cannabisnews.com: Marijuana Law Marijuana Law Posted by CN Staff on May 31, 2004 at 18:39:55 PT By Russell Selkirk & Sean Luse Source: Columbus Free Press Laws regarding marijuana sale, possession and cultivation vary greatly from state to state. While federal laws such as the Controlled Substances Act and the Comprehensive Drug Abuse Prevention and Control Act of 1970 have sought to consolidate laws regarding marijuana and narcotics, each of the 50 states have put into effect their own policies regarding marijuana. Because of this federalist approach to controlling drug policy, Ohio along with Oregon, Colorado, California, Arkansas, Maine, Minnesota, Mississippi, New York, North Carolina and Nebraska have passed laws decriminalizing small amounts of marijuana. Smoking, Growing and Selling in Ohio In 1975, the Ohio legislature joined California, Oregon, New York and several other states in de-criminalizing small amounts of marijuana. The Ohio revised code was amended to state that possession of less than 100 grams of marijuana is a civil citation carrying a fine of $100. The sale or delivery of 20 grams or less of marijuana, for no remuneration (payment), is also considered possession, and is a civil citation carrying a $100 fine. Relatively speaking the cannabis laws in Ohio are some of the most lenient in the United States. The Ohio Constitution contains a provision known as the ‘Home Rule Clause’ which allows municipalities to enact legislation specific to their locales. Because of this clause a handful of municipalities have enacted tougher marijuana laws, but Ohio residents as a whole still enjoy more cannabis freedom than most U.S. citizens. The most serious challenge to decriminalization in Ohio has been the Paraphernalia laws. Possession of drug paraphernalia is a misdemeanor punishable by 30 days in jail and a $750 fine. Since paraphernalia laws carry a much harsher penalty than possession laws, police and prosecutors have become masters at convincing judges that anything and everything is drug paraphernalia. In some places in Ohio, citizens found smoking a joint are more likely to be arrested for possession of paraphernalia (the rolling papers in their pocket) than actually being charged with marijuana possession. Complete Title: Marijuana Law, From Decriminalization To Re-CriminalizationComplete Series from the Columbus Free Press: http://www.freedomtoexhale.com/press.htmSource: Columbus Free Press (OH)Author: Russell Selkirk & Sean LusePublished: May - June 2004Copyright: 2004 The Columbus Free PressContact: truth freepress.orgWebsite: http://www.freepress.org/CannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #21 posted by FoM on June 03, 2004 at 23:29:30 PT Related Article from The Associated Press Ohio State Cancels HempfestFriday, June 4, 2004 COLUMBUS (AP) -- An annual pro-marijuana event at Ohio State University expected to draw thousands of people Saturday has been canceled by the university because officials say organizers did not follow the rules. Organizers of Ohio Hempfest say they are being unfairly targeted and are promising to fight the decision. Lawyers hired by the group asked for an injunction against the university Thursday in U.S. District Court. An injunction would allow the event to go on. Judge Algenon Marbley was expected to make a decision Friday. "By canceling the Hempfest the university violated the First Amendment," attorney Sandy Spater said. "We are asking for a temporary restraining order against the university." Hempfest has been held on Ohio State's campus since 1996. The event includes speakers, bands, literature tables and vendors. The event was to run from noon to midnight. Students for Sensible Drug Policy, the festival's sponsor, asked to reserve space on the south Oval in October, organizer Sean Luse said. The request was approved in April, he said. But Pat Hall, director of the university's Student Judicial Affairs, told him in an e-mail on Tuesday that Hempfest was canceled. The group did not give the university 10 days' notice and did not have written permission from its faculty sponsor, Hall said. Those conditions were placed on the group after students smoked marijuana in an academic building following another event the group hosted in November. University spokeswoman Elizabeth Conlisk confirmed Thursday that Hempfest won't be held this year. "As far as we're concerned they didn't follow the rules," she said. The cancellation has nothing to do with the event, said Rich Hollingsworth, associate vice president of student affairs. He said reserving space is not the same as having permission. "If the group wanted to reschedule ... they could do it," Hollingsworth said. "Of course, that would be a little hard to do with the school year ending." Luse said vendors, musicians and speakers are still preparing for Saturday's event. "We have not canceled the event," Luse said. "There are many people eager to come to the Hempfest and they are angry the university would try to squash the event." Ohio State Police Chief John Petry told Luse the event concerns him. "In past years, there has been significant drug use at the event and the sponsoring group has done little to stop that and could even be said to encourage it," Petry wrote in an e-mail to Luse. Hollingsworth, Hall and