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  1. #1
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    Default Drug Paraphernalia At OSU

    I was caught in my dorm room at the Ohio State University smoking marijuana. I cooperated and gave the Hall Director all of my marijuana and 4 pipes. The hall director then called his supervisor who then told him to call in one of the Campus police officers.
    He cited me after taking me to the station and said that I would not go to jail and only have a fine (not in the thousands of dollars he said) TBD on my upcoming court date. Since this is in Ohio where marijuana is decriminalized and I was cited by a Campus Police Officer, I was wondering how much I should expect to pay and if the officer was entirely right in what he said about no jail time?

  2. #2
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    Default Re: Drug Paraphernali At OSU

    Quote Quoting coolhand
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    I was caught in my dorm room at the Ohio State University smoking marijuana. I cooperated and gave the Hall Director all of my marijuana and 4 pipes. The hall director then called his supervisor who then told him to call in one of the Campus police officers.
    He cited me after taking me to the station and said that I would not go to jail and only have a fine (not in the thousands of dollars he said) TBD on my upcoming court date. Since this is in Ohio where marijuana is decriminalized and I was cited by a Campus Police Officer, I was wondering how much I should expect to pay and if the officer was entirely right in what he said about no jail time?

    Who told you it was decriminalized???

    Some extensive research has turned up the following:

    In part:

    (a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), or (f) of this section, possession of marihuana is a minor misdemeanor.

    (b) If the amount of the drug involved equals or exceeds one hundred grams but is less than two hundred grams, possession of marihuana is a misdemeanor of the fourth degree.

    (c) If the amount of the drug involved equals or exceeds two hundred grams but is less than one thousand grams, possession of marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.



    http://codes.ohio.gov/orc/2925.11


    Then there is the drug paraphernalia charge? Did you get cited for that also??

    Also, the Ohio Supreme court ruled in: Niles v. Howard (1984), 12 Ohio St.3d 162: A municipality can make any level of crime a misdemeanor as long as it does NOT "undercut" state law.

    In that case the OSC ruled the city of Niles did NOT violate the Home Rule provision of the Ohio Constitution by making possession of MJ (small amount) a misdemeanor of the 1st degree where state law codified it as a MINOR misdemeanor.

    I searched through Columbus' Municipal ordiances, but could not find any drug provisions, so it seems it was a state law violation. Campus police may not be able to cite under home rule laws anyway???

    IF the offense (s) charged were MINOR misdemeanors, then there is NO jail time, only a fine of up to $150.00. You need to locate the section/chapter # on the citation/summons and look it up as to what degree of crime it is??


    (1) For a misdemeanor of the first degree, not more than one hundred eighty days;

    (2) For a misdemeanor of the second degree, not more than ninety days;

    (3) For a misdemeanor of the third degree, not more than sixty days;

    (4) For a misdemeanor of the fourth degree, not more than thirty days.



    http://codes.ohio.gov/orc/2929.24

    Conviction even of a 1-2-3-4 does not necessarily mean a mandatory jail sentence unless the law provides for such.

  3. #3
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    Default Re: Drug Paraphernali At OSU

    http://studentaffairs.osu.edu/safety_crime_alcohol.asp

    Although you face criminal charges regarding this, you are also fair game for the school to put sanctions/restrictions on you up to and including dismissal and IMO, this is the what you need to be most concerned with. The link I provided outlines the policies. I highly suggest that you consult a local attorney that has dealt with this sort of thing (ON campus violation) as you are also open to loosing federal/state funding (financial aide). You are also required to report a conviction to the university within 5 days of a conviction.

  4. #4
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    Default Re: Drug Paraphernali At OSU

    Quote Quoting gigirle
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    http://studentaffairs.osu.edu/safety_crime_alcohol.asp

    Although you face criminal charges regarding this, you are also fair game for the school to put sanctions/restrictions on you up to and including dismissal and IMO, this is the what you need to be most concerned with. The link I provided outlines the policies. I highly suggest that you consult a local attorney that has dealt with this sort of thing (ON campus violation) as you are also open to loosing federal/state funding (financial aide). You are also required to report a conviction to the university within 5 days of a conviction.

    I did not think of that part. I suppose some internal scantions may be more punitive than criminal ones??

    Good points!!

  5. #5
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    Default Re: Drug Paraphernalia At OSU

    The first citation is an M-M and the second was a an M-4 if that helps.

  6. #6
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    Default Re: Drug Paraphernali At OSU

    Quote Quoting gigirle
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    http://studentaffairs.osu.edu/safety_crime_alcohol.asp

    Although you face criminal charges regarding this, you are also fair game for the school to put sanctions/restrictions on you up to and including dismissal and IMO, this is the what you need to be most concerned with. The link I provided outlines the policies. I highly suggest that you consult a local attorney that has dealt with this sort of thing (ON campus violation) as you are also open to loosing federal/state funding (financial aide). You are also required to report a conviction to the university within 5 days of a conviction.
    The Hall Director said that, in regards to the school, that at most I wouldn't be allowed back in the dorm for the week after the incident, whihc I dont' believe will happen since they shouldve contacted me by now. I'm more worried about the paraphernalia. The officer cited it as in violation of section 2925.14.

  7. #7
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    Default Re: Drug Paraphernali At OSU

    that at most I wouldn't be allowed back in the dorm for the week after the incident, whihc I dont' believe will happen since they shouldve contacted me by now.
    Yeah thats what they tell you now bc you haven't been convicted yet. If you get a conviction then the rules change. The hall director also doesn't have the authority to tell you what will happen to you "at most." But believe what you want to.
    here is the link for your specific charge and possible fines/jail/drivers license sanctions:
    http://codes.ohio.gov/orc/2925.14

  8. #8
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    Default Re: Drug Paraphernali At OSU

    Quote Quoting gigirle
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    Yeah thats what they tell you now bc you haven't been convicted yet. If you get a conviction then the rules change. The hall director also doesn't have the authority to tell you what will happen to you "at most." But believe what you want to.
    here is the link for your specific charge and possible fines/jail/drivers license sanctions:
    http://codes.ohio.gov/orc/2925.14
    Thanks, but this site doesn't tell me what the possible fines will be.

  9. #9
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    Default Re: Drug Paraphernalia At OSU

    Quote Quoting coolhand
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    The first citation is an M-M and the second was a an M-4 if that helps.
    Possible money fines:


    (iv) For a misdemeanor of the fourth degree, not more than two hundred fifty dollars;

    (v) For a minor misdemeanor, not more than one hundred fifty dollars.




    http://codes.ohio.gov/orc/2929.28

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