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U.S. DEA doesn't rule out arrests for marijuana use in Ohio after legalization

On Friday, March 22, 2019, a participant smokes a marijuana cigarette during at meet and greet at "Tommy Chong's Live, Love, and Smoke Tour" in Los Angeles.
Richard Vogel
/
Associated Press

Federal agents haven't ruled out making arrests for marijuana use even after Ohio legalized the drug for recreational use.

Ohio and Michigan have both legalized marijuana for recreational use, but the drug is still illegal on the federal level. The U.S. Drug Enforcement Agency told WOSU that it is focused on arresting and charging "big fish" like drug traffickers, but didn't rule out arresting an everyday person smoking marijuana as allowed by Ohio law.

DEA spokesman Brian McNeal said the focus of the agency is on those manufacturing and distributing illicit substances.

"So are we necessarily after the kid with an ounce of weed for that kid or for that group of people? We want to provide information and remind that it is still remains of federally illegal substance, and you can be arrested and prosecuted," McNeal said.

McNeal did say the DEA "typically" leaves arrests of this nature up to local law enforcement.

"Can a student be arrested by a federal agent? Whether it's FBI, DEA, HSI? Yes, but that is not our intent or our goal to arrest, arrest users... who might have a substance on their person," McNeal said.

The fact is that the drug is still listed as a Schedule 1 drug on par with LSD and heroin. Some of the most dangerous drugs like fentanyl and methamphetamines are listed a tier below as Schedule 2 drugs because they have been approved for limited medical use and research.

The DEA's Detroit office announced it is launching an effort on college campuses and their surrounding communities in both Ohio and Michigan, where marijuana is also legal.

The effort is not focused on drug enforcement, but rather on giving out resources, education and information on the dangers of drug abuse and misuse. This includes what it calls drug use trends; the dangers of fake prescription pills; "party" drugs; and the rise of social media and drug trafficking.

One resource in particular available is a community outreach specialist who McNeal said has the training, the background and experience to reach out to college campuses or community organizations to identify areas of collaboration.

McNeal said they are targeting a younger age demographic in particular for this.

The DEA said in a press release that according to a 2023 report published by the Substance Abuse and Mental Health Services Administration, young adults ages 18 to 25 make up 11% of the more than 7.7 million drug-related annual emergency room visits in the U.S.

McNeal said drugs nowadays are more dangerous than years past.

"Back in the 60s, the 70s, the 80s, and even into the 90s and early 2000s, that experimentation wouldn't necessarily lead to death. We're talking, you know, marijuana, cocaine, heroin. But now the shift has been made to synthetic drugs by, drug traffickers and drug organizations. These synthetics are way more powerful and way more potent," McNeal said.

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McNeal said even now, the THC levels in marijuana are much higher. He said if people are buying it on the black market, there is always a risk people could risk buying product laced with a more dangerous drug like fentanyl.

McNeal said the black market remains an issue in Michigan and a lot of violent crime revolves around the black market for marijuana. He said a black market may develop because the economies of both are so closely linked due to Interstate 75.

McNeal said since people this age often experiment as they enter adulthood, it is an important time to educate people about drug use.

"What we like to do is provide information, the scare tactics of when when I was a kid, when I would sit down and watch Saturday morning cartoons and the guy would fry an egg and say, this is your brain on drugs. We've moved away from that," he said.

McNeal said this is being offered at Ohio's and Michigan's top 10 colleges by population.

George Shillcock is a reporter for 89.7 NPR News. He joined the WOSU newsroom in April 2023 following three years as a reporter in Iowa with the USA Today Network.