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<v Speaker 1>My Billy cunning in the Great America. Welcome to this glory.

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<v Speaker 1>It's Thursday afternoon the tri state of bit cloudy, but

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<v Speaker 1>the weather looks perfect for the weekend concert with the

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<v Speaker 1>Voice of America, where I may be introducing Jason Oldeen

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<v Speaker 1>and his big green tractor. I'm not sure it's a

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<v Speaker 1>big green tractor or a little green tractor, but there'll

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<v Speaker 1>be a big tractor there. But until then, of course,

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<v Speaker 1>Reds Baseball kicks off first pitch at six ' ten

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<v Speaker 1>tonight bit early, and we're going to be gin a

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<v Speaker 1>coverage about five to ten as the Reds blue one

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<v Speaker 1>last night big time. Hopefully they'll win today, win the series,

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<v Speaker 1>and move on to Milwaukee. They play good teams better

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<v Speaker 1>than bad teams. But until then, Melissa Powers, of course,

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<v Speaker 1>is the Amley County Prosecutor walking in the shoes of

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<v Speaker 1>Joe Eaters, Artney and Simon Leees and Melissa Powers. Welcome

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<v Speaker 1>again to the Bill Cunningham Show. And Melissa, with your permission,

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<v Speaker 1>I have a few questions to ask about marijuana. Here's

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<v Speaker 1>the first one. Let's say you're a Tony Bender type

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<v Speaker 1>that lives in Green Township and you legally possess a

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<v Speaker 1>handgun because you like to carry one. And right now

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<v Speaker 1>we are kind of an open carry We don't have

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<v Speaker 1>to have a permit anymore, and you have no disability.

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<v Speaker 1>Is it legal for a Tony bender in Green Township

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<v Speaker 1>or a Tony rosyellow to have possession of a legal

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<v Speaker 1>handgun in their pocket or purse or whatever, and then

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<v Speaker 1>they go in to buy marijuana which is now legal.

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<v Speaker 1>And can you walk around the streets, the mean streets

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<v Speaker 1>of Green Township with a gun and possessing legally marijuana.

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<v Speaker 2>With The short answer is yes you can. You must

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<v Speaker 2>be an adult twenty one years or order. You can

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<v Speaker 2>legally possess two point five ounces of marijuana now that's

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<v Speaker 2>our law. And carry a firearm if you're legally allowed

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<v Speaker 2>to possess a firearm. Now you can't be smoking the marijuana,

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<v Speaker 2>but it's packaged in a baggy you and you have

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<v Speaker 2>a fine arm. Yes, you can carry both at the

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<v Speaker 2>same time. You can transport it in a car at

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<v Speaker 2>the same time that you've got to follow the proper

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<v Speaker 2>firearm you know how to transport a firearm in a vehicle.

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<v Speaker 2>But yes you can. You can be in possession of

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<v Speaker 2>both as long as you're two point five or under

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<v Speaker 2>bounces and and you can carry a firearm.

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<v Speaker 1>When I talked to lawmakers Bill Sitz and Huffman and others,

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<v Speaker 1>and the Speaker of the House, when I speak to them,

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<v Speaker 1>they both say there's needs to update the law because

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<v Speaker 1>as a prosecutor, you don't you don't create law or

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<v Speaker 1>make law. You follow the law. And there is some

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<v Speaker 1>dispute as to the level of marijuana you can have

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<v Speaker 1>when you're driving a motor vehicle. There was there was

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<v Speaker 1>a testimony I think I had on Stevens, you Speaker

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<v Speaker 1>of the House, about a week or ten days ago,

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<v Speaker 1>and he talked about using a swab inside your inside

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<v Speaker 1>your cheek to see the level of THC is as

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<v Speaker 1>a frontline prosecutor, is there a clear delineation when you

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<v Speaker 1>operate a motor vehicle as far as what is and

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<v Speaker 1>what is not the proper level of marijuana in your

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<v Speaker 1>system while you're driving a car.

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<v Speaker 2>There is a clear delineation. The law is written that

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<v Speaker 2>you cannot operate a motor vehicle under the ensigns of

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<v Speaker 2>the marijuana metabolite and the prohibited level in your blooder

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<v Speaker 2>urine for blood is five nanograms per marijuana metabolite per

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<v Speaker 2>milli liter of your blood, and for urine it's fifteen

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<v Speaker 2>nanograms per milli leader of your urine. So there is

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<v Speaker 2>they do hant this. There are levels that you cannot

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<v Speaker 2>have in your system while you're operating a motor vehicle.