organizers, though, recalled no trouble at previous Hempfests. "There's never been violence or shootings or mass arrest," Luse said. "It just hasn't happened." Copyright: 2004 The Associated Press [ Post Comment ] Comment #20 posted by FoM on June 03, 2004 at 22:06:02 PT Poll on Hempfest in Ohio Should there be a Hempfest event on The Ohio State University Campus? Current Results:Percentage of 1346 Votes Yes -- 673 -- 50% No -- 673 -- 50% Please Vote: http://www.nbc4columbus.com/index.html [ Post Comment ] Comment #19 posted by FoM on June 03, 2004 at 21:59:12 PT A Video About The Hempfest in Ohio http://www.10tv.com/Global/story.asp?S=1916526 [ Post Comment ] Comment #18 posted by FoM on June 03, 2004 at 14:31:24 PT Breaking News from WBNS-TV 10 OSU Campus: Hempfest Organizers Upset By Cancellation June 3, 2004 Organizers of OSU's Hempfest are taking their fight with the University to federal court after OSU cancels the event.At issue is whether the annual OSU event, originally set for Saturday, will happen at all. OSU says no, but organizers refuse to cancel bands, food vendors, or the other groups that have been planning to attend since January.Now the fight is in federal court. "Students for Sensible Drug Policy" just filed a lawsuit late Thursday afternoon against OSU.The federal action claims first amendment rights have been trampled, but the university has a very different point of view.Organizers say 10,000 people are expected to attend Hempfest.Organizer Sarah Clark is with Students for Sensible Drug Policy, a group that every year promotes the legalization of marijuana."It is the largest student run event happening on campus, yet they still want to shut it down," says Clark.Clark says freedom of speech is being attacked here.Tuesday, the university emailed the group to say Hempfest was cancelled.The South Oval has been reserved since January, but Clark admits the group didn't get advisor support until this week and didn't notify OSU police 10 business days in advance of Saturday.They could have had the event, had they followed the rules, but they didn't," says OSU Spokesperson Elizabeth Conlisk.Students are split on their thoughts about the fight.OSU senior Troy Sutton says, "If that's the university policy, they have to follow it."Freshman Arielle Kamps thinks it's more an attack on the message."I think it's unfair if they don't let them have it. Whether I agree or not, it's their freedom," says Kamps.Now, a federal judge may have the final say whether this happens at all.http://www.10tv.com/Global/story.asp?S=1916526 [ Post Comment ] Comment #17 posted by FoM on June 03, 2004 at 13:58:47 PT DPFCA: URGENT: Ohio Hempfest Needs Your Help! The Ohio Hempfest has recently fallen on hard times. Tuesday, we were alerted that the administration at Ohio State intends to cancel the Ohio Hempfest, a production by the local chapter of Students for Sensible Drug Policy (SSDP) that will occur on June 5th, this Saturday. Over the last 48 hours we have tried tirelessly to urge the administration to reverse their decision, but mostly our pleas have fallen on deaf ears.This reactionary move by the University stems from a technical requirement that SSDP failed to meet by a specified deadline. However, the Ohio State Police Department has made it very clear that the reason they want to stop the event from happening is because they believe criminal activity will happen at the event based on the pro-cannabis message we are advertising. This is clearly an assault on our 1st amendment right to free speech and the freedom of assembly.We, the organizers have made it very clear to OSU administrators that the Hempfest must go on. We have secured a well-respected and established team of civil rights lawyers, and they are prepared to file for an injunction this afternoon in federal court.Students for Sensible Drug Policy have worked for more than 6 months to raise the $15,000 it takes to put together an event of this magnitude and complexity and it would be shameful of the university to end this much-anticipated and popular university event. Many student will miss out on this important experience and we will have approximately 40 vendors - whose money has already been invested in the festival - that will obviously suffer huge losses of their own if the festival does not happen.Ohio State SSDP needs your help in the form of phone calls and emails to the OSU administrators involved. Please call NOW! and let all of these people know that the Ohio Hempfest must go on. Below you will find contacts for the parties involved and some talking points for your phone calls and emails.We must come together to make sure our rights to organize and speak about the truth do not fall victim to the wishes of a few reactionary individuals!Yours in the struggle,Russell Selkirk Alumni Advisor,Ohio State SSDP (614) 291-1026__________________________________________________________________________Bill Hall Vice President, Student Affairs hall.23 osu.edu (614) 292-9334Patrick Hall Director, Student Judicial Affairs hall.606 osu.edu (614) 292-0748Vernon Baisden Vice President, Dept. of Public Safety baisden.14 osu.edu (614) 247-6300Richard Hollingsworth Associate Vice President, Student Affairs hollingsworth.1 osu.edu (614) 292-0307John Petry Chief of Police petry.1 osu.edu (614) 292-2121Talking Points:1) The University has known the Hempfest was planned for more than six months and many students are looking forward to this fun and educational event.2) There has never been any significant problems with the Hempfest in years past and police officers walking through the event have commented how well the event is organized and maintained without the help of OSU police.3) We feel the Ohio Hempfest is being targeted because the nature of our political message. This is a violation of our 1st amendment rights to free speech and freedom to organize.4) SSDP has worked hard throughout this past school year to make this event a success and the administration wants to discredit and undo all of the hard work and countless hours that have gone into planning and organizing this event.***If you can help us generate press, please refer all inquiries to Russell, Sean or Sarah at 614-291-1026.***** [ Post Comment ] Comment #16 posted by afterburner on June 01, 2004 at 20:55:59 PT If it's a 'War' on Drugs Follow Geneva Conventions or Stop calling it a war and treating it as a war, or better yet, Stop the War (on Some Plants)!' Article 84 of the fourth Geneva Convention prohibits housing prisoners of war and "persons deprived of liberty for any other reason" with general criminal populations. The rules also require that enemy prisoners be kept in facilities "affording every guarantee of hygiene and healthfulness." ' ---Jun. 1, 2004. 07:01 PM [Toronto Star] POW treatment illegal, U.S. general warned: General wrote in report last fall that prison conditions violated Geneva Convention http://tinyurl.com/3xvrm [ Post Comment ] Comment #15 posted by Richard Paul Zuckerm on June 01, 2004 at 16:48:13 PT: CONGRESSMAN PALLONE IS AGAINST IT! Another noteworthy event today was receipt of the letter by Congressman Frank Pallone, Jr., 420 Cannon House Office Building, Washington, D.C., who finally provides me detail why he is against Medical Marihuana. His only stated reason is this: THE F.D.A. HAS NOT APPROVED IT.Richard Paul Zuckerman, Box 159, Metuchen, New Jersey, 08840-0159, (Cell telephone number)(908) 403-6990, richardzuckerman2002 yahoo.com. [ Post Comment ] Comment #14 posted by FoM on June 01, 2004 at 14:14:19 PT A Correction I said I only had one album when I was growing up. I was a young adult when I finally bought my first album and it was Tapestry. I only heard Bob Marley when I was in my 40s. Music has come a long way since those days. There I feel better. [ Post Comment ] Comment #13 posted by FoM on June 01, 2004 at 12:56:12 PT AgaetisByrjun I think I understand now. I really do want those who write to do a good job and know the facts and quote them right. We shouldn't see too many mistakes anymore or I hope we don't. [ Post Comment ] Comment #12 posted by AgaetisByrjun on June 01, 2004 at 12:50:41 PT FoM As I said, it's really no biggie at all. It's a common usage in speech, used by pretty much everybody, but it's a bit suspect, grammar-wise:...each of the 50 states have put into effect their own policies regarding marijuana.If it were "all 50 states", it'd be correct. "All 50 states" is plural and would take the "their" later on. However, "each of the 50" is speaking about each state as a single unit. The construction is singular and would take a singular pronoun (namely, "its"). Either of the two following would be formally correct:"...each of the 50 states has put into effect its own policy regarding marijuana." "...all 50 states have put into effect their own policies regarding marijuana."As it is, "each of the 50 states" is a shortcut for writing "Virginia has put into effect its own policy regarding marijuana, Vermont has put into effect...". It's a bit clearer there to see that "their" would be out of place.It's a fine point, but one worth making in formal writing. The copy editor ought to have picked up on it, but that's life. Maybe I am being too picky, but I feel that cannabists should express themselves in print as if the movement depended on it (which it sort of does). The "dumb stoner" stereotype hs gone on far too long (even if, in this case, it's a pretty big (and pretentious) leap of logic to equate making a small error, one very much accepted and current in informal speech, with saying something like "I ain't liking them pot laws") to give them ANY ammunition. Again, that's just my opinion. I'm sure some of you are cringing, but I do feel that every little bit counts in turning the tide toward legalization. [ Post Comment ] Comment #11 posted by FoM on June 01, 2004 at 12:47:07 PT Thanks EJ I don't think I ever heard any of his songs. That doesn't surprise me because I only heard a few of Bob Marley's songs and not any when I was growing up. I only had a radio and just one album and it was Carole King's Tapestry. When I met my husband I listened to what he liked and learned to like it too. I have more music now then I ever did before. [ Post Comment ] Comment #10 posted by E_Johnson on June 01, 2004 at 12:46:48 PT Here's a review of his recent show http://www.fairfieldweekly.com/gbase/Music/content?oid=oid:60309The reviewer is on the bigoted side but it has some good stuff in it. [ Post Comment ] Comment #9 posted by E_Johnson on June 01, 2004 at 12:37:06 PT FoM Toots was activized before