Paraphernalia Charge and Ohio's New Paraphernalia Law

[rstone09]

My question involves criminal law for the state of: Ohio.

My friend was caught with drug paraphernalia earlier tonight (9-03-2012) and cited as such. She was given a Class 4 Misdemeanor. However, a new law in our state(Ohio) was passed that reduced the charge for drug paraphernalia to simply a minor misdemeanor. The law goes into effect on 9-28, and her court appearance date is on 9-11. My question is essentially this-if she were to be convicted AFTER the law goes into effect, would the Class 4 misdemeanor stand or would it morph into a minor misdemeanor?

[Disagreeable]

She could request a reduction, however legally it stands as it is.

[Vincentlyjd]

It is called retroactive amelioration. When a legislature engages in legislative retroactive amelioration, it attaches an ameliorative amendment exception to the general saving statutes to give retroactive effect to ameliorative sentencing changes. You have to see whether the ameliorative amendment applies retroactively to pending prosecutions or to finalized convictions. Thus, it is vary among jurisdictions. A minority of jurisdictions apply it through judicially as well.