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<v Speaker 1>That's a great answer. So let's say Tony Bender is

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<v Speaker 1>in Anderson Township driving around. He said, had a couple

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<v Speaker 1>of hits on the joint, and you're talking about blood

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<v Speaker 1>and urine unlike breath. And one may try at the

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<v Speaker 1>scene to have them do finger to nose and all

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<v Speaker 1>those tests, and then maybe an intoxalizer handheld Tony might

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<v Speaker 1>blow into it. But at the present time, as I

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<v Speaker 1>understand it, is there a test using breath the determined

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<v Speaker 1>level of intoxication.

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<v Speaker 2>There is not a test for breath. It's what's in

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<v Speaker 2>your blood, blood or urine at the time you're operating

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<v Speaker 2>the motor vehicle. So that's Those are the tests that

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<v Speaker 2>would be requested of you if you were pulled over

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<v Speaker 2>and suspected of operating a motor vehicle impaired and under

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<v Speaker 2>the influence of marijuana.

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<v Speaker 1>So Tony would have to take it, please please. So

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<v Speaker 1>Tony would have to go to the hospital with the cop.

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<v Speaker 1>How do you get urine or blood at the scene

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<v Speaker 1>of a stop? How do you do that?

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<v Speaker 2>Well, the urine they can take the blood, they would

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<v Speaker 2>have to have a nurse or if any MPT or

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<v Speaker 2>as you said, from the hospital. So there's limited ways

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<v Speaker 2>to get the sample, need it in order to test

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<v Speaker 2>it to see if you're impaired. But it's not as

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<v Speaker 2>easy as breath. You're correct.

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<v Speaker 1>Well, when I talked to lawmakers, you want to develop

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<v Speaker 1>some tests at the scene where you can swab inside

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<v Speaker 1>of the cheek. And I'm thinking, man, how would that work?

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<v Speaker 1>And when you advise police agencies in Hamlety County have

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<v Speaker 1>they have they called recently the last few days about

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<v Speaker 1>what to do in these circumstances of blood urine And

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<v Speaker 1>the person said, no, you know, I had a little

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<v Speaker 1>bit of marijuana. I smoked a little bit. But how

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<v Speaker 1>do you determine if they're under the influence if there

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<v Speaker 1>if you have take blood or urine, that's a little

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<v Speaker 1>bit messy at times, and there is no test for breath,

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<v Speaker 1>and so would it be helpful for frontline prosecutors to

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<v Speaker 1>have the lawmakers in Columbus clean that up? A little bit.

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<v Speaker 2>Well, that's you know, as you as you stated earlier,

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<v Speaker 2>as the prosecutor, I follow the law. I don't create

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<v Speaker 2>the law. Sometimes we weigh in and make suggestions we

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<v Speaker 2>can be in favor or pose. So basically, you know,

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<v Speaker 2>that's up to the state legislatures. And and and they're

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<v Speaker 2>on break I think for until October, so they've had

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<v Speaker 2>a year to sit there and figure this out. But

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<v Speaker 2>they also this is not anything new. I mean, this

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<v Speaker 2>is testing for marijuana, testing for other drugs. As you said,

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<v Speaker 2>I mean, very few officers are trained to be able

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<v Speaker 2>to detect and be they you know, and be able

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<v Speaker 2>to pay. They're specialized officers that actually figure out that

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<v Speaker 2>are trained to recognize the symptoms of drug abuse. And

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<v Speaker 2>they do that through different exercises involving pupils. It's been

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<v Speaker 2>a while since ide been in the courtroom where these

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<v Speaker 2>tests were being done, but they do have sun at

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<v Speaker 2>their disposal. I think they're going to have to do

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<v Speaker 2>more training. I think also what has to be changed is,

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<v Speaker 2>you know, all the canines that were trained to hit

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<v Speaker 2>on a car if they smelled ra all marijuana. I mean,

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<v Speaker 2>there's all kinds of things that don't need to change

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<v Speaker 2>with this now that.

