The cannabis community has recently been a-buzz. On January 29th, Ohio Senator Stephen Huffman (R-Tipp City) introduced Senate Bill 56. (Yes, the same Stephen Huffman who marshalled the medical marijuana program in 2016 by championing HB 523 as a Representative. He is now an Ohio Senator.) SB 56 would “… consolidate the administration of the marijuana control program, revise the medical and adult-use marijuana laws, and to levy taxes on marijuana.” In other words, rework Ohio Issue 2, the citizen led initiated statute to legalize adult use marijuana that over 2 million voters passed in the 2023 fall election by 57-43%. While the SB 56 carries many of the same features as Issue 2, the bill falls far short of the statute.
Comparing SB 56 to HB 523 and Issue 2 finds the three loosely share a few of the same clauses: potency and square feet for cultivation are higher for Issue 2; both SB 56 and Issue 2 have contain excise taxes (HB 523 has no such taxes); and both permit home growing, but with far fewer plants in SB 56.
With minor changes, activists might have accepted SB 56 as a replacement for Issue 2. It probably makes sense to consolidate both the medical and adult use programs under one agency. However, the deal killer for SB 56 lies in Section 3796.99. This Section outlines 20 different offences that result in sanctions for marijuana from minor misdemeanors to full-fledged third-degree felonies with one to three years imprisonment.
SB 56’s low-level criminal offenses only involve a fine, no jail time. Such is the case with section 3796.99(I), which referencing 3796.02, applies to transporting marijuana. The cannabis must stay in its original unopened packaging and be stored in the car’s trunk or under its front seat.
However, don’t light up. Section 3796.99 (A) tells a quite different story. It references 3796 (C)(2), which state, “smoking, combustion, and vaporization of adult-use marijuana and homegrown marijuana, and the vaporization of medical marijuana, is permitted only in a private residence …” This is a backwards way of saying that consuming cannabis within any moving locale – “a vehicle, streetcar, trackless trolley, watercraft, or aircraft” – is not only illegal, but also subject to draconian mandatory minimum sentencing. If caught and prosecuted, violators could face prison, fines, and suspension of their driver’s license. Multiple repeat offenders could be looking at up to five years in prison and a fine of over $10,000.
This type of compulsory incarceration is termed “mandatory minimum.” As defined by the Sentencing Project, its legal provisions “require a specific minimum prison term for certain crimes, regardless of individual circumstances.” Judges cannot intervene.
Hypothetically, let’s say a young Multiple Sclerosis patient uses cannabis to control the sharp pains in his legs. A couple of puffs on a vape pen can assuage them, enabling him to navigate the Statehouse. After attending a hearing, his limbs throb with pain. Sitting in the back seat of his neighbor’s car, he pulls out his pen. The next thing he knows, a police officer pulls up, exits his car, and cites the young man with a violation of 3796.99 (A)(2)(b). He now faces a “mandatory” ten days in jail, $1,000 fine, and six-month suspension of his driver’s license. This misdemeanor in the first degree leaves him with a criminal record, barring him employment, housing, loans, firearms, and more. The worst part is that mandatory minimum sentences mean that judges and circumstances like MS can’t intervene.
How cruel and thoughtless can the Ohio Senate and authors of SB 56 be? Applying mandatory minimum jail sentences to laws specifically enacted for sick, dying, and disabled patients: those who utilize cannabis therapeutically under Ohio’s medical marijuana program. Mandatory incarceration without justification. It's well known that jails can be dirty, cold, violent, and inhospitable places. One might pick up Covid 19, RSV, influenza, or other communicable diseases. Is this what Ohioans voted for? Mandatory minimum sentencing places both patients and citizens in danger. Begetting the old saying: the punishment DOES NOT fit the crime.
Many states, including Ohio, have veered away from draconian mandatory minimum sentences like the ones in SB 56, particularly for drug crimes. States have become more aware of drawbacks of harsh sentences that exacerbate racial disparities, hinder rehabilitation, and result in significant consequences for individuals, families, and communities.
Are Ohio’s Republican legislators so bent on punishing cannabis consumers that they are blinded by societal costs of their proposed laws? Is Reefer Madness seeping in from marijuana opponents, imbuing members of the General Assembly with a punitive mindset? Stop it. No cannabis consumer should ever face mandatory minimum sentencing due to their consumption. Period.
Section 3796.99 and its mandatory minimum sentencing must be stripped from SB 56.
Better still, LEAVE ISSUE 2 ALONE!!!
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Mary Jane Borden is a best-selling author, skilled graphic artist, insightful analyst, and award-winning cannabis activist from Westerville, Ohio. During her 40-year career in drug policy, she co-founded seven cannabis-oriented groups, co-authored four proposed constitutional amendments, lobbied for six medical marijuana bills, penned over 100 Columbus Free Press articles, and has given hundreds of media interviews. She is one of the Courage in Cannabis authors, with articles in both editions. Her artwork can be viewed at CannabinArt.com and she can be reached at maryjaneborden@ gmail.com.
