Marijuana possession, Ohio

[SuperSoul]

What is the name of your state? Ohio.

A person I know, age fourteen, was arrested and suspended for school 10 days with recommendation of expulsion on Friday. He was seen (by a janitor) slipping a small bag of marijuana under the lunch table to another student, age thirteen. The student in which he gave the marijuana to (which I would add the bag was nothing but a few empty stems and about ten seeds) was immediately searched by a teacher the janitor had told. After recovering the bag of marijuana stems and seeds, the teacher sent it to the office and the two kids were sent two hours later to the office where they were interrogated by the principal and, after some time, the addition of an older policeman who did not really say much to them.

Ohio law says that under 100 grams is just a fine, but being minors they are probably exempt from this. The bag did not contain marijuana, only stems and seeds from marijuana. We need help in all of this, especially as we want the child back in school, but do not really know how to get him to stay in there. Suggestions?

(Also he is an all A student and this would be the only trouble with him this school year)

 

[CdwJava]

Since when are "stems and seeds" not marijuana? Unless the kid's parents are willing to hire some expensive attorneys and experts to argue that the marijuana was NOT "usable", they should probably leave it be. The state COULD come back and make the charge for distribution on school campus ... the distribution charge (if over 20 grams) could result in a lengthy juvenile hall stay as a felony.

In any event, the school is within their right to suspend or even expel the child in question. He conducted a DRUG SALE right there ON CAMPUS! I know I wouldn't care to have him on the same campus as my children.

There is certainly some mechanism to appeal the suspension or expulsion, and you can take advantage of this - perhaps up to and including the school board. However, the best you might be able to hope for is an alternative program for the remainder of the year and then petition for re-admission next school year. In my local district, he'd likely be expelled and would not be allowed back for over a year - and even then only after completing a specific course of counseling.

- Carl

 

[FlyingRon]

Yes, he's lucky he wasn't charged criminally.

As for the suspension/expulsion, try over in the EDUCATION LAW section. Around here (not Ohio) you might be able to get an alternate placement in lieu of the expulsion, but even so your friend is still in very serious trouble.