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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Possession of Marijuana, when I Only Had a Bowl with Nothing in It

    My question involves criminal law for the state of: Ohio

    The other night a buddy and myself happened to be in the wrong place at the wrong time. We were walking down a bike path after finishing a bowl, and we got stopped by two cops. My friend and i had to deal with the cops away from each other, so i have no clue what happened to him. The cop i got told me to empty my pockets. I had the bowl on me, and my friend had approximately 1.5 grams on him. After going through a bunch of really vague and awkwardly worded questions, and being told i was "too doped up to understand simple questions" he asked if i had any pot on me and i said no and lifted up my arms expecting to get frisked. Then he yelled at me and said i was being too cooperative and that if he finds any pot on me he will charge me for criminal possession. After checking my pockets and finding matches and a lighter he continued to write a citation for "possessed marijuana less than 100 grams," contrarty to and in violation of Section 2529.11 of the Ohio Revised Code.

    I looked at the Ohio Revised Code and there is no section 2529.11. Im pretty sure he put the 5 and 9 in the wrong positions.

    That aside (which im pretty sure isnt a **** up enough to get me out of this) if he magically found pot on me when i didnt have it, i guess the charge is acceptable. Im wondering, is having a bowl considered posession? I would have thought it would be paraphenalia. I didnt know he was writing the ticket for possession. He didnt give me the ticket until we got back to my house and had me sign it. I looked at it and saw it said possession, but i was too freaked out and scared to ask about it, i really think he would have beat the shit out of me if i did, he was really a dick. My friend got lucky and got the nice cop with him....im rather jealous

    ALSO when the guy took me to my house, he threatened to take me to jail if i didnt wake up my parents (im 20 years old by the way, so im 99% certain i didnt have to wake them, but i wasnt going to chance getting put in jail over something so trivial as being in possession of a bowl).

    So basically, my question is: Is being in possession of a bowl considered possession of marijuana or what?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,885

    Default Re: Possession of Marijuana, when I Only Had a Bowl with Nothing in It

    As ill-behaved as the cop was - as an adult, you had no obligation to wake your parents, so he was just being rude and power trippy - he actually did you a favor, apparently citing you for the residue in the bowl. (Yes, residue in the bowl counts as possession.)

    Here in Ohio, possession of small amounts of pot has been largely decriminalized. Possession of less than 100 grams is treated essentially like a traffic ticket - it's a minor misdemeanor, meaning no criminal record, with a fine of $100 and no jail time.

    Possession of paraphernalia, OTOH, is punishable by a max fine of $750, up to 30 days in the can, and suspension of your drivers license for 6 months to 5 years.

    Pay your $100 and stop sparking up in public. You dodged a bullet this time. The next time, you might not be so lucky.
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  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Possession of Marijuana, when I Only Had a Bowl with Nothing in It

    Yes, he switched the #'s as Title 29 is the criminal code.

    You could have been arrested and booked, as the latter here is an M-4.

    Less than 100 grams, a Minor misdemeanor, punishable by up to $150.00 + costs, NO jail time.


    http://codes.ohio.gov/orc/2925.11


    This appears to be your charge for paraphernalia:

    (F)(1) Whoever violates division (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.


    http://codes.ohio.gov/orc/2925.14


    M-4, punishable by a possible 30 days and $250.00 fine + costs.

    That city obviously has no stricter drug laws, as even under 100 grams, they can make it up to an M-1.

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