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History of Marijuana Laws in Ohio and Supplemental Interesting Reports

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History of Marijuana Laws in Ohio and Supplemental Interesting Reports TO: Ohio Criminal Sentencing Commission Members & Advisory Committee FROM: Sara Andrews, Director DATE: October 19, 2015 RE: History of Marijuana Laws in Ohio and supplemental interesting reports Consistent with the Commission’s core values to provide relevant and useful informational summaries and reports, we are pleased to share this timely summary informative publication. We are poised for the outcome of the Ohio Marijuana Legalization Initiative, which is an Ohio initiated constitutional amendment on the ballot for November 3, 2015. The measure, Issue 3, proposes to legalize the limited sale and use of marijuana and create 10 facilities with exclusive commercial rights to grow the drug. Issue 3 will be accompanied on the ballot by Issue 2, which was added by state lawmakers concerned that the amendment would grant a monopoly to the facilities.1 If Issue 3 succeeds, we will quickly undertake the many revisions to sentencing and other relevant sections of the Ohio Revised Code, in the meantime, these reports are provided for informational, contextual, educational, historical and notably neutral purposes for wide-range audience. The project consists of: 1. Timeline of major changes in Ohio’s laws regarding marijuana 2. A 1967 report from the Ohio Legislative Service Commission on our drug laws 3. The text of the 1932 Uniform State Narcotics Act and an older law review – in two parts 4. A 50 state overview of marijuana laws I trust the project will be informative and appreciate the support, hard work and collaboration of the Supreme Court of Ohio Law Library. 1 Ballotpedia, http://ballotpedia.org/Ohio_Marijuana_Legalization_Initiative,_Issue_3_(2015), accessed 10-19-2015 History of Marijuana Laws in Ohio December 17, 1914 Harrison Narcotics Tax Act First law at federal level to criminalize non-medical use of drugs. The Harrison Act applied only to opium, morphine and its various derivatives and derivatives of the coca leaf, like cocaine. April, 1923 110 v. 417 (SB 22, 85th General Assembly) To Conform Ohio Narcotic laws with the Federal Narcotics Laws Ohio law to amend GC 12672, 12672-1 and 12673 for regulation, possession and sale of cocain, eucaine, morphine, etc. (NOT MARIJUANA) Permits necessary; prescription and record; penalty. Does not apply to doctors, etc. May 1927 112 v. 187 (HB 422, 87th General Assembly) Relative to the regulation of habit forming drugs. Ohio law to amend GC 12672 for regulation, possession and sale of cocain, eucaine, morphine, cannabis, marijuana, etc. Permits necessary; prescription and record; penalty. Does not apply to doctors, etc. 1932 Uniform State Narcotics Act The Uniform Narcotic Drug Act, adopted by the National Conference of Commissioners on Uniform State Laws in 1932. Concern about the rising use of marijuana and research linking its use with crime and other social problems created pressure on the federal government to take action. Rather than promoting federal legislation, the Federal Bureau of Narcotics strongly encouraged state governments to accept responsibility for control of the problem by adopting the Uniform State Narcotic Act. June 1935 116 v. 491 (91st General Assembly) Defining and relating to narcotic drugs and to make uniform the law with references thereto Ohio adopts the Uniform Narcotic Drugs Act. August 2, 1937 Marijuana Tax Act (PL 75-238) Congress passed the Marijuana Tax Act. The statute effectively criminalized marijuana, restricting possession of the drug to individuals who paid an excise tax for certain authorized medical and industrial uses. Repealed 1970. October 1, 1953 Ohio Revised Code becomes effective GC 12672-1 et seq to 3719.01 et. Seq. September 16, 1970 133 v. HB 874 (108th General Assembly) To Prevent Drug Abuse by Young Persons by Instructing them in its Evils, to revise and expand existing drug laws to meet changing patterns of drug abuse, and to provide for the treatment and rehabilitation of drug dependent persons. Moved cannabis from narcotic drug (3719.01) to Hallucinogen (3719.40) September 16, 1955 126 v. 178 (101st General Assembly) Relative to the manufacture, sale and possession of narcotic drugs 1 History of Marijuana Laws in Ohio | Ohio Criminal Sentencing Commission Increased mandatory penalties were adopted in 1955, upon recommendation of a Citizen's Narcotics Advisory Committee under leadership of the Ohio Attorney General. October 27, 1970 The federal government—through the Controlled Substances Act (CSA; P.L. 91-513; 21 U.S.C. §801 et. seq.)