File Photo Wheeling Police Chief Shawn Schwertfeger said it will be business as usual enforcing marijuana possession laws in West Virginia now that the drug has been legalized in Ohio.

WHEELING — Law enforcement officials in West Virginia plan to go about business as usual when it comes to enforcing laws prohibiting recreational marijuana in West Virginia following its legalization in Ohio.

Though voters in the Buckeye State approved a measure legalizing recreational marijuana on Nov. 7, the drug remains classified as a Schedule I drug in West Virginia under WV Code § 60A-2-204. This means possessing any amount of the drug is classified as a misdemeanor “punishable by not less than 90 days, nor more than six months and not fined more than $1,000.”

Due to this difference in state laws, the legalization of the substance in Ohio did not create any “big discussion or extra planning” for the Wheeling Police Department, according to WPD Chief Shawn Schwertfeger.

“It’s Ohio law, and we’re in West Virginia,” he said.

The “big message” Schwertfeger wants to relay to the general public after marijuana’s legalization in Ohio is that the ruling across the river “doesn’t matter” for West Virginia law enforcement.

“I don’t need even to know the Ohio law because I know what the federal law is, and I know what West Virginia law is,” he explained.

Just as the laws surrounding the drug have not changed in West Virginia, Schwertfeger expects the “same sort of excuses” from people carrying the drug into the state.

Among them, he said, is that they claim to possess marijuana for medical purposes when they do not have a card.

“I guarantee our officers will hear, ‘Hey, I’m a Belmont County resident, and it’s legal, and that’s why I have it,'” noted Schwertfeger. “Well, too bad.

“You know it’s not legal here, leave that stuff in Belmont County. Don’t bring it over here.”

Acknowledging the situation was “unfortunate for some,” who believe marijuana laws “may be different” due to Wheeling being separated from Ohio by only a river, Schwertfeger noted “that’s always been the case” when it comes to laws in West Virginia versus Ohio.

“We’ll receive the same sort of excuses, but if you’re an Ohio resident and it’s legal there, then by all means use it in Ohio,” added Schwertfeger. “It doesn’t mean you are protected coming across the river.”

Business as usual for Moundsville Police Chief Tom Mitchell after Ohio’s legalization of marijuana means not expending extra manpower or time on policing whether the substance has crossed over into West Virginia from Ohio. When they encounter someone under the influence or in possession of marijuana, no matter its origin, Mitchell said they would simply, “enforce the law.”

“If they change the law in West Virginia, then we will modify our approach,” added Mitchell.

Marshall County Sheriff Bill Helms also doesn’t plan on allocating any extra manpower on marijuana policing. He said his office won’t expend extra time and staff on the new law as he is “a little down on manpower,”

“I don’t think we have the manpower to do that, it’s just a simple fact,” noted Helms. “We’re fortunate we’ve been able to maintain most of our manpower because we have so many other duties.”

Classifying marijuana restrictions in the state as “like any other law” they enforce, Helms noted that officers employ “discretion and are reasonable” about the enforcement of the law.

“It goes from situation to situation,” explained Helms. “We try to use a little bit of common sense and determine what the spirit of the law wants us to do.”

Fearing misconceptions from West Virginia residents regarding law differences across state lines may lead to someone being booked for possession of the drug, Helms noted the difference in marijuana policy between states “falls outside of the realm” of other reciprocal laws between West Virginia and Ohio such as concealed carry of weapons. He believes this may create confusion for residents.

“I’m sure some people would probably think, ‘Hey, it’s legally obtained,’ but it is still illegal in this state,” explained Helms. “No matter where they got it, you’re not allowed to possess it here.”

“I’m sure there are certain parts of the population that think they’re good to go, but it’s just not the case,” he added. “It would be a shame if someone legally obtained marijuana in Ohio and was then punished for bringing it over here because of their lack of knowledge when it comes to the law.”

While “nothing came to mind” when recalling if he had encountered this situation before, Helms acknowledged Ohio’s policy was “still young.”

“It’s still early, so I’m sure that situation is something we’re going to encounter,” explained Helms. “You always have that certain segment of the population who may not know or might be foggy on what the policy is.”

When they do encounter marijuana possession, Helms said they will “of course take enforcement actions then.”The sheriff’s office is taking the ruling “in stride,” he added. In a profession where “you never know what’s going to come along,” he noted the force has gotten used to adapting to new developments in the law, whether they be in the state or across the river.

“I think we’ll just take Ohio’s marijuana legalization one day at a time and see where it leads us,” said Helms. “I’m sure we will encounter it, but I’m not overly concerned at this point.

“When it proves to be a problem, then we’ll take action.”