First Time Minor Misdemeanor Possession of Marijuana in Ohio

My question involves criminal law for the state of: Ohio

OK so this has been a hell of a week. I moved from MA to CA, during my trip I stayed the night at a motel in OH. I smoked in my room, someone smelled it outside of my room and called the cops. The cops showed up, I was extremely nice and admitted what I had done and allowed them to search my room.

I had about 3 grams of weed which they confiscated and cited me for a minor misdemeanor possession of marijuana less than 100 grams.

I was told by the officer that since my record is 100% clean, that the citation would be treated like a traffic ticket, no criminal record would be created, and I would have to pay a fine in the ballpark of $150.

So I called the court to find out my exact fine and to pay online, and they told me my citation also includes a 6 month license suspension. This makes no sense!

A license suspension technically creates a criminal record, as my suspension will have to be reported to the DMV which will have to have a listed reason for the suspension, in which case my drug possession minor misdemeanor will be shown.

If a minor misdemeanor creates no criminal record for a first time offense, then how can they suspend my license? Especially the fact I was no where near my vehicle.

Also please note this, in section D of 2925.11 in Ohio it states this:
(D) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.

So once again, is my license going to be suspended when I pay the fine online, or do the court people just not know completely whats going on here?

I live in CA now, so making my court appearance that is scheduled for tomorrow is wayyyyyy out of the question.

I did put in for a request for continuance so I can receive some more advice on what to do. I even contacted the officer who issued the citation, and she nicely replied that my license should not be suspended and that in her 12 years of working as an officer in OH she has never seen someone have their license suspended for a first time minor misdemeanor for possession of marijuana under 100 grams.

Thank you for any and all help!

I live in OH also, be glad you were not in a city that classified it as an arrestable offense.

That aside, the "License" that is listed in D you posted is NOT a driver's license, but a "Professional" license, Real Estate, Nursing, etc.

If you look further in the law you quote, near the end, you read this:

(2) The court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

ANY drug conviction is a mandatory suspension as I read the law.

This does not mean OH will suspend your license, now what, a MA one? Only MA can do that. Since you do not possess an OH DL, it means your driving rights in OH are suspended whether or not the home state suspends your or not.

Now, concerning the home state issue, if you now live in CA and go to apply, will they deny you a DL? Both OH and CA are members of the Driver's license Compact.

If there is a suspension in OH, CA will no doubt be alerted to it when you apply. They just had a statewide ballot decriminalizing small amounts of MJ, this I know. Unless they had a similar law on a DL suspension to Ohio's, the MM charge here would probably not prevent a CA DL being issued.

The DL compact is probably concerned with suspensions for traffic related offenses??

Research CA law and see what you can find.

Quote:

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Quoting BOR

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If there is a suspension in OH, CA will no doubt be alerted to it when you apply. They just had a statewide ballot decriminalizing small amounts of MJ, this I know. Unless they had a similar law on a DL suspension to Ohio's, the MM charge here would probably not prevent a CA DL being issued.

The DL compact is probably concerned with suspensions for traffic related offenses??

Research CA law and see what you can find.

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I'll have to do my research as you suggest, but what you are saying is unless CA has a similar law to OH on suspending a drivers license for a minor misdemeanor possession of marijuana, that I should be able to apply and receive a CA license no problem?

I do not know the answer for sure. OH has not suspended it yet, so apply right away in CA.

If you get one and info is forwarded afterwards, how CA will act is unknown by the DL compact.

Attempt to research yourself or consult a CA attorney for a small fee for an opinion.

I just find it strange that the officer who issued me the citation is insisting that my license is not suppose to be suspended, and even said she knows that as a fact due to other people she has cited.

Also from where you have cited (E)(2) of http://codes.ohio.gov/orc/2925.11 if you look at (3) "If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code" that is in violation of section (D). So if I had say a professional license of sorts, it would be suspended for the minor misdemeanor, yet in section (D) it clearly states that it would not.

Considering that, none of section (E) applies to my citation as it was only a minor misdemeanor.

Am I missing something?