Judge: Toledo's new marijuana law is unconstitutional

Portions of Toledo’s newly enacted marijuana decriminalization law are “unconstitutional and unenforceable,” a Lucas County judge said Friday.

At the request of the county prosecutor, county sheriff, and Ohio Attorney General Mike DeWine, Lucas County Common Pleas Judge Dean Mandros granted a preliminary injunction preventing the city from enforcing the parts of the “Sensible Marihuana Ordinance” that he agreed were contrary to state law.

“Identified provisions [of the ordinance] conflict with state general laws by eliminating criminal penalties for possession and trafficking of marihuana and hashish, converting state law felony offenses involving Schedule III, IV, and V drugs into third-degree misdemeanors, and prohibiting law enforcement officers from reporting felony drug law violations to anyone empowered to prosecute them,” Judge Mandros wrote in his 23-page opinion.

He said the provisions were “fundamentally nugatory” — meaning without value — because they “prohibit criminal conduct but impose no penalty.”

Depending upon the amount of marijuana...

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