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With early voting now underway in Ohio, the potential that marijuana may be legalized remains the hottest political topic in our state. With Colorado reporting sales of $100 million in just the last month, it’s ensured that legalization will remain on peoples’ minds here and everywhere else. Seemingly lost among the debate is a related effort by Responsible Ohio, the group behind Issue 3. It’s known as the Fresh Start Act.  The idea is this: if Ohio voters approve Issue 3 then the Fresh Start Act will allow those who ran afoul of various marijuana laws to petition to have their records expunged. A successful expungement essentially means life continues as if the offense never occurred, at least in the eyes of the court.

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If you live in Ohio and are inclined to follow political news and developments, you are already aware voters will be asked in November whether or not they favor legalizing marijuana in Ohio. What you probably do not know is Toledo voters have a similar issue on their citywide ballot.  With early voting, they are already casting their ballots prior to the city’s September 15 election day. What’s Issue One in Toledo? Unlike the statewide ballot initiative, Toledo’s proposed statute does not seek to legalize marijuana. Even with the approval of Toledo voters, that would be a losing battle because state law trumps local governments in this regard. Instead, Issue One in Toledo would decriminalize marijuana and make other common sense changes to that city’s drug laws. Now, if you are fairly knowledgeable about this issue, you already know state legislators, to their credit, decriminalized marijuana throughout Ohio decades ago. However, because Ohio is a “home rule” state, local governments are free to pass and enforce certain categories of laws on their own so long as they do not conflict with state law. This has resulted in slightly different marijuana laws in and around Ohio depending on where you are. For instance, being caught with even small amounts of marijuana in Medina means a first-degree misdemeanor and a mandatory three days in jail for those convicted.

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