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  1. #1
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    Aug 2015
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    Default Is a Driver Automatically Criminally Responsible for Drugs or Paraphernalia in a Car

    Thanks for the replies, everyone. I obviously shouldn't count on legalization for my defense. It's my understanding that in Ohio the driver is responsible for all contraband in the car unless another party claims responsibility, so "it's not mine" won't fly, either. How about the paraphernalia itself - is it lab tested for marijuana, or is the testimony of the officer sufficient?
    Obviously the search was legally problematic to say the least, and my first priority will be demonstrating that.

  2. #2
    Join Date
    Jul 2014
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    441

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

    What do you see that was "legally problematic" about the search?

  3. #3
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    Aug 2015
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    Default Re: What Happens to Pending Drug Trials Once a State Legalizes Marijuana

    Officer first claimed that I was hiding contraband while he followed me, however the pipe and grinder were out of passengers reach when found. Only the pouch of tobacco was within reach, and that was in the glovebox. Officer then claimed to smell marijuana after I did not consent to a search. To me, the car just smelled like stale cigarettes, and not overly strong at that. However, I realize that the officer might have developed the ability in his line of work to smell paraphernalia that hadn't been used in at least 2 weeks (the period of time that my brother had been away) in the trunk of the car. I didn't see the inside of the grinder, or what was inside of it, but again it wasn't like we had just smoked.
    I've sent a letter of discovery already, so I don't know how much of my mother in law's actions figure into this. They questioned her for at least 10 minutes, and immediately afterwards she claimed to not understand anything that the officer asked (she doesn't speak English, and officer 2 was frustrated that adding an -o to the end of English words was not understandable to a Spanish speaker). So obviously any evidence from her statements will invalid.
    Are there any suggestions for other things I should add to that?

  4. #4
    Join Date
    Aug 2015
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    10

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

    I C, how many MM places have you worked in? It was said facetiously Ah! Being that I have worked in some; grown in N Cali, sold to the dispensaries, talked to the "DR's" that hand out the cards, I think I know a thing or two. Cancer is not on the list, nor back pain. Whatever the DR.'s don't care.
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    Quote Quoting Taxing Matters
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    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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    I have no idea what marijuana would do for dementia, help you remember less?

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    What a useless law to begin with. How many under 21 yr old's suffer from PTSD, Alzh, Dem, Aids...There should be a law made to make Ohio part of Canada. Dumb a@#$

  5. #5
    Join Date
    Jul 2014
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    441

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

    I don't see anything here that makes me believe the evidence will be suppressed.

  6. #6
    Join Date
    Aug 2015
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    8

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

    There is plenty there for any decent lawyer to argue for suppression of the evidence. I've seen as much in my time as a social worker. I just want to be armed with as much information as possible for when I discuss this with my lawyer. Can you elaborate on why you believe this evidence won't be suppressed?

  7. #7
    Join Date
    Jul 2006
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    1,421

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

    In what county are you located?

  8. #8
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    Mar 2013
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    16,870

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

    Quote Quoting WilloWisp
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    There is plenty there for any decent lawyer to argue for suppression of the evidence.
    Then go ahead and hire one and stop admitting to your crimes on websites that are routinely monitored by law enforcement.

  9. #9
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    Sep 2005
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    98,846

    Default Re: Is a Driver Automatically Criminally Responsible for Drugs or Paraphernalia in a

    Quote Quoting WilloWisp
    View Post
    It's my understanding that in Ohio the driver is responsible for all contraband in the car unless another party claims responsibility, so "it's not mine" won't fly, either.
    That's not accurate, although it would be fair to say that a driver will have difficulty arguing cluelessness about drugs or paraphernalia found in the car he controls.
    Quote Quoting WilloWisp
    How about the paraphernalia itself - is it lab tested for marijuana, or is the testimony of the officer sufficient?
    If it's drug paraphernalia, it's drug paraphernalia.

    If there is ambiguity about whether it's drug paraphernalia or, for example, tobacco paraphernalia, testing might be performed -- and trace amounts of illegal drugs could result in additional charges of possession of the drugs.

  10. #10
    Join Date
    Aug 2015
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    8

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

    I'm in the county next to the one where all this is completely legal. Otherwise, there is no admission of guilt anywhere in my posts, and I'm quite capable of protecting my ip. I'm just curious to see how many resources the criminal justice system will dump into a couple of minor misdemeanor charges.

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