K2 Use Involving a Minor in the State of Ohio

[mommaofthree96]

My question involves criminal law for the state of: Ohio
My 17 yr old son was just charged today (July 2, 2011) with consumption of an illegal substance (K2/Spice) for his use and subsequent transfer to the ER for his actions on Monday, June 27, 2011. We were notified that night of the incident and ER transport by an officer in the jurisdiction where the incident took place.
What my concerns are is that the House and Senate bills to make possession and use of this substance illegal did not pass until June 29, 2011 to be sent to Gov. Kasich for his signature.
In addition, when he was charged today at the police station, his father nor I were present, nor were requested to be present by the police. He was released to the custody of his 18 yr old brother.
Can he be legally charged for this? In my mind, I would think that if he was to be charged with anything, it would be for using a product against it's labeling (apparently the product carries a label that states "not for human consumption").

[jk]

do you have a bill or statute number concerning the issue?

You need to see not only when it was signed by the gov but when it was determined it would be effective.

maybe they just haven't updated the records yet but nothing I can find shows the gov signed it/

http://www.lsc.state.oh.us/status129/housebills.htm

do you have the exact charge?

as to the charging without a parent present; you don't have to be there.

[mommaofthree96]

It's Ohio HB 64. Appears as though it was passed by the House in March, just passed the State Senate midweek, and I do not see that the governor has signed it into law yet either.
We have not received the subpoena from the sheriff yet as it has to be transferred to our county first, but the officer told him he would be charged with consumption of an illegal substance.

http://massdiscussion.blogspot.com/2...assage-of.html

[jk]

I believe you are going to have to wait to hear what the exact charge is. Please stop back and update this as you discover information. I am quite curious as to what and how he was charged for using what, at the time, was not considered an illegal substance.

Hopefully your son has a lawyer already. If not, he needs one. He should not speak with anybody about his case. Not you, not friends, not anybody other than his lawyer. Anybody except his lawyer could be called as a witness against him so anything he says is subject to getting into court.

[mommaofthree96]

Thanks...I will get back to you as soon as we receive the supoena. I also just read your advice regarding his need to keep his information to himself, and he has agreed to wait until he discusses the case with counsel.