• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

First time Possession of Marijuana in Ohio

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

qwik

Junior Member
What is the name of your state (only U.S. law)? Ohio



Ok so here's the story. A couple nights ago, I decided to get some marijuana off a friend (3.5 grams). When my friend went to his car to get it, a police officer drove by and most likely saw what was going to happen, because he later then pulled me over down the street. He pulled me over because he said I had a loud muffler. He then told me to roll my windows up and sit in the car and surprisingly he brought out the K9, he had the dog sniff around my car a couple times and then the officer asked me if I had smoked in the vehicle before. I was honest and told him I have, then he proceeded to ask me if I had anything in the vehicle that he should know about. I then just confessed and told him I had some marijuana in the center console. I gave it to him and then he came back and wrote me a ticket for possession of marijuana and excessive noise due to a loud muffler. I asked him if I was going to jail because of this (hey, I had no idea what to do, this was my first time ever getting caught). He then told me I wasn't and that this was pretty much just a traffic ticket. He told me that this shouldn't effect my job or anything school wise.

Today I called the police station/mayors court to find out how much my fines were and they told me that the fine for the marijuana charge was $240 and the loud muffler was $130, so all together i would be paying $370.

I was told by the lady on the phone that I could have gotten my license suspended if it was under state code but the box was checked for "city ordinance" so I won't be looking at any jail time or license suspension.

Now this happened on the 18th and the court date or when I have to pay the fine is for the 23rd. The lady on the phone told me that I could get an extension until possibly the 20th of November. She also said that they would have to add $10 if I received an extension.

My question is, will this be showing up on any background checks of some sort? I have researched on this forum that it will not and I have also heard that it will show up. I have about 1 more semester left in school and I will have to find an internship also for the degree I am currently pursuing. My main worries is will this effect my job search in any way? Also, does anyone know the details on requesting an extension for the fines? I have quite a clean record, only 2 points on my license due to a speeding ticket, and some other tickets for no front license plate and a noise violation due to my stereo system.

I think I would say I am pretty lucky because I guess it could have been worse but I really have learned my lesson and I do plan on quitting smoking marijuana after this incident. Can anyone give me advice?

Thanks.
 


mrb427

Junior Member
I'm in almost exactly the same situation. Busted for weed and trying to get a job soon. The officer also told me it wouldn't affect me getting a job.

THAT WAS BULL ****. Plain and simple. You were lied to and so was I. Since I was busted the charge has showed up on my record.

The only shot that you have of getting it off of your record is to plead Not Guilty (yes I know you confessed). What will happen is they will schedule a meeting with the District Attorney. You can then explain your situation to the DA and maybe you can work something out with them. It will help if your record was clean prior to this incident.

My plea is being submitted tommorow and I will have my meeting with the DA soon. I'll let you know how things go for me and maybe that will shed some light on your situation.

Best of luck,
Chuck
 

qwik

Junior Member
Okay so heres an update, I came back from the Mayors Office today to request an extension... so now I don't have to pay fines or anything until November 20... should I try and get a lawyer? I really would like to do some other things instead of having this on my record... the problem is, I really don't have enough money for a lawyer.. I don't know how to go about this? I can do whatever it has to take if it means that I have to take a drug test every week, I'll do it... can someone please give me advice! I am so worried about losing my current job, because I recently was offered a promotion, and they had to get my background check, well it turns out that there was an issue with it so they had to send it back in today, which means that minor misdemeanor is most likely going to show, and I really don't want to lose my job over this...

Oh and also, I guess the citation was written under the city ordinance instead of the state ordinance, the lady at the office told me that if it was under the state, my license could have been suspended for 6 months.. She also informed me that since it is under city ordinance, it is a $240 fine, with no suspension.. I have no idea if this is good or bad, I guess it's good because my license is suspended but can someone please give me some advice!?
 
