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It's 420: Here's a look at marijuana laws in the Tri-State

Woman claims she was sent weed instead of toys
Posted at 1:39 PM, Apr 20, 2023
and last updated 2023-04-20 19:17:39-04

CINCINNATI — To some, April 20 is just another spring day, but to others, it's a holiday.

The 20th day of April is known as "420," considered a day when marijuana consumers across the world celebrate their love of the "devil's lettuce."

There are a lot of theories as to why this random day in April became a stoner holiday but the most credible story goes back to 1971 with five California high school students. According to Time Magazine, the friends would meet at 4:20 p.m. to smoke.

Legally, not that many people can celebrate the day in the Tri-State. Recreational marijuana is still illegal in Ohio, Kentucky and Indiana. Here's a look at each state's marijuana-related laws.

Ohio
While recreational marijuana is not legal, medical marijuana is in Ohio. There was a line out the door of Sunnyside, a medical marijuana dispensary in Oakley, on Thursday.

“I was having a bunch of health issues and when I went and got my medical marijuana card, it just changed my life," said Amanda Thomasson, who goes to Sunnyside regularly after having a list of medical issues including endometriosis, migraines and a breast lump.

Since getting her medical marijuana card, Thomasson said all of her issues are nonexistent.

There is a renewed push this year in the form of a ballot initiative to legalize recreational use across the state, and Thomasson said she supports others getting the benefit she gets.

The Ohio legislature has until May 3 to consider a recreational marijuana proposal. A group called "The Coalition To Regulate Marijuana Like Alcohol" submitted the measure through an initiated statute.

The act proposes legalizing the possession, purchase and sale of recreational marijuana for Ohioans older than 21. Adults would also be allowed to possess up to 15 grams of marijuana.

“You know, being able to widen the consumer base to have anyone that's looking to use cannabis for their everyday wellness have access to it would certainly be a great thing,” said Jason Erkes with Cresco Labs and Sunnyside. “We're strongly and enthusiastically supporting that ballot initiative."

Right now, possession for recreational use isn't always a criminal offense. According to state law, if you are caught in possession of fewer than 100 grams, it is considered a minor misdemeanor and you can face a $150 fine.

Many cities have decriminalized marijuana usage, including Cincinnati and Norwood. Cincinnati City Council voted in 2019 to decriminalize the possession of up to 100 grams of marijuana.

The ordinance allows people within the City of Cincinnati to freely possess 100 grams. Anyone found with 100 grams or less on their person will not be fined and will not be charged with a crime.

“There’s a number of states that have passed it already. The sky didn't fall, and nothing happened. It's providing a tremendous amount of tax revenue for those states,” Erkes said. “And in turn those states can now you know, provide programs for people across that state with that tax revenue.”

In order for the marijuana issue to be on the 2023 General Election ballot, it must be filed by July 5. If it isn't, it would not go on to the ballot until 2024.

Kentucky
Last month, medical marijuana was legalized in Kentucky. According to the Associated Press, cannabis might not be available via prescription for another 20 months.

Senate Bill 47 legalizes medical cannabis in the state and establishes a structure to regulate the medical cannabis program. The bill sets up the authorization process for practitioners to recommend the use of medicinal cannabis and establishes the cannabis business license application process and requirements.

SB 47 does not take effect until Jan. 1, 2025, but Gov. Beshear's executive order remains in effect, which allows those suffering from some medical conditions the ability to obtain medical cannabis out of state until that time.

According to Marijuana and The Law, possession of less than 8 ounces of cannabis for personal use is a misdemeanor in Kentucky, punishable by up to 45 days in jail and $250 in fines. Possession of larger amounts, even for personal use, is treated as felony sale or trafficking.

Indiana
Despite the push to decriminalize, marijuana for medical or recreational purposes in Indiana is illegal.

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