TOLEDO, Ohio — Imagine you're sitting in the in the Lucas County Jail, locked up on a marijuana conviction when you hear the news that recreational marijuana legalization just passed in the outside world.
So does this mean you're getting out?
Major Tricia White with the Lucas County Sheriff's Office said law enforcement is still waiting for guidance.
"The passage of that proposed legislation doesn't address those currently incarcerated on marijuana charges," said White. "Whether that will affect people currently facing charges is a matter for the courts to determine."
With statutes like Issue 2, there's a 30-day period before it can become law, giving the legislature and other officiating bodies a chance to hammer out the finer details about how this can and can't play out.
In the meantime, it's business as usual for law enforcement.
"The passage of this issue does not necessarily mean an individual can go and possess marijuana," added Major White. "Until we get language in place, the current laws that restrict marijuana possession will remain in effect."
But in the next 30 days, could that all change?
Jerry Phillips, a local criminal defense attorney, said he's not counting on it.
"I doubt if anything will happen in regards to those people because typically the quantities involved to get those people in prison are so much bigger than this statute provides for, and it's not retroactive so they're not gonna say, 'Mr. Jones, we saw you were convicted for marijuana two years ago, we're gonna let you go,'" said Phillips. "Not gonna happen,"
This isn't to say it's impossible. After all, Illinois expunged 800,000 marijuana convictions after legalizing recreational use.
Phillips said with a republican controlled legislature here in the Buckeye State, don't hold your breath.
"I just don't see that happening," said Phillips.
Issue 2 has had another impact on the jail, not on the inmates, but on the deputies running it.
Sheriff Mike Navarre sent a letter to the Lucas County prosecutor asking for a legal opinion as to whether or not he can ban his officers from using the drug altogether.
At this time, he has not received a response back.
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