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Minor Marijuana Possession

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elisabeth2342

New member
i was pulled over for rolling through a stop sign in ohio. i had marijuana on me and didn’t get a ticket, but have to go to court for the marijuana. it was less than 200 grams, maybe 3/4 of an ounce or so. i’m a minor and i’ve had my license for 5 months. i didn’t get a ticket. the officer also wouldnt answer my questions when i asked what the laws are that i was breaking and wouldn’t answer me when i asked what my rights were in that situation. can this affect my license? was the officer allowed to ignore my questions?
 


quincy

Senior Member
i was pulled over for rolling through a stop sign in ohio. i had marijuana on me and didn’t get a ticket, but have to go to court for the marijuana. it was less than 200 grams, maybe 3/4 of an ounce or so. i’m a minor and i’ve had my license for 5 months. i didn’t get a ticket. the officer also wouldnt answer my questions when i asked what the laws are that i was breaking and wouldn’t answer me when i asked what my rights were in that situation. can this affect my license? was the officer allowed to ignore my questions?
First, an officer can ignore your questions.

If charged with possession of marijuana under 100 grams, this is a minor misdemeanor and is not reported on your criminal record.

The new law in Ohio became effective on October 31st, 2018. Here is a link:
http://codes.ohio.gov/orc/2925.11v2

When you receive notice of your hearing date in the mail, do not ignore it.

Good luck.
 
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ALawyer

Senior Member
Let's take a look at this in stages. If you just were pulled over for a rolling stop and ticketed, that normally would only result in a small fine, and perhaps also result in an increase in your auto insurance rates, but by itself would not be a big deal. Here however you are a new driver (licensed only 5 months) and some states have rules that are particularly harsh when a moving violation is committed by a brand new driver. But that's the small part.

What's more important is the potential result from your possession of marijuana. As you undoubtedly recognize, although Ohio has legalized MEDICAL MARIJUANA for those with certain stated conditions whose applications are approved, in general the possession of marijuana (which seems to be spelled marihuana in Ohio) in other circumstances is prohibited under the law.

It is my understanding that under Ohio law (and you'd better check this out with a licensed and knowledgeable Ohio criminal defense lawyer -- I am neither an Ohio lawyer nor a criminal defense lawyer) possession of up to 100 grams of marijuana was treated as a "minor misdemeanor" that would be punishable by a small fine, at least as the law existed through October 31, 2018. However, you didn't mention when you were pulled over, and you seem unclear as to the amount of marijuana you had on you, yet that's critical under Ohio law, which distinguishes the nature of the offense, and the potential penalty, based on the quantity in possession. If it was over 100 grams but still less than 200 grams, you'd be facing a misdemeanor punishable by up to thirty days in jail and a $250 fine (at lest under the law in effect thru October 31st. If the amount of the drug involved equals or exceeds 200 grams but is less than one thousand grams, possession of marihuana would be a felony of the fifth degree -- which would be a pretty serious blot on your record going forward and also could result in a prison term for the offender.

As a lawyer I would URGE you to seek IMMEDIATE legal help from both your parents and an Ohio lawyer who handles cases such as yours immediately!!!!

Depending upon all the circumstances, including whether you have had prior run ins with the law, your high school academic and disciplinary records, what you've done that is commendable in the community, your reputation in the community, and the willingness of reputable people who know you to speak well of you, a capable lawyer might be successful in having all charges dropped, or at least having the charges reduced -- ideally to the lowest possible offense. In the interim, discuss the matter with your parents (sure they'll be angry, but that's par for the course), and don't discuss the situation with friends or others, and don't post on boards like this, as anything you say can be used against you....

Most importantly, I hope for your sake that you learn a lesson from this experience, as a first offense is one thing, a second offense would be far more serious.
 
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quincy

Senior Member
Let's take a look at this in stages. If you just were pulled over for a rolling stop and ticketed, that normally would only result in a small fine, and perhaps also result in an increase in your auto insurance rates, but by itself would not be a big deal. Here however you are a new driver (licensed only 5 months) and some states have rules that are particularly harsh when a moving violation is committed by a brand new driver. But that's the small part.

What's more important is the potential result from your possession of marijuana. As you undoubtedly recognize, although Ohio has legalized MEDICAL MARIJUANA for those with certain stated conditions whose applications are approved, in general the possession of marijuana in other circumstances is prohibited under the law.

It is my understanding that under Ohio law (and you'd better check this out with a licensed and knowledgeable Ohio criminal defense lawyer -- I am neither an Ohio lawyer nor a criminal defense lawyer) possession of up to 100 grams of marijuana would be treated as a "minor misdemeanor" that is punishable by a small fine. However, you seem unclear as to the amount of marijuana you had on you, yet that's critical under Ohio law, which distinguishes the nature of the offense, and the potential penalty, based on the quantity in possession. If it was over 100 grams but still less than 200 grams, you'd be facing a misdemeanor punishable by up to thirty days in jail and a $250 fine. If it was 200 grams or more, then the offense is more significant, and penalty could be significantly higher.

As a lawyer I would URGE you to seek IMMEDIATE legal help from both your parents and an Ohio lawyer who handles cases such as yours immediately!!!!

