CPD: Smoking marijuana in public is illegal, officers may use discretion
April 20 is widely recognized as a day of celebration for marijuana culture. This year marked the first time cannabis users in the Buckeye State could legally purchase marijuana since Ohio voters approved a citizen-led statute in 2023.
Adults over 21 may possess small amounts of marijuana, but smoking the distinct-smelling plant in public remains illegal. That has put the union representing Cincinnati's 1,000 police officers at odds over the department's guidance on enforcement.
President of the Fraternal Order of Police Queen City Lodge, Ken Kober, says Cincinnati police officers raised concerns ahead of the event about public use of marijuana and how to enforce it.
"So, I reached out to the solicitor's office, and their response was that there's no expectation for Cincinnati police officers to enforce smoking marijuana in public," Kober said.
Cincinnati Police Chief Theresa Theetge shared the department's policy regarding marijuana enforcement at public events.
"It is my expectation that CPD officers exercise discretion, guided by local, state, and federal laws, when addressing marijuana use," Theetge said in a statement. "As an example, during large-scale outdoor events, officers may encounter situations where multiple individuals are smoking marijuana in public. In such scenarios, it is up to each individual officer to determine whether to take enforcement action."
The event took place along Short Vine in the Coryville neighborhood of Cincinnati. It was permitted as an Earth Day event by the city of Cincinnati, said Mollie Lair, a city spokesperson.
Cincinnati police provided security for the April 20 event called "The Peaceful Block Party," advertised on social media as a celebration of cannabis culture, said Josh Harp, the event organizer and a cannabis advocate known as Pothead Genius.
"It's an event that brings all walks of life or people together," Harp said. "We have food vendors, clothing, candle makers, you make it. It's just a very community event. It's located in the mecca of Cincinnati."
A moment of silence was held to shed light on the impact of the war on drugs, Harp said. It's the fourth year he's hosted the event alongside his sister, hoping to educate the community about cannabis, regulations and the industry.
While it was not encouraged, Harp said there were adults smoking marijuana along Short Vine at the block party. Harp said the free, family-friendly event took precautions to make sure they were in compliance with Ohio law.
"No sales, no sales of cannabis," Harp said. "People definitely smoke, people smoke on Short Vine every day."
Cincinnati's police union argues the department's enforcement guidance puts police officers in a difficult position, especially if someone gets hurt.
"It's not a good look to have officers at an event that is clearly not within the legal parameters of the law, but yet they're there anyway," Kober said. "A lot of people might say, 'Well, if the police aren't going to enforce the law, and why do we have them here?'"
Ohio's cannabis laws and regulations are still in development. State lawmakers are considering bills from the House and Senate that would further regulate what's expected to be a $1 billion industry.
Lawmakers, legal scholars and attorneys say that event goers and organizers at public-facing events could risk enforcement actions ranging from fines for public consumption to criminal drug trafficking charges, though enforcement is likely to vary by individual law enforcement agencies.