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INITIATIVE PETITION

NOTICE.

Whoever knowingly signs this petition more than once, signs a name other than his own, or signs 

when not a legal voter is liable to prosecution.

Enacting new Section 513.20 entitled “Marijuana laws and penalties” to the Village of 

Windham Codified Ordinances. All ordinances or parts of ordinances in conflict with this 

Ordinance are hereby repealed or invalid.

To the Village Clerk of the Village of Windham, Portage County, Ohio:

We, the undersigned qualified electors of the Village of Windham, Portage County, Ohio, hereby 

present by initiative petition, a request that there be submitted for consideration of the people and 

electors of the Village of Windham, Ohio for their approval or rejection, at an election in 

accordance with the laws of the State of Ohio, the following Ordinance. A full and correct copy 

of the title and text of said Ordinance is as follows:

THE SENSIBLE MARIHUANA ORDINANCE 

Be it ordained by the people of the Village of Windham that:

The new Windham Village Code Section 513.20 be enacted to read as follows:

513.20 . MARIHUANA LAWS AND PENALTIES.

(a) No person shall knowingly obtain, possess, or use marihuana or a compound, mixture, 

preparation, or substance containing marihuana other than hashish, whoever violates this section 

is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:

(1) If the amount of the drug involved is less than two hundred grams, possession of marihuana is 

a minor misdemeanor drug abuse offense. Persons convicted of violating this section shall be 

fined $0.00 

(b) No person shall knowingly obtain, possess, or use hashish or a compound, mixture, 

preparation, or substance containing hashish, whoever violates this section is guilty of possession 

of hashish. The penalty for the offense shall be determined as follows:

(1) If the amount of the drug involved is less than ten grams of solid hashish or less than two

grams of liquid hashish, possession of hashish is a minor misdemeanor drug abuse offense. 

Persons convicted of violating this section shall be fined $0.00.

(c) No person shall knowingly cultivate or manufacture marihuana. The penalty for the offense 

shall be as follows:

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(1) If the amount of the drug involved is less than two hundred grams, illegal cultivation of 

marihuana is a minor misdemeanor drug abuse offense. Persons convicted of violating this 

section shall be fined $0.00.

(d) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana. 

The penalty for the offense shall be determined as follows:

(1) Whoever violates this section, anywhere inside village limits, is guilty of trafficking in 

marihuana, a minor misdemeanor drug abuse offense. Persons convicted of violating this section 

shall be fined $0.00.

(e) No person shall possess, sell, manufacture or use marihuana or hashish paraphernalia. The 

penalty for the offense shall be as follows:

(l) Whoever violates this section shall be guilty of a minor misdemeanor drug abuse offense. 

Persons convicted of violating this section shall be fined $0.00.

(f) All court costs shall be $0.00 for violations of sections herein. 

(g) Severability. The sections of this ordinance are severable. The invalidity of a section shall not 

affect the validity of the remaining sections. Invalid sections shall be revised to the minimum 

extent necessary to maintain validity and enforceability.

(h) Definitions

(1) "Marihuana" means all parts of a plant of the genus cannabis, whether growing or not; the 

seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every 

compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its 

seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from 

the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, 

salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the 

mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of 

germination; except that it does not include hashish.

(2) "Hashish" means the resin or a preparation of the resin contained in marihuana, whether in 

solid form or in a liquid concentrate, liquid extract, or liquid distillate form.

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The form of the ballot by which this ordinance shall be submitted to the electors of the Village of 

Windham at the next regular election shall be substantially as follows:

 “Shall the Village of Windham adopt the sensible marihuana ordinance, which 

 lowers the penalty for misdemeanor marijuana offenses to the lowest penalty 

 allowed by State Law.

 

 

 

This Ordinance shall become effective on the fifth day after the day on which the board of 

elections certifies the official vote on such question

Each of the undersigned electors hereby request that said ordinance hereinbefore set forth be 

certified to the proper election authorities and submitted to the electors of the Village of 

Windham, Ohio for approval or rejection, and the proper notices be published, all as required by 

law and the provisions of the State of Ohio.

 For the Ordinance

 Against the Ordinance

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 Printed Name Residence in Windham, OH

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 Signature

 

 Printed Name Residence in Windham, OH

 Street and Number

 Date

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AFFIDAVIT OF CIRCULATOR

The State of Ohio, Portage County, ss,

I,________________________________________, being duly sworn, deposes and say that 

 (Printed name of Circulator)

I reside at the address appearing below my signature hereto: that I am the circulator of the 

forgoing paper containing _______signatures: that I witnessed the affixing of each signature, 

that that all signers were to the best of my knowledge and belief qualified to sign, and that 

every signature is to the best of my knowledge and belief the signature of the person whose 

signature it purports to be. 

 Signed__________________________________________________

 

Address_________________________________________________ 

 _________________________________________________

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE

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