(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:
(b) Whoever violates section (a) of this section, anywhere inside city limits, is guilty of one of the following:
(1) Except as otherwise provided in (b)(3) of this section, possession of marihuana is a minor misdemeanor drug abuse offense.
(2) If the amount of the drug involved is less than two hundred 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.
(3) If the amount of the drug involved equals or exceeds two hundred grams, possession of marihuana is a fifth degree felony 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 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:
(d) Whoever violates section (c) of this section, anywhere inside city limits, is guilty of one of the following:
(1) Except as otherwise provided in (d)(3) of this section, possession of hashish is a minor misdemeanor drug abuse offense.
(2) 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.
(3) If the amount of the drug involved is over ten grams of solid hashish or over two grams of liquid hashish, possession of hashish is a fifth degree felony 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 knowingly do any of the following:
(1) Sell or offer to sell marihuana or hashish;
(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute marihuana or hashish, when the offender knows or has reasonable cause to believe that the marihuana or hashish is intended for sale or resale by the offender or another person.
(f) Whoever violates section (e) of this section, anywhere inside city limits, is guilty of trafficking in marihuana.
(g) Trafficking in marihuana shall be a fifth degree felony drug 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.
(h) No person shall possess, sell, manufacture or use marihuana or hashish paraphernalia. The penalty for the offense shall be as follows:
(i) Whoever violates section (h) of 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.
(j) No Toledo police officer, or his or her agent, shall report the possession, sale, distribution, trafficking, control, use, or giving away of marihuana or hashish to any other authority except the Toledo City Attorney; and the City Attorney shall not refer any said report to any other authority for prosecution or for any other reason.
(k) 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 ordinance, or the relevant portions thereof, shall be null and void.
(l) Criminal or Civil Asset Forfeiture due to any violation of these sections herein is not authorized and is strictly prohibited by any authority.
(m) 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.
(ORC 2925.11)
(n) All court costs to be suspended for minor misdemeanor violations of these sections herein.
(o) Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Invalid sections shall be revised to the minimum extent necessary to maintain validity and enforceability.
(Ord. 365-14. Passed by electors 9-15-15.)