—prohibits the manufacture, distribution, dispensation, and possession of marijuana. August 22, 1975 signed 1975 HB 300 (effective July 1, 1976) Drug Abuse and Controlled Substances Act Governor Rhodes signs into law Am. Sub. H.B. 300 (effective July 1, 1976), which makes sweeping changes to Ohio’s drug abuse prevention and control laws. This is designed to complement the federal Controlled Substance Act (PL 91-513). June 20, 1980 SB 185 (113th General Assembly) Created a controlled substances therapeutic research program Created a program run by the Ohio Department of Health to study the therapeutic uses of marihuana, bill set an expiration date on program four years after the effective date of bill. March 23, 1981 SB 378 (113th General Assembly) Prohibit the sale to juveniles of paraphernalia for the use of marihuana June 23, 1982 HB 108 (114th General Assembly) Created laws regarding trafficking and aggravated trafficking of marihuana April 11, 1990 HB 215(118th General Assembly) Increase the penalty for certain drug offenses that involve the sale, furnishing or administration of a controlled substance when committed on school premises, in a school or within 1000 feet of a school premise August 22, 1990 SB 258 (118th General Assembly) Increased fines for drug offenses November 2, 1992 Sub. HB 591 (119th General Assembly) To increase penalties for trafficking in marihuana July 30, 1993 Sub HB 377 (120th General Assembly) Require suspension of drivers license for any person convicted of a drug offense under federal or state law June 28, 1996 SB 269 (121st General Assembly) Conform certain newly enacted laws to new sentencing/corrections law--S.B. 2. 2 History of Marijuana Laws in Ohio | Ohio Criminal Sentencing Commission July 1, 1996 SB 2 (121st General Assembly) Regarding Criminal Sentencing Commission recommendations. July 1, 1996 HB 125 (121st General Assembly) Relative to violations of the drug offenses laws. June 20, 1997 SB 2 (122nd General Assembly) To eliminate the "medical purposes" affirmative defense to the offense of possession of marihuana. http://archives.legislature.state.oh.us/bills.cfm?ID=122_SB_2 July 29, 1998 HB 122 (122nd General Assembly) To prohibit the preparation of drugs for sale. http://archives.legislature.state.oh.us/BillText122/122_HB_122_ENR.pdf March 23, 2000 SB 107 (123rd General Assembly) To clarify and modify certain provisions of the Controlled Substance Law and Drug Abuse Law, to modify the felony sentencing law as modified by these acts. http://archives.legislature.state.oh.us/BillText123/123_SB_107_ENR.pdf February 13, 2001 HB 528 (123rd General Assembly) To expand the drug trafficking offenses to also include a prohibition against certain acts related to the shipment, transportation, delivery, or distribution of a controlled substance for sale or resale. http://archives.legislature.state.oh.us/BillText123/123_HB_528_ENR.pdf January 1, 2004 HB 490 (124th General Assembly) To implement the recommendations of the Criminal Sentencing Commission pertaining to misdemeanor sentencing generally; to make other changes in the criminal law, including changes in the law regarding matter harmful to juveniles. http://archives.legislature.state.oh.us/BillText124/124_HB_490_ENR.pdf August 11, 2004 SB 58 (125th General Assembly) METH LABS - PROHIBIT EXPOSING CHILDREN To increase the penalties for certain drug offenses if the offense is committed in the vicinity of a school or in the vicinity of a juvenile and to expand the offense of endangering children to prohibit allowing children to be within the vicinity of certain drug offenses. http://archives.legislature.state.oh.us/BillText125/125_SB_58_EN_N.pdf August 17, 2006 SB 8 (126th General Assembly) DRUG TESTING 3 History of Marijuana Laws in Ohio | Ohio Criminal Sentencing Commission To prohibit the operation of a vehicle or vessel if a statutorily specified concentration of amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite [morphine], heroin metabolite [6-monoacetyl morphin], L.S.D., marihuana, marihuana metabolite, methamphetamine, or phencyclidine is present in the operator's blood or urine, subject to certain exceptions and to extend the time within which a chemical test of an arrested person's whole blood, blood serum or plasma, breath, or urine must be taken in order for the results of the test to be admissible as evidence. http://archives.legislature.state.oh.us/BillText126/126_SB_8_EN_N.pdf September 30, 2011 HB 86 (129th General Assembly) CRIMINAL SENTENCING REVISIONS To revise some of the penalties for trafficking in marihuana or hashish and for possession of marihuana, cocaine, or hashish. http://archives.legislature.state.oh.us/BillText129/129_HB_86_EN_N.pdf September 28, 2012 SB 337 (129th General Assembly) COLLATERAL SANCTIONS To make the use or possession with purpose to use drug paraphernalia with marihuana a minor misdemeanor. http://archives.legislature.state.oh.us/BillText129/129_SB_337_EN_N.pdf 4 History of Marijuana Laws in Ohio | Ohio Criminal Sentencing Commission Ohio Legislative Service Commission David A. Johnston, Director Columbus, Ohio March, 1967 ',: ,1 , DRUG ABUSE CONTROL Staff Research Research Staff Report No. 86 Sara R. Hunter, Consultant , TABLE OF CONTENTS I CHAPTER PAGE Introduction 5 • I. TYPES OF DRUGS INVOLVED. 7 ! Depressants .................................... .. 7 \ Stimulants 12 Hallucinogens 13 II. EXISTING LEGISLATION 17 Federal Law 17 Ohio Law 24 III. MEDICAL VERSUS PUNITIVE APPROACHES 32 Views of the Critics 32 Programs of Control 37 IV. TWO SPECIAL PROBLEMS: MARIHUANA AND DRUGS l NOT PRESENTLY CONTROLLED 42 Marihuana ;..................... 42 Drugs Not Presently Controlled 44 Approaches to Control 45 ·.r The Situation in Ohio 47 l .• I V.
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