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Jail Time and Suspended License for First Offense, for Half a Joint in Ohio

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  • 06-15-2010, 09:53 AM
    dman5000
    Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    My question involves criminal law for the state of: OHIO

    I went to court today in Ashland,OH. I was ticketed for Marijuana posession, by a park ranger while canoeing on the Mohican River. The ranger found half a joint in the canoe, and nothing else. He stated it would be no big deal, just like a traffic ticket.

    Unfortunatly the judge stated, this offense is punishable by up to a $250 fine and a Mandatory 1 year suspension of my driver's license. I asked for a continuance to get a laywer.

    The guy before me was charged with almost the exact same offense,(posession less than 100 grams) except he was not on the river, he was in downtown Ashland. The judge found him guilty, gave him 3 days in jail, a $250 fine, and a 1 year suspension on his license. Just like me this was his first and only offense. The judge said since I was given a ticket on the river he could not give me jail time, but that it was manadatory 1 year suspesion on my DL.

    Is this all correct, as everything I have read so far states this charge is just a fine. Can Ashland county really do this for such a minor offense?

    Again the charge was for possesion of marijuana less than 100 grams.
  • 06-15-2010, 01:49 PM
    LawResearcherMissy
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Were you charged under a Municipal ordinance, perhaps?

    In the state of Ohio, first offense possession of under 100 grams of marijuana is a minor misdemeanor, punishable by $100 fine, no jail, no criminal record, no drivers license suspension.

    You should speak with an attorney.
  • 06-15-2010, 02:39 PM
    dman5000
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Quote:

    Quoting LawResearcherMissy
    View Post
    Were you charged under a Municipal ordinance, perhaps?

    In the state of Ohio, first offense possession of under 100 grams of marijuana is a minor misdemeanor, punishable by $100 fine, no jail, no criminal record, no drivers license suspension.

    You should speak with an attorney.

    YEA, THATS WHAT I READ TOO, ITS IN aSHLAND COUNTY, I DIDN'T REALIZE EACH COUNTY HAD ITS OWN PUNISHABLE SENTENCES. JUST SEEMS HARSH TO TAKE MY LICENSE FOR A FULL YEAR FOR LESS THAN A GRAM OF MARIJUANA. THANKS
  • 06-16-2010, 09:51 AM
    BOR
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Quote:

    Quoting dman5000
    View Post
    YEA, THATS WHAT I READ TOO, ITS IN aSHLAND COUNTY, I DIDN'T REALIZE EACH COUNTY HAD ITS OWN PUNISHABLE SENTENCES. JUST SEEMS HARSH TO TAKE MY LICENSE FOR A FULL YEAR FOR LESS THAN A GRAM OF MARIJUANA. THANKS

    There is only one Home Rule County in Ohio with an Executive-Council govt, Summit. Cuyahoga County, due to the corruption there, is heading this way and doing away with the 3 County Commissioner system.

    You were charged under the Ordinances of the City of Ashland, and it is a Misdemeanor of the 4th degree.



    513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.
    (a) No person shall knowingly obtain, possess or use a controlled substance.


    (c) Whoever violates subsection (a) hereof is guilty of one of the following:

    (2) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates subsection (a) hereof is guilty of possession of marihuana. Possession of marihuana is a misdemeanor of the fourth degree if the amount of the drug involved does not exceed 200 grams.


    (d) In addition to any other sanction that is imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.



    Suspending a DL is subject to state law, as the state issues it. They have the authority to suspend the DL as the crime is an M-4, NOT a Minor Misdemeanor.

    If state law did not permit it, then the city can not for a comparable offense, however, as pointed out, the offense is an M-4. This IS permitted under Ohio Home rule authority.

    Even if it was well under 100 grams and an MM under state law, a city can make it any level of misdemeanor they wish.
  • 06-17-2010, 01:14 AM
    tc498
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Man that judge is ridiculous sentencing a 1st time offender to jail for a small amount of weed,I read in a few places that in ohio a drug conviction can effect your license and even getting a firearm even though most of the time the penalty is minor. Hopefully a lawyer can work out something with your license. In new york certain minor offenses are consider non criminal violations but people can be put in to jail for up to 15 days. They rarely are but exceptions can happen.

    It goes to show you how important a lawyer is even for minor crimes,you just never how a judge or a da is. Run in to a strict one and you can be very surprised with the result and effects a conviction has on you . Good luck.
  • 06-17-2010, 01:01 PM
    dman5000
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Well I met with a lawyer, gonna cost me half my savings, but I have no choice. I plead next tuesday, so I wont know the outcome for awhile. I will repost once i get my sentence........as if anyone cares.
  • 07-07-2010, 08:57 PM
    dman5000
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Update: Laywer got the DL suspension lowered to 6 months, and had to pay a $250 fine.

    Total Cost:
    $750 - Lawyer Fee
    $250 - Fine
    $350 - DL Reinstatment Fee (6 months from now)
    No License for 6 months

    $1350 - Out the door :)

    All for half a joint, stay out of Ashland , OH !!
  • 07-07-2010, 09:03 PM
    cyjeff
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    Or, just don't bring illegal drugs there.
  • 07-08-2010, 04:53 AM
    tc498
    Re: Jail Time and Suspended License for First Offense, for Half a Joint in Ohio
    The 750 is gonna feel worth in 6 months when your able to drive. It still a high amt to pay,them the brakes.
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