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<v Speaker 1>This is legal and they haven't done it. And I

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<v Speaker 1>like to think when Republicans don't have Democrats to fight with,

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<v Speaker 1>they fight with other Republicans, and Democrats don't have democrats

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<v Speaker 1>to fight with Republicans, they with other Democrats. Like on

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<v Speaker 1>the county Commissioner, they're fighting all the time. So at

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<v Speaker 1>this point, it would be helpful if lawmakers actually got together,

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<v Speaker 1>did their job and not going break until October and

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<v Speaker 1>tell the eighty eight county prosecutors this is what to do,

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<v Speaker 1>this is what not to do. Now, you mentioned about

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<v Speaker 1>smoking marijuana in public. If Tony Bender wants to walk

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<v Speaker 1>around Washington Park on a Sunday afternoon lighting up his weed,

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<v Speaker 1>can he legally walk around the city of Cincinnati with

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<v Speaker 1>marijuana just smoking it?

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<v Speaker 2>Is that legal? No? No, it's not legal. You cannot

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<v Speaker 2>smoke pot on any federal, state, or locally owned land

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<v Speaker 2>in the state of Ohio, so parks, streets, all of

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<v Speaker 2>that is illegal now. But we've got a mayor in

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<v Speaker 2>the city of Cincinnati that doesn't enforce possession of marijuana

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<v Speaker 2>at one hundred grands. There's no enforcement of that law.

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<v Speaker 2>So I guess it's going to depend and hopefully our

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<v Speaker 2>mayor will step up and be able to, you know,

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<v Speaker 2>put this in line. Because Stanley's, for example, I mean

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<v Speaker 2>hot stinks. Yeah, who wants to be walking around and

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<v Speaker 2>smelling it? And say in the public area. Another place

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<v Speaker 2>that it doesn't apply would the restaurants and bars. You

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<v Speaker 2>cannot smoke there because of the no smoking laws that

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<v Speaker 2>were passed with regard to cigarettes. So you can't smoke

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<v Speaker 2>in no smoking areas, you can't smoke in public areas.

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<v Speaker 2>You can't smoke in there, but you can't smoke and

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<v Speaker 2>you cannot smoke in your car. So that's another that's

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<v Speaker 2>also ill legal.

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<v Speaker 1>So let me get this straight. You can't smoke in

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<v Speaker 1>a park, you can't smoke it on state property, you

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<v Speaker 1>can't smoke it on federal property, you can't smoke it

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<v Speaker 1>on city property. You can't smoke it in your car,

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<v Speaker 1>you can't smoke it inside restaurants and bars, and you

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<v Speaker 1>can't smoke it in any facility like I don't know, uh, Dillard's,

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<v Speaker 1>they have signed you can't smoke there. So where can

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<v Speaker 1>you smoke it? At home?

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<v Speaker 2>Right? That's it. It's pretty much at home, your own yard.

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<v Speaker 2>You know that is obvious. Now, somebody that has a

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<v Speaker 2>public let's say what. I'm kind of curious. I think

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<v Speaker 2>in the doorra areas, you know where you're allowed to drink.

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<v Speaker 2>You know that it's legal to drink out on the street.

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<v Speaker 2>I don't think they allow smoking. That's in the smoking

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<v Speaker 2>area too, So you can't smoke there. So you can

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<v Speaker 2>smoke in designated areas, that's permissible, And you can smoke

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<v Speaker 2>in your home, but you cannot smoke or in your

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<v Speaker 2>yard or on your property. But you cannot smoke in

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<v Speaker 2>a car or any public area or any area that's

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<v Speaker 2>been designated for no smoking.

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<v Speaker 1>So I'm going to bring this up to you. I'm

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<v Speaker 1>in Washington Park about a week ago Sunday with the

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<v Speaker 1>People's Judge, Penelope Are along with Sean Donovan, who lives downtown.

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<v Speaker 1>We take a walk from his home on Court Street,

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<v Speaker 1>walk up to OTR walk through Washington Park on a

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<v Speaker 1>Sunday Sunday evening about six thirty and the smell of

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<v Speaker 1>marijuana was everywhere, and there were numerous people sitting on

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<v Speaker 1>park benches smoking like crazy, and uh, just publicly. And

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<v Speaker 1>I'm looking around, I'm smelling it, and I'm looking and

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<v Speaker 1>there's cops walking around and guess what. Nobody's cited, nobody arrested, and.

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<v Speaker 2>That's our mayor. That's our mayor is responsible for that.