any of us Toots Hibbert of Toots and the Maytals is a reggae singer and song writer with a long and prosperous career. He was arrested for ganja in 1966 and served 18 months in prison, and then turned that into a song 54-46 Was My Number. [ Post Comment ] Comment #8 posted by FoM on June 01, 2004 at 12:34:44 PT AgaetisByrjun I don't like errors in editorials either but I'm not sure I understand what you mean. I'm probably missing it. [ Post Comment ] Comment #7 posted by FoM on June 01, 2004 at 12:26:48 PT About Toots I never heard of him before the concert last night but he was good. My music knowledge is very basic. I thought it was great to see Bob Dylan but he didn't seem like he was getting into it like the others did. Jerry Lee Lewis was looking very old and I'm glad I got to see him perform again because he doesn't look long for this world. Keith Richards still looks as old as he did back in the 70s! Was he ever young!!! LOL! Seriously though I liked how Richards bowed to Willie. [ Post Comment ] Comment #6 posted by AgaetisByrjun on June 01, 2004 at 12:25:06 PT I really hope this doesn't make me sound like a... ...prude or grammar Nazi. But I did notice something in the first paragraph of this article to give me pause:[Laws regarding marijuana sale, possession and cultivation vary greatly from state to state. While federal laws such as the Controlled Substances Act and the Comprehensive Drug Abuse Prevention and Control Act of 1970 have sought to consolidate laws regarding marijuana and narcotics, each of the 50 states have put into effect their own policies regarding marijuana. Because of this federalist approach to controlling drug policy, Ohio along with Oregon, Colorado, California, Arkansas, Maine, Minnesota, Mississippi, New York, North Carolina and Nebraska have passed laws decriminalizing small amounts of marijuana. ]I hope the HTML turned out right. If not, then I put into boldface the "their" following "each of the 50 states...". I speak like this all the time, in everyday English, of course. Everybody does. But I've come to cringing every time I see even "B-level" grammatical errors in print. In case you overlooked it or forgot, pronouns have to agree with their antecedents (what they stand for). The antecedent in this case is "each of the 50 states" -- being singular -- and the following pronoun is "their" (plural). It ought to be "its".If this makes me sound pedantic, I apologize. I don't care how anybody here words comments: it's your own way of expressing yourself, by all means use the language however you see fit! A forum like this is just a way to speak your mind.However, in print media, I've felt it's extremely important for pro-cannabis pieces to dash the "dumb stoner" image to pieces. Maybe I am a prude like this, and maybe I'm the only one here who feels this way, but I think that, as a prepared and formal article, it really ought to read "its", so any doubters (especially ones with an eye for such things) don't have even the slightest morsel of "uneducated" (which is rubbish) phrase to spring upon.I very well may be the only one here who feels this way, but I'd just like to say that I feel it very important that pro-cannabis pieces or editorials be as formal as possible. We've endured the dumb stoner stereotype for so long that it would be very sweet to give the impression that Oxford professors (or those equally "educated" (read: pedantic)) think that the cannabis laws are rubbish and ought to be cast away.Again, I apologize if this comment makes me sound like I've got a stick up where the sun don't shine. :) [ Post Comment ] Comment #5 posted by E_Johnson on June 01, 2004 at 12:04:52 PT Toots' new album True Love is like the concert The song he did with Willie in on there. It's an album of covers of his (Toots) hit songs with Toots and the Maytals and special guests including people like Ben Harper, Keith Richards, Willie Nelson, Bonnie Raitt, Shaggy, No Doubt and Eric Clapton. [ Post Comment ] Comment #4 posted by FoM on June 01, 2004 at 11:29:37 PT About The Concert When Willie Nelson sang I'll Fly Away I just loved it. That was an old church hymn that always brought the congregation to their feet. Those are good memories of church days gone bye. [ Post Comment ] Comment #3 posted by FoM on June 01, 2004 at 08:54:09 PT EJ I Really Enjoyed The Concert Too I really enjoyed it too. I watched it twice. I loved Carole King and Jerry Lee Lewis and Keith Richards. I never saw Kid Rock perform before and he did a really good job. The whole concert shows that people can live long lives and smile and enjoy themselves. That says a lot to me. I'm beginning to think people that have partied hard during their lives live longer then those that don't. It might not be true but it makes me wonder. [ Post Comment ] Comment #2 posted by E_Johnson on May 31, 2004 at 23:50:28 PT That was a great concert I had a great time watching it, especially when Toots was on stage.Toots has a new album out, he does a version of 54-46 Was My Number with Jeff Beck of all people. [ Post Comment ] Comment #1 posted by ekim on May 31, 2004 at 19:01:40 PT Montel was just on Hannity and Colms I dont know if it was a old show but Montel was talken about his new book Climbing Higher http://www.mmdetroit.org [ Post Comment ] Post Comment