Last edited:

qwik

Junior Member
Alright thanks, I'm just really confused though. My citation (MM) wasn't marked under state ordinance, it was marked under city ordinance.. The fine is a lot steeper, $240, but I won't have my license suspended... The citation also shows that I do NOT have to appear in court and I can just go in and pay the ticket or mail it in... does this mean after I pay it everything will be like nothing happened?

Also it isn't under state courts or anything that was checked at the top of the citation... it's just the local mayors court. I don't know if that makes a difference in anything?
 

mrb427

Junior Member
Be aware though, that even if the offense doesn't get put on your CRIMINAL record, it will likely still appear on any circuit court websites in Ohio.

Plead not guilty, explain your situation to the district attorney and try to make a deal with him/her.
 

qwik

Junior Member
Honestly I have no clue on how the court works? How do I even get a district attorney? Do they cost money? What is a cheaper route?
 

qwik

Junior Member
Well recently I received an extension to either pay for the fine or whatever until November 20 @ 10AM... would I be able to work out a deal before this date? I just want this to be over with. And when I do ask for this "deal" do I need to have a legal rep with me? Or can I just show up to this date by myself and ask for it? I have never done anything illegal before other than minor traffic tickets which I just payed a fine for.. I've never gone to court or anything so I have no idea what I am doing and how I am supposed to go about this... sorry for being so clueless about this...
 

seniorjudge

Senior Member
Go visit the court sessions a couple of times before you actually have to go.

You will have to do a bit of self-education here.
 

qwik

Junior Member
I researched the offense i was cited for and this is what it says....

624.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.


(a) No person shall knowingly obtain, possess or use a controlled substance.






(b) This section does not apply to the following:





(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731 and 4741.





(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration;





(3) Any person who sells, offers for sale, prescribes, dispenses or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug and Cosmetic Act", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act;





(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.






(c) Whoever violates subsection (a) hereof is guilty of one of the following:





(1) If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule III, IV, or V, whoever violates subsection (a) hereof is guilty of possession of drugs. Possession of drugs is a misdemeanor if the amount of the drug involved does not exceed the bulk amount. The penalty for the offense shall be determined as follows: possession of drugs is a misdemeanor of the third degree or, if the offender previously has been convicted of a drug abuse offense, a misdemeanor of the second degree. If the drug involved in the violation is an anabolic steroid included in Schedule III and if the offense is a misdemeanor of the third degree under this subsection, in lieu of sentencing the offender to a term of imprisonment in a detention facility, the court may place the offender under a community control sanction, as defined in Ohio R.C. 2929.01, that requires the offender to perform supervised community service work pursuant to division (B) of Ohio R.C. 2951.02.





(2) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates subsection (a) hereof is guilty of possession of marihuana. Possession of marihuana is a misdemeanor if the amount of the drug involved does not exceed 200 grams. The penalty for the offense shall be determined as follows:





A. Except as otherwise provided in subsection (c)(2)B. hereof, possession of marihuana is a minor misdemeanor.





B. If the amount of the drug involved equals or exceeds 100 grams but is less than 200 grams, possession of marihuana is a misdemeanor of the fourth degree.





(3) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates subsection (a) hereof is guilty of possession of hashish. Possession of hashish is a misdemeanor if the amount of the drug involved does not exceed the maximum amount specified in subsection (c)(3)B. hereof. The penalty for the offense shall be determined as follows:





A. Except as otherwise provided in subsection (c)(3)B. hereof, possession of hashish is a minor misdemeanor.





B. If the amount of the drug involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree.






(d) In addition to any other sanction that is imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.






(e) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.





(ORC 2925.11)
This is the part that I am pretty much highlighting

(e) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
That is what states in the CITY's codified ordinance... that was what my citation was violated, not the actual State's code.. Does this make things any better?
 

qwik

Junior Member
Okay, so according to the city's code that I violated, if I pay the fine, I should be okay.. correct? Sorry if I seem like I'm freaking out way too much, but I don't want my future jeopordized...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top