US DEA does not rule out arrests for marijuana use in Ohio after legalization

Federal officials are not ruling out 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 at the federal level. The U.S. Drug Enforcement Administration told WOSU that it is focused on arresting and prosecuting “big fish” like drug dealers, but did not rule out arresting regular people who smoke marijuana, as Ohio law allows.

DEA spokesman Brian McNeal said the agency’s focus is on the production and distribution of illegal substances.

“So are we necessarily going after the kid with an ounce of weed, because of that kid or that group of people? We want to educate and remind that these are still remnants of a federally illegal substance and you can be arrested and prosecuted,” McNeal said.

McNeal said, however, that the DEA “normally” leaves arrests of this kind to local law enforcement.

“Can a student be arrested by a federal agent? Be it the FBI, DEA or HSI? Yes, but it is not our intent or goal to arrest users who may have a substance on their person,” McNeal said.

In fact, the drug is still listed as a Schedule 1 drug, right up there with LSD and heroin. Some of the most dangerous drugs, like fentanyl and methamphetamines, are listed one level below as Schedule 2 drugs because they are approved for limited medical use and research.

The DEA’s Detroit office announced that it would launch a similar operation on college campuses and in surrounding communities in Ohio and Michigan, where marijuana is also legal.

The focus of the effort is not to fight drugs, but to provide resources, education and information about the dangers of drug abuse and misuse, including so-called drug use trends, the dangers of counterfeit prescription drugs, “party drugs” and the rise of social media and drug trafficking.

One particular resource is a community outreach specialist who, according to McNeal, has the training, background and experience to contact universities or community organizations and identify areas for collaboration.

McNeal said they are particularly interested in appealing to a younger age group.

The DEA said in a press release that according to a 2023 report from the Substance Abuse and Mental Health Services Administration, young adults ages 18 to 25 account for 11% of the more than 7.7 million drug-related emergency room visits in the United States.

McNeal said drugs are more dangerous today than in years past.

“In the ’60s, ’70s, ’80s and even the ’90s and early 2000s, this experimentation didn’t necessarily lead to death. We’re talking about marijuana, cocaine and heroin. But now drug traffickers and drug organizations have moved on to synthetic drugs. These synthetic substances are much stronger and more potent,” McNeal said.

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McNeal said the THC content in marijuana is still much higher today. He said when people buy it on the black market, there is always a risk they are buying a product laced with a more dangerous drug like fentanyl.

McNeal said the black market remains a problem in Michigan and many violent crimes occur in the black market for marijuana. He said a black market could develop because the economies of both states are so closely linked because of Interstate 75.

McNeal said that since people of this age often experiment as they move into adulthood, now is an important time to educate people about drug use.

“We want to provide information and not create fearmongering like when I was a kid sitting there watching Saturday morning cartoons and the guy fried an egg and said, ‘This is your brain on drugs.’ We’ve moved away from that,” he said.

McNeal said this program is offered at the 10 most populous colleges in Ohio and Michigan.