DEA Can Still Make Cannabis Arrests In Legal Weed States Like Ohio, But It's Not 'Our Goal'

DEA agents can and may still make arrests for marijuana use despite Ohio’s November 2023 legalization of the cannabis because marijuana remains illegal under federal law.

A DEA official told an Ohio radio network that its primary focus is on arresting major drug traffickers, but it does not entirely rule out the possibility of arresting individuals who consume weed under state law.

Wait, Why?

DEA spokesperson Brian McNeal told of the Ohio State University-owned NPR affiliate, WOSU that the agency’s primary concern is those involved in the manufacture and distribution of illegal 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 still remains a federally illegal substance, and you can be arrested and prosecuted,” McNeal said.

Read Also: Cannabis Careers In Ohio Attracting Gen X, Millennials Amid Legalization’s Economic Boom

"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 users…who might have a substance on their person," McNeal told WOSU, adding that “typically” the DEA only goes after "big fish" involved in manufacturing or distributing controlled substances.

Despite state-level legalization of marijuana, cannabis remains classified as a Schedule 1 substance by the federal government, placing it in the same category as LSD and heroin. This classification contrasts with Schedule 2 drugs like fentanyl and methamphetamines, which though potentially far more dangerous, are recognized for having some approved medical uses, unlike marijuana.

Detroit Doing The Same

The DEA’s Detroit office recently announced an initiative targeting college campuses and surrounding communities in Ohio and Michigan. This initiative is more about education and resource distribution than enforcement. McNeal said the DEA wants to raise awareness about drug abuse and the risks associated with synthetic drugs, which have become increasingly potent and therefore possibly dangerous, as Ohio’s Gov. Mike DeWine has pointed out on various occasions.

“What we like to do is provide information, the scare tactics of 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,” McNeal said. “We’ve moved away from that.”

Now Read:

• Ohio’s Sales Surge Might Cast Trouble For Michigan’s Cannabis Market: Here’s Why

Photo: Courtesy of DEA