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<v Speaker 2>He does not. He has told distance at police department

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<v Speaker 2>that even though it's illegal to possess, you know, you're

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<v Speaker 2>at one hundred grams of marijuana. So the current law

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<v Speaker 2>of recreation is actually less than what is permitted on

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<v Speaker 2>the books, but you and you can't and it's it's

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<v Speaker 2>a minor, mistermeor to smoke in public areas. They're not

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<v Speaker 2>enforcing that law. They've been told not to enforce that law.

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<v Speaker 2>So hopefully, hopefully the public outcry would be is to

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<v Speaker 2>ask our mayor to enforce the law so that we,

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<v Speaker 2>you know, families and people that want to enjoy the

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<v Speaker 2>parks without having to smell that because it does stink.

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<v Speaker 2>You know, people don't like it, and it's illegal to

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<v Speaker 2>enforce the law.

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<v Speaker 1>So I went up to a cop in uniform and

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<v Speaker 1>I said, to this nice officer, I looked at his name,

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<v Speaker 1>but his name's not relevant. I said, let me ask

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<v Speaker 1>you a question, officer. I'm in Washington Park. It's illegal

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<v Speaker 1>to smoke marijuana here, and I see a few dozen

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<v Speaker 1>people smoking pot. I said, why aren't you citing. Somebody

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<v Speaker 1>looked at me and said, I don't want to deal

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<v Speaker 1>with it, and I said, what do you mean. He said, well,

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<v Speaker 1>we're told not to site and not to arrest anyone,

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<v Speaker 1>and I don't want to deal with it. I said, well,

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<v Speaker 1>I don't want to be argumentative, but you took an

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<v Speaker 1>oath to follow the law of the State of Ohio,

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<v Speaker 1>the City of Cincinnati, the US Constitution, and obviously you're

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<v Speaker 1>not doing it. And he said, I just don't want

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<v Speaker 1>to deal with it. I'm thinking, well, that's not good

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<v Speaker 1>when you have law enforcement that would do their job,

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<v Speaker 1>but they're told by Chief Thiji and the city manager

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<v Speaker 1>share along, and they're told by the mayor don't We're

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<v Speaker 1>not gonna We're going to enforce some laws but not

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<v Speaker 1>enforce other laws because of that's just what we're going

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<v Speaker 1>to do. If I'm in Warren County, I don't see

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<v Speaker 1>people walking around smoking pot because in Lebanon you'll be cited.

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<v Speaker 2>Now.

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<v Speaker 1>You know, maybe it's good or bad, but you don't

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<v Speaker 1>want uh. You don't want mayors or even prosecutors creating law.

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<v Speaker 1>You want them enforcing the law. And it's a breakdown

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<v Speaker 1>of law and order in a small way, but it's

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<v Speaker 1>a it's a serious one.

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<v Speaker 2>Now.

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<v Speaker 1>Now, lastly, we have a big election coming up, and

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<v Speaker 1>if you can take off your prosecutorial hat and put

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<v Speaker 1>on your candidate hat. I've said publicly that the most

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<v Speaker 1>important election outside of the presidency is for county prosecutor.

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<v Speaker 1>Practically every urban area has elected Liberal Democrats to be

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<v Speaker 1>the prosecutor. So we see the results in Chicago, Columbus, Ohio,

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<v Speaker 1>we see in New York City. Can you tell the

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<v Speaker 1>American people, Missy Powers, how important this election is, especially

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<v Speaker 1>suburbanites who want to see laws enforced and I want

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<v Speaker 1>to see criminals prosecutor. How important is this election coming

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<v Speaker 1>November fifth for you and for the people of Hamlet County.

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<v Speaker 2>Well, Bill, you couldn't be more right about how critical

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<v Speaker 2>this election is through the future of Hamilton County. And

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<v Speaker 2>what's on the ballot is public safety, and people need

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<v Speaker 2>to have to really be concerned. The public safety obviously

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<v Speaker 2>affects everybody. You should be feel safe walking down the street,

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<v Speaker 2>going to an FC game, going to the grocery store.

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<v Speaker 2>You should not be afraid that somebody is going to

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<v Speaker 2>hurt you or a family member, and if you are,

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<v Speaker 2>unfortunately the victim of a crime, or someone that you

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<v Speaker 2>love is a victim of a crime, you want justice

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<v Speaker 2>and you want accountability. And what we see across the

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<v Speaker 2>country is that there are prosecutors that are not enforcing

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<v Speaker 2>the law, that are lenient, that are not holding people accountable,

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<v Speaker 2>and the victims rights are being trampled on. This election

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<v Speaker 2>in our county, we're at a crossroads and it's going

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<v Speaker 2>to be what direction do we want the county to go?

