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  1. #1
    Join Date
    Aug 2015
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    Default Will Drug Charges be Dropped if Your State Legalized Marijuana

    My question involves criminal law for the state of: Ohio

    SHORT VERSION:
    I was stopped by a police officer for not displaying a front license plate. Officer asked why I was reaching between the seats while he was following me and asked to search the car. I declined. Officer called another car, claimed to smell marijuana and searched the car. They found a small marijuana pipe , a small metal herb grinder, and a pouch of tobacco with rolling papers. I was ticketed for no front plate, paraphernalia, and possession of less than 100g. If marijuana is legalized in Ohio before my trial can I ask the judge to dismiss the possession/paraphernalia charges, and if so how?

    LONG VERSION:
    I was driving my mother in law to the doctor one morning when a city police officer started following me on the freeway. After about a mile they turned on the lights and I pulled over. I am driving my brother's car and thankfully he has all of the registration and insurance forms in the glovebox. Officer informs me that he pulled me over for not displaying a front plate. I inform him that I am driving my brother's car, and hand over my license, insurance, and registration.

    My mother in law, who speaks very little English, is visiting from Mexico for a medical procedure. About 10 years ago she was severely beaten by police officers in Mexico and still gets very upset around officers. She is in the passenger seat asking me, in Spanish, what is happening. Officer asks for her ID. While she looks for her passport he asks why I kept reaching between the seats while he was behind me. I pointed out that I drive a stick shift car. He then asks if he can search the car. I decline, hand over my mother in law's passport, and he returns to his car.

    About 5 minutes later another officer pulls up. The first officer returns to my car and claims that he can smell marijuana in the car and asks me if I have been smoking. I inform the officer that I don't smoke marijuana. Second officer approaches the car and first officer asks me to step out. I am patted down and then placed in the back of a police car. Officer 2 escorts my mother in law out of the car, and she is visibly upset. He begins to question her, but she clearly doesn't understand his questions.

    Officer 1 proceeds to search the car. After about 10 minutes he finds a small metal marijuana pipe, the size and color of a cigarette, between the cushions of the back seat of the car. In the spare tire compartment he finds a small metal marijuana grinder (about the circumference of a Kennedy half dollar and maybe an inch tall.

    Officer 2 begins questioning my mother in law about these specific items. She doesn't understand what they are. Officer 1 returns with a small pouch of tobacco and rolling papers that was in the passenger side door pocket. He asks me where the rest of the drugs are, and offers to release me then and there if I assist with his investigation. I refuse, he reads my Miranda rights, processes the evidence, and issues me citations for no front plate, paraphernalia, and possession of less than 100g of marijuana, and released.

    I plan to plead not guilty to all of the drug charges. The plates, well, not much grey area there, right? But is it worth waiting to see if marijuana is legalized in Ohio in the coming election? I imagine that I could delay a trial until after the election. Obviously not my defense strategy, but I imagine that courts have seen a fair amount of this situation with legalization laws happening in various states. How would I get the case dismissed in that event? Are there any other defenses that I might build in this case? I'm 38 and have a spotless record.

    Thanks, and I'll try to keep posted as the struggle happens.

  2. #2

    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    If it was unlawful on that day, it doesn't matter what happens tomorrow. The law is applied as it is at the moment of the offense, not on what it may or may not change to in the future.

    Your only real potential defense here is challenging the search.

  3. #3
    Join Date
    Jul 2014
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    441

    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    What aardvarc said.

    The only "retroactive" option that you MIGHT have is getting some sort of executive action, like a pardon from the governor, after the fact if MJ is legalized before you even went on trial/concluded your case. As mentioned, legally what matters is what the law was when you broke it, however I can think of other examples where people were pardoned in these types of circumstances.

    That is, obviously, a long shot.

  4. #4
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    Aug 2015
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    Besides it probably won't be legalized only allowed for medical marijuana. Like they said it would not effect anything in the past either.

  5. #5
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    Oct 2014
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    Quote Quoting seven707
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    Besides it probably won't be legalized only allowed for medical marijuana. Like they said it would not effect anything in the past either.
    The Ohio initiative would legalize, regulate, and tax both medical and recreational use of marijuana. You can read the entire text of the intiative here: Legalize Marijuana and Hemp in Ohio initiative. It only legalizes it, however, from the date the voters approve the measure (if they do) and does not affect any prosecution for possession of marijuana that occurs prior to the approval of the measure by the voters. Thus, delay of the case simply to see if the voters will pass the initiative won’t result in the court dismissing the charges. Perhaps the prosecutor would be willing to move to dismiss and give up prosecuting it if the intiative passes, but the prosecutor doesn’t have to do that and my guess is that most prosecutors won’t do that.

  6. #6
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    I read the summary. It says for medical marijuana for debilitating...

    - - - Updated - - -

    Why would anyone need a MM certification if you only have to be 21 to buy it. The wording is somewhat confusing to me, maybe it means that only 21 and older and having a MM certification are able to possess.

  7. #7
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    Quote Quoting seven707
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    Why would anyone need a MM certification if you only have to be 21 to buy it. The wording is somewhat confusing to me, maybe it means that only 21 and older and having a MM certification are able to possess.
    One would need MM certification if (1) he or she is under age 21 or (2) has a medical need for marijuana that is greater than what the nonmedical use rules would allow.

  8. #8
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    Then you've misread.

  9. #9
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    I guess I misread and didn't think about all the teenagers (like me) who just want to get high. I think its quite possible to get a MM card for a stubbed toe. I am quite torn between the legalization and not. I think its horrible to put people behind bars for what they choose to do to their own bodies, on the other hand looking at cultures like The Netherlands and how pathetically lazy they are. Who is to say whats better. Anybody been to Rotterdam, still remnants of WWII laying around. Wonder why?

  10. #10
    Join Date
    Oct 2014
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    Quote Quoting seven707
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    I guess I misread and didn't think about all the teenagers (like me) who just want to get high. I think its quite possible to get a MM card for a stubbed toe.
    No, not for a stubbed toe. The proposed law lists specific conditions for which the medical use would be allowed: HIV/AIDs, hepatitis C, ALS, Crohn’s disease, sickle cell anemia, ulcerative colitis, dementia, Alzheimer’s disease, cachexia, PTSD, epilepsy, and multiple sclerosis. These are all conditions that not cureable and cause severe pain or other problems that marijuana has been shown to help treat, in some cases better than any other prescription drug. The law also provides that the state marijuana control commission that the law would create may specify additional qualifying medical conditions. Those conditions must be “debilitating” and must be based on current, peer reviewed research. As you can see, a stubbed toe is not on the list of conditions that the law would allow from the outset, and it is extremely unlikely that the Commission will add that to the list as it is not a debilitating condition.

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