on Election night. Morgan Trau, Ohio Statehouse reporter, breaks it down along with some legal experts.
This is the second of a series answering questions about the marijuana policy in the State.
We follow the story to its conclusion. You can read and watch our previous reporting about this story below, and see more stories. We’ve done everything we can to make sure that this is done.
Both supporters and opponents have many questions about the recreational marijuana vote. We asked Jonathan Entin, a law professor at Case Western Reserve University, to answer these questions.
We have already answered some of the most basic questions like: Where/When/How can I smoke. Can I be evicted from my apartment? Can I be tested for drugs at work? Click here to view the answers.
Cannabis users are excited about the legal smoking of marijuana in Ohio. They won’t have the ability to buy marijuana immediately in stores. It will take about a year for the state’s cannabis division to be created and to write its rules.
The Monday questions will focus on what you can do to prepare.
Can I bring marijuana back from Michigan, where recreational marijuana has already been legalized?
Entin replied, “There are many answers to this question.”
All of it is interstate commerce. Federal law says that you can’t cross state borders to buy marijuana and bring it back. Entin said that the federal government doesn’t usually get involved in such cases and leaves it up to the states to make their own rules.
“We’ll have to see what the Ohio law enforcement will do,” he said. “It does not seem to be against Ohio law for people who go outside of the state to engage in a legal transaction and then bring back the marijuana.”
If an officer pulls someone over for driving with marijuana, they can charge them with a federal offense.
Unfortunately for Ohio State fans who are Ohio State fans, Michigan also wins this battle.
Since their legalization in 2018, Michigan has welcomed sales from Ohioans. Buckeye sales will continue to flow into Michigan for the next year without Ohio stores. According to News 5 partner station, some Michigan dispensaries still feel uncertain. WXYZ in Detroit.
Can I order marijuana online and have the product shipped to Ohio?
No. All legal experts agree: federal law prohibits mail order weed.
Some people have been confused that you can purchase marijuana online. However, this is only possible in certain states, such as Michigan, where pre-ordering or delivering from a dispensary can be done through an app. This also requires that you have a valid ID, and there are limits on the amount of purchases.
Entin said that there was at least some doubt about whether it is legal to buy marijuana seeds on the internet.
You can grow up to six plants at home, but you will need seeds. There is debate over whether you can order them online or drive across state borders. Some marijuana experts claim that you can, because the seeds have such low levels THC.
U.S. Customs and Border Protection published guidance on their website stating that under the Agriculture Improvement Act of 2018 the Drug Enforcement Administration does not have the authority to seize and prosecute seeds with less than 0.3% THC. The DEA also gave this statement to many attorneys across the country, with the same advice. Cannabis.
Entin warns you to be careful.
Entin said, “We have many uncertain legal issues and people who assume that everything will work out are in for a surprise if this is not the case.”
Could we be looking for changes before the law takes effect?
According to House Speaker Jason Stephens, yes, but it is unlikely to be a major change.
RELATED: Ohio Republican leaders discuss marijuana policy in private, Democrats warn about sneakiness
Gov. Mike DeWine’s three main priorities are guardrails for kids, tax policy, and safety on the road.
DeWine wants kids to be protected from weed exposure by limiting the places where people can smoke and restricting access to products such as edibles. He also wants to put guidelines around advertising.
Leaders also want to change the tax policy by shifting sales tax from a program for social equity to local law enforcement. DeWine’s spokeswoman Dan Tierney said that this could help prevent high drivers.
The legislators are also examining the THC level allowed.
Stephens said that the tax rate and where the money will go, in his opinion, did not have to be decided before December 6. “They can be determined as we move forward.”
He wants to ensure that certain needs, like child safety, are addressed first, since there is a nine-month regulatory period to decide on secondary issues.
Right now, the GOP and Democratic leaders seem to agree on all major proposed regulations – protecting children and giving more money for local governments who would have these dispensaries. It is not clear if a fully-formed bill will be ready before the deadline.
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