Hemp Legalization Causes an Interruption in Prosecution of Cannabis Criminal Cases in Ohio


Hemp Legalization Causes an Interruption in Prosecution of Cannabis Criminal Cases in Ohio


In the wake of the legalization of hemp in Ohio, the state is experiencing difficulties prosecuting criminal cases involving cannabis. This problem stems from the state’s lack of mean to differentiate between the legalized hemp and marijuana, which is still illegal.

The signing of the Senate Bill 57 by Governor Mike DeWine on July 30 legalized licensed cultivation and sale of hemp in the state. With the federal 2018 Farm Bill, hemp is cannabis with THC levels below 0.3% and legalizes its cultivation and sale. The law requires the Ohio government to put into function a regulated and licensed hemp industry in Ohio within six months after its signing on July 30.

A 10TV report states that Ohio’s crime labs can only ascertain the presence but not the concentration levels of THC in cannabis. According to 10TV, the state’s Bureau of Criminal Investigation (BCI) is already developing the criteria for determining THC levels- a process which may take several months. Before then, the BCI recommends that the courts don’t arraign suspects on cannabis-related crimes.

This recommendation implies the decriminalization of cannabis in the state. According to a Cleveland.com report, Ohio Attorney General Dave Yost stated that his office would ensure that by the end of the year, the state would have endowed the BCI with three testing machines. Until authorities get these machines, the AG has allocated funds for them to carry out testing in private labs.

Other states have encountered a similar problem. Texas, for example, had to drop hundreds of cannabis-related cases until completion of testing. In Nebraska, prosecutors facing the challenge of ascertaining THC levels decided to drop charges against four football players from the University of Nebraska.

The senior legislative counsel for the Marijuana Policy Project Chris Lindsey told the Cannabis Business Time that these problems would dwindle with time. Since states are used to zero tolerance to cannabis, determining the exact THC concentration levels will require the establishment of new systems.

This month, Columbus City Attorney Zach Klein explained the dropping misdemeanor charges saying that the authorities had no way of determining THC levels. While speaking to 10TV, Klein decried the obstacle presented by the law, which prevents them from prosecuting cannabis-related cases.

Racheal Gillette, chair of Greenspoon Marder’s Cannabis Law Practice supported the suspension of the cases until when these states can accurately determine the THC levels of the cannabis in question. She explains that there is bound to arise disagreements when it came to justifying cannabis as hemp or marijuana, and for the sake of justice, it was best to suspend all cannabis-related charges. Gillette added that the issue could present another argument in justification of ending the prohibition of cannabis. She argued that this situation pokes the federal government concerning full federal legalization.


Medcare 2023 event

Terms and Conditions for Entry into Medcare Farms Puff Party(Required)
| Age Requirement: You confirm that you are 21 years of age or older at the time of entering the Event. Valid government-issued photo identification must be presented upon request. | Compliance with Laws: You agree to comply with all federal, state, and local laws and regulations, including those pertaining to the use, possession, and distribution of any substances allowed or provided at the Event. | Liability Waiver: You acknowledge that participation in the Event is at your own risk. Medcare Farms, its affiliates, sponsors, representatives, and employees are not liable for any personal injury, loss, damages, or expenses incurred by you or any person accompanying you to the Event. | No Resale or Transfer: Your entry to the Event is personal to you; tickets or invitations cannot be sold, transferred, or exchanged for any compensation without the express permission of Medcare Farms. | Conduct: You agree to conduct yourself in a manner that is respectful and safe. Medcare Farms reserves the right to remove any participant from the Event for behavior deemed inappropriate, disruptive, or dangerous, without refund or compensation. | Use of Likeness: You grant Medcare Farms and its affiliates the right to use your likeness, image, and voice in photographs, videos, or other digital media taken at the Event, in any and all of its publications, including web-based publications, without payment or other consideration. | Privacy: Personal information collected during the survey and registration process will be used in accordance with Medcare Farms’ Privacy Policy. This information will be used for event management and, unless you opt-out, for informing you of future events and promotions. | Indemnification: You agree to indemnify and hold harmless Medcare Farms and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with your participation in the Event. | Acceptance of Risk: You acknowledge that there are inherent risks involved in attending the Event and that you voluntarily assume those risks. | Severability: If any term or provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remainder of the Terms and Conditions will remain in full force and effect. | Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the state in which the Event is held, without giving effect to any principles of conflicts of law. | By checking this box, I confirm that I have read, understood, and agree to be bound by these Terms and Conditions.

Related Articles

Puff Party 2023

Medcare Farm’s Puff Party 2023 Welcome to Medcare Farms’ 2023 Puff Party, Complete our brief entry form to enjoy live

Read More »
Med CareLogo large

Are you over 21 years old?

Call Now Button