Depending upon all the circumstances, including whether you have had prior run ins with the law, your high school academic and disciplinary records, what you've done that is commendable in the community, your reputation in the community, and the willingness of reputable people who know you to speak well of you, a capable lawyer might be successful in having all charges dropped, or at least having the charges reduced -- ideally to the lowest possible offense. In the interim, discuss the matter with your parents (sure they'll be angry, but that's par for the course), and don't discuss the situation with friends or others, and don't post on boards like this, as anything you say can be used against you....

Most importantly, I hope for your sake that you learn a lesson from this experience, as a first offense is one thing, a second offense would be far more serious.
The law in Ohio on marijuana changed at the end of October.

Possession of less than 200 grams is a minor misdemeanor in many areas now and is not a jailable offense. There can be a $150 fine. It is not an offense that shows up on a criminal record.

There also is no longer a mandatory license suspension.

I think you must have looked at the old laws in Ohio?

I agree that speaking to an attorney in Ohio would be smart.
 
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Shadowbunny

Queen of the Not-Rights
i was pulled over for rolling through a stop sign in ohio. i had marijuana on me ...... i asked what the laws are that i was breaking and wouldn’t answer me when i asked what my rights were in that situation. can this affect my license? was the officer allowed to ignore my questions?
You failed to stop. You had pot on you. What other laws did you THINK you were breaking?
 

RJR

Active Member
The law in Ohio on marijuana changed at the end of October.

Possession of less than 200 grams is a 4th degree misdemeanor (a minor misdemeanor) and is not a jailable offense. There can be a $150 fine. It is not an offense that shows up on a criminal record.
A 4th degree misdemeanor is NOT a Minor Misdemeanor, therefore jail time is possible.

An Ohio Municipality can have harsher penalties than state law, so depends where he was cited.
 

quincy

Senior Member
I agree the location in Ohio matters. Possession under 200 grams in some areas of Ohio (Dayton, Norwood, Fremont to name three of many) has now been decriminalized. Possession under 100 grams is a minor misdemeanor under Ohio law.


(I removed the "4th degree" from my posts - see my edits)
 
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RJR

Active Member
I agree the location in Ohio matters. Possession under 100 grams in some areas of Ohio (Dayton, Norwood, Fremont to name three) has now been decriminalized.
And they just as easily could have made it an M-1, harsher penalties.
 

quincy

Senior Member
3/4 oz is 21 - 22 grams.
I do not see that Elizabeth has to worry about anything but fines. But speaking to an attorney in one's area is never a dumb idea. Elizabeth should see what comes in the mail to see how she has been charged.
 
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elisabeth2342

New member
First, an officer can ignore your questions.

If charged with possession of marijuana under 200 grams, this is a minor (4th degree) misdemeanor and is not reported on your criminal record.

The new law in Ohio became effective on October 31st, 2018. Here is a link:
http://codes.ohio.gov/orc/2925.11v2

When you receive notice of your hearing date in the mail, do not ignore it.

Good luck.
You failed to stop. You had pot on you. What other laws did you THINK you were breaking?
i wanted to know the exact marijuana laws i was breaking. i didn’t previously know about the new 200 grams law
 

elisabeth2342

New member
Let's take a look at this in stages. If you just were pulled over for a rolling stop and ticketed, that normally would only result in a small fine, and perhaps also result in an increase in your auto insurance rates, but by itself would not be a big deal. Here however you are a new driver (licensed only 5 months) and some states have rules that are particularly harsh when a moving violation is committed by a brand new driver. But that's the small part.

What's more important is the potential result from your possession of marijuana. As you undoubtedly recognize, although Ohio has legalized MEDICAL MARIJUANA for those with certain stated conditions whose applications are approved, in general the possession of marijuana (which seems to be spelled marihuana in Ohio) in other circumstances is prohibited under the law.

It is my understanding that under Ohio law (and you'd better check this out with a licensed and knowledgeable Ohio criminal defense lawyer -- I am neither an Ohio lawyer nor a criminal defense lawyer) possession of up to 100 grams of marijuana was treated as a "minor misdemeanor" that would be punishable by a small fine, at least as the law existed through October 31, 2018. However, you didn't mention when you were pulled over, and you seem unclear as to the amount of marijuana you had on you, yet that's critical under Ohio law, which distinguishes the nature of the offense, and the potential penalty, based on the quantity in possession. If it was over 100 grams but still less than 200 grams, you'd be facing a misdemeanor punishable by up to thirty days in jail and a $250 fine (at lest under the law in effect thru October 31st. If the amount of the drug involved equals or exceeds 200 grams but is less than one thousand grams, possession of marihuana would be a felony of the fifth degree -- which would be a pretty serious blot on your record going forward and also could result in a prison term for the offender.

As a lawyer I would URGE you to seek IMMEDIATE legal help from both your parents and an Ohio lawyer who handles cases such as yours immediately!!!!

Depending upon all the circumstances, including whether you have had prior run ins with the law, your high school academic and disciplinary records, what you've done that is commendable in the community, your reputation in the community, and the willingness of reputable people who know you to speak well of you, a capable lawyer might be successful in having all charges dropped, or at least having the charges reduced -- ideally to the lowest possible offense. In the interim, discuss the matter with your parents (sure they'll be angry, but that's par for the course), and don't discuss the situation with friends or others, and don't post on boards like this, as anything you say can be used against you....

Most importantly, I hope for your sake that you learn a lesson from this experience, as a first offense is one thing, a second offense would be far more serious.
it was well under 100 grams. i’ve never gotten in trouble with the law, have never been pulled over before this, and i was pulled over last friday
 
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