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<v Speaker 2>And you cannot be thinking you just vote down ballot

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<v Speaker 2>or it's all about politics, because public safety has nothing

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<v Speaker 2>to do with politics at this point. You're going to want,

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<v Speaker 2>hopefully a prosecutor that has experience and that is law

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<v Speaker 2>in order. I've got over thirty two years of experienced,

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<v Speaker 2>thirty one of them in the courtroom where I was

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<v Speaker 2>a prosecutor. I worked in the office for eight years,

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<v Speaker 2>was a defense attorney, and in private practice for seven years,

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<v Speaker 2>was a judge for sixteen years. My opponent can't say

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<v Speaker 2>any of that. The last time she was in the

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<v Speaker 2>courtroom was in two thousand and five, and she did

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<v Speaker 2>public defense work, so she's never tried a murder case.

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<v Speaker 2>She's never prosecuted a case. And in fact, even last

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<v Speaker 2>year she didn't have a law license. She let that lapse.

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<v Speaker 2>So it's a very very important election. And you know,

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<v Speaker 2>where is she. She's not speaking out when these judges

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<v Speaker 2>are setting low bonds and letting violent criminals to go

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<v Speaker 2>right back into the neighborhood. She's not making any any

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<v Speaker 2>you know, saying making any stand on that. Where is

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<v Speaker 2>she where I'm speaking out against that. I'm trying to

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<v Speaker 2>make sure that we are making judges think about public safety,

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<v Speaker 2>that we are fighting for victims, that we are trying

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<v Speaker 2>to make sure there's accountability, and we are supporting law enforcement.

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<v Speaker 2>So that's the differences. You have a clear choice. If

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<v Speaker 2>you vote down the party line, you're going to pick

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<v Speaker 2>the wrong person. I guarantee you that is not what

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<v Speaker 2>you're going to want. Because most people when they hear

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<v Speaker 2>that somebody wasn't held accountable, somebody was released on I know,

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<v Speaker 2>our bond that was on a violent offense, they like,

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<v Speaker 2>how does this happen? Well, they've been voting down the

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<v Speaker 2>party line. They're not looking at the people. They're not

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<v Speaker 2>looking at who's law in order. Because I think the

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<v Speaker 2>majority of people want to feel safe, and what majority

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<v Speaker 2>of people want accountability and a majority of people we

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<v Speaker 2>know we want law in order. We know what happens

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<v Speaker 2>if it doesn't. Just look into all these cities in

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<v Speaker 2>the neighborhoods that need it the most are the neighborhoods

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<v Speaker 2>that are getting hurt the worst because these violent criminals

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<v Speaker 2>going right back in the same neighborhood and they're hurting

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<v Speaker 2>more people. And we want to put a stop to that.

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<v Speaker 1>Car break ins, murders, robberies, thieveries, way up and in

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<v Speaker 1>the suburbs, they're often the victims of crime. Melissa Powers,

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<v Speaker 1>good luck. We'll see what happens. You gave us a

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<v Speaker 1>lot of good information about marijuana laws and things of

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<v Speaker 1>that character. And the American people should know that your

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<v Speaker 1>opponent did not have a law license last year. I

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<v Speaker 1>mean last year she couldn't spell prosecutor. Now she is one,

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<v Speaker 1>hopefully not. And Melissa Powers, once again, thank you for

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<v Speaker 1>coming on the Bill Cunningham Show. May God bless you

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<v Speaker 1>and God bless America. Melissa, thank you very much.

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<v Speaker 2>Thank you, Bell God bless you too.

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<v Speaker 1>Let's continue with more if a line becomes available. Five one, three, seven, four, nine, seven, thousand.

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<v Speaker 1>Red Baseball kicks off about five ten. Imagine running a

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<v Speaker 1>big city prosecutor office with about one hundred and fifty employees,

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<v Speaker 1>and last year you couldn't prosecute because you didn't have

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<v Speaker 1>a law license. Not good, Let's continue. Bill Cunningham, News

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<v Speaker 1>Radio seven hundred WLW