What's legal? Stark Sheriff's Office answers questions on recreational marijuana

MASSILLON – The manager of a property room for a local police department wanted to know if she was obligated to return marijuana to a released inmate.

A local university administrator wanted to know what policies regarding marijuana usage could be enforced with students.

And a former landlord for a duplex asked if he could prohibit a tenant from using marijuana on the landlord's property.

They were among about a dozen people who attended the Stark County Sheriff's Office program “Weeding Out the Facts: 2024 Marijuana Laws.” The discussion was designed to answer people's basic questions about recreational marijuana after Ohio voters approved Issue 2 in November. The event, held Thursday at the sheriff's Law Enforcement Training Center, demonstrates the confusion over what is and what isn't permitted in the state.

"This is new to all of us," Chief Deputy John Oliver said. "We're interpreting the same language everyone else is."

What's allowed and what's not in Ohio related to recreational marijuana?

Despite the use of recreational marijuana becoming legal starting Dec. 7, those who smoke or consume marijuana in its many forms still face strict limits.

Among the most important restrictions: Those under 21 aren't allowed any access to marijuana. Adults growing marijuana plants must keep the plants secured against child access. Operating a vehicle or being in a vehicle while using marijuana or being impaired due using marijuana is illegal. Marijuana use is generally not allowed in public places. Only licensed dispensaries can sell marijuana. Property owners, including landlords, can prohibit use of marijuana on their private property. Employers can prohibit employees from working while under the influence of marijuana and in some circumstances can prohibit marijuana use by employees.

But the five deputies who led the program acknowledged that the Ohio General Assembly could modify the rules because the issued passed was a voter-approved statute. And their explanation of marijuana law could be outdated within a few months with a change in the law by the legislature.

Lt. Craig Kennedy went over the basics. Oliver discussed the legal jeopardy a resident could face if they failed to follow the law. And Sgt. Shane Cline talked about the effects of marijuana use on an impaired driver and signs of marijuana use that law enforcement officers, employers, landlords and university administrators can look for.

'If everybody does what the law says, we'll be OK.'

Kennedy said a person in Ohio is now generally permitted to possess or transfer without compensation 2 1/2 ounces of marijuana in any form except "adult use" extract, of which they can possess up to 15 grams. Marijuana can be purchased only at licensed dispensaries.

"Back in the day, we get somebody with 2 1/2 ounces on (them) it would be a good bust," Oliver said. Now, Issue 2 "gives you the opportunity to do what you want in your home (as far as consuming marijuana away from children). It says, 'Your castle. Have at it.' If everybody does what the law says, we'll be OK."

An adult ages 21 or older can grow up to six marijuana plants at a time in a primary residence. The household limit is 12 marijuana plants at a time in a primary residence if the household has at least two adults ages 21 or older. The plants can only be grown in an area of the primary residence "within a secured closet, room, greenhouse or other enclosed area in or on the grounds of the residence" that can't be accessed by a person younger than 21 and isn't in a place visible from a public space.

Oliver said any adults in a household with children would have to be extremely careful to ensure that children cannot get access to any area of the home with growing marijuana plants. Those adults could face a child endangering charge if children got access to such areas.

"It's no different when securing a firearm from a kid," Victor Moore, 65, of Canton, an attendee who said he legally sells CBD, or cannabidiol, and hemp.

Kennedy said his department has had situations where children got access to marijuana, were taken to Akron Children's Hospital and nearly died.

Someone who grows marijuana plants legally in their home, which often yield a pound of product after about three months, are allowed to transfer up to six plants to another adult but only without compensation.

What are the signs of marijuana use?

Cline said signs of marijuana use include pink or red color in the whites of the eyes, the odor of marijuana, increased appetite, body tremors, eyelid tremors, paranoia, elevated taste buds and extended dilation of the eyes. Other signs include the right eye and left eye no longer moving in unison, elevated pulse, elevated blood pressure, involuntary jerking of the eye and abnormal muscle tone.

Cline said at a traffic stop, he will try to determine whether someone is under the influence of marijuana with field sobriety tests like he would try to determine if someone is under the influence of alcohol. Like alcohol, different amounts of marijuana will have different effects on people depending on their level of tolerance.

He said marijuana is a dangerous drug for someone driving a vehicle as it affects a person's ability to judge time and distance, increasing the chances of a collision.

Deputies answer questions on recreational marijuana

The deputies also answered questions from the audience.

A property room manager would have to return the marijuana if the amount was under the 2 1/2-ounce limit, Oliver said.

Colleges can limit or prohibit marijuana use on campus.

And landlords can prohibit a tenant from using marijuana on the landlord's property.

"You own the building. (You) set the parameters," Oliver said. "But make sure it's in the lease in bold print."

Oliver cautioned that the landlord could not prohibit a tenant from using marijuana away from his property.

Bree Skolmutch, 28, of Canton said she chose to attend the meeting after seeing a notice about it on Facebook.

"I thought it was great for somebody who doesn't know much about marijuana. It was very educational," she said, adding that she learned that even passengers cannot use marijuana while in a vehicle.

Moore said he's considering seeking to operate a licensed marijuana dispensary.

"I thought it was a very good class. Very informative," he said. "I think what stood out the most is I know people who (illegally) smoke in their vehicles. ... So people need to know that (it's illegal)."

Reach Robert at robert.wang@cantonrep.com. X formerly Twitter: @rwangREP.

This article originally appeared on The Repository: Stark sheriff's deputies answer questions on recreational marijuana