(a) No person shall knowingly obtain, possess, or use marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:
(1) If the amount of the drug involved is less than 200 grams, possession of marihuana is a minor misdemeanor drug abuse offense. Persons convicted of violating this section shall not be fined and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed.
(b) No person shall knowingly obtain, possess, or use hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates this section is guilty of possession of hashish. The penalty for the offense shall be determined as follows:
(1) If the amount of the drug involved is less than ten grams of solid hashish or less than two grams of liquid hashish, possession of hashish is a minor misdemeanor drug abuse offense. Persons convicted of violating this section shall not be fined and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed.
(c) No person shall knowingly cultivate or manufacture marihuana. The penalty for the offense shall be as follows:
(1) If the amount of the drug involved is less than 200 grams, illegal cultivation of marihuana is a minor misdemeanor drug abuse offense. Persons convicted of violating this section shall not be fined and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed.
(d) No person shall knowingly give or offer to make a gift of 20 grams or less of marihuana. The penalty for the offense shall be determined as follows:
(1) Whoever violates this section, anywhere inside City limits, is guilty of trafficking in marihuana, a minor misdemeanor drug abuse offense. Persons convicted of violating this section shall not be fined and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed.
(e) No person shall possess, sell, manufacture or use marihuana or hashish paraphernalia. The penalty for the offense shall be as follows:
(1) Whoever violates this section shall be guilty of a minor misdemeanor drug abuse offense. Persons convicted of violating this section shall not be fined and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed.
(f) Should the State of Ohio enact lesser penalties than that set forth above, or entirely repeal penalties for the possession, sales, distribution, trafficking, control, use, or giving away of marihuana or hashish, then this section, or the relevant portions thereof, shall be null and void.
(g) Criminal or civil asset forfeiture due to any violation of these sections herein is not authorized and is strictly prohibited by any authority.
(h) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness.
(i) All court costs to be suspended for minor misdemeanor violations of these sections herein.
(j) Severability. The divisions of this section are severable. The invalidity of a division shall not affect the validity of the remaining sections. Invalid divisions shall be revised to the minimum extent necessary to maintain validity and enforceability.
(k) Drug abuse offenses of this section, while not operating a motor vehicle, shall not constitute a suspension of driver's or commercial driver's license or permit for any length of time.
(Initiative Petition approved by voters 11-8-16)