Trending
CANFIELD -- The city's ordinance involving marijuana possession could be loosened.
Law director Mark Fortunato addressed city council members this month and asked that they think about lessening the current citation of marijuana possession.
The change would be from a fourth-degree misdemeanor to a minor misdemeanor.
Noting that marijuana laws are relaxing, Fortunato said such a change would help Canfield match the state and some other communities.
"We're probably one of the few communities in the county that have a marijuana offense that's not a minor misdemeanor," he told the council members.
Right now, according to Ohio Revised Code, a fourth-degree misdemeanor is punishable by a maximum jail sentence of 30 days and a fine up to $250. A minor misdemeanor penalty is a maximum fine of $150.
A minor misdemeanor also does not need to be reported on a job application, whereas a fourth-degree misdemeanor does, Fortunato explained.
POLICE INPUT
Working with Fortunato on such an ordinance change is Sgt. Josh Wells of the Canfield Police Department.
He explained Thursday that a fourth-degree misdemeanor is a level offense "high enough" to end in a physical arrest -- with handcuffs.
Wells, who has been with the department since 2007, can't recall a time in recent memory when someone in Canfield city limits was arrested solely for having marijuana.
"I can't think of the last time someone was placed in handcuffs for possession of marijuana alone," he said.
This year, Wells said about 50 citations for marijuana have been issued in the city.
State law defines a minor misdemeanor amount of marijuana as less than 100 grams.
Between 100 and 200 grams is an M4, Wells said.
During the council meeting, Fortunato said that sending specimens to labs for drug confirmation can be costly.
Wells further explained that the state decided along the way that law enforcement should differentiate between marijuana and hemp. Although the same plant, hemp contains less THC, the mind-altering chemical in marijuana.
"It shifted the burden of proving THC levels to law enforcement," Wells said of the state's decision.
Prior to that, officers were able to look at marijuana and say that's what it was -- without it being contested.
PARAPHERNALIA
Wells said that paraphernalia is a separate offense, and council is being asked to consider only marijuana possession.
The change would make citations coming from Canfield officers uniform, Wells said.
Canfield has a mayor's court, which Fortunato explained is unique from municipal or common pleas court as it does not have ability to provide legal defense as well as jury trials.
Citations administered through Canfield's ordinance, for example, may go to the mayor's court, while larger offenses, such as felonies, go to the other courts.