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Possession and Paraphernalia

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  • 05-04-2009, 04:52 PM
    mattinohio
    Possession and Paraphernalia
    My question involves criminal law for the state of: Ohio

    Just this past Saturday I and a few of my friends went to a park to meet 2 other friends of mine to hang out. Once we walked down the hill I realized that there were a lot of other people there also that happened to meet them by coincide and hung out with them. They had a fire going and their were anywhere from 15-20 of us there, half were drinking but I was not. From what I gathered later 3 or 4 of them were over the age of 21.

    After about 15 minutes of being there police officers showed up and asked us all to hand them ID's, we were trust passing but I was not aware of this and neither was anyone else. After collecting everything they asked if anyone had marijuana on them and that honesty would be the best option so I and 2 others complied. I only had a couple grams or less and the other 2 between them had 2 sacks and a pipe. He confiscated the drugs and pipe and asked us 3 to head to the top of the pack as we walked back up the hill. By the time we reached the parking lot the 3 of us who had marijuana were handcuffed and sat and waited as everyone else either had there parents pick them up (some people were under the age of 18, I am 18) and others had other rides pick them up.

    I was than questioned by a sheriff only taking my name, address, number, and place of employment. I didn't sign anything and didn't receive a ticket. I than was uncuffed and had my brother picked up which at that time the officer informed me that i was going to be charged with possession and paraphernalia for the bag (earlier he had also claimed that I had papers which I didn't) it came in and that they would send me a summons through the mail.

    After all of this I still have a few unanswered questions. First can they charge me for paraphernalia for the bag it was in, what else do you carry it in? Second the cops seemed extremely friendly and reasonable, the people over the age of 21 didn't receive any kind of citation for supplying alcohol and no one was breathalyzed or given any kind of test for anything, only the three of us who had marijuana were to stay behind. So do you think that the officers just let it slide even on the others and even me, will I even be mailed a summons? All three of the items they collected were just taken by one of the sheriffs and placed in his back pocket none of which were linked to any of us specifically at the end of the night to know exactly who had which.

    So to paraphrase my questions; will I be mailed a summons, can I be charged with paraphernalia for the bag it was stored in, and what kind of trouble am I looking at if I do go to court?

    Thanks in advance
  • 05-06-2009, 07:28 AM
    Mr. Knowitall
    Re: Possession and Paraphernalia
    Paraphernalia is defined here, ORC 2925.14. I don't see that your bag is going to implicate that statute. It looks like possession of marijuana < 100 grams would be a minor misdemeanor punishable by a fine of up to $100 (Ohio Code § 2925.11(C)(3)), with driver's license sanctions (6 months to 5 years suspension) for any drug conviction under Ohio Code § 2925.11(E).
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