Minor Marijuana Possession

[quincy]

She said it is in Streetsboro; in the akron - cleveland area, not in akron or cleveland, near them.

I read the post. But thank you for telling me what it said.

Possession of marijuana in the amount Elizabeth said she had would be a minor misdemeanor in all of Ohio.

 

[Just Blue]

I read the post. But thank you for telling me what it said.

Possession of marijuana in the amount Elizabeth said she had would be a minor misdemeanor in all of Ohio.

 

[Ohiogal]

How old are you Elizabeth? Are you under 18?

 

[quincy]

How old are you Elizabeth? Are you under 18?

Elizabeth said she was a minor. Is there a difference in how the law is applied to those under 18?

 

[Ohiogal]

Elizabeth said she was a minor. Is there a difference in how the law is applied to those under 18?

The difference is she could lose her license because of the pot. Because she is a minor... And Judge Berger might do that.

 

[quincy]

The difference is she could lose her license because of the pot. Because she is a minor... And Judge Berger might do that.

I thought there was no driver license suspension penalty. Maybe that is just under the ordinances?

 

[Ohiogal]

I thought there was no driver license suspension penalty. Maybe that is just under the ordinances?

In adult court there isn't... But she is a new driver and because of the drugs the juvenile court has a bit of discretion. She can lose her license until she is 18 or 21.

 

[HighwayMan]

Elizabeth said she was a minor. Is there a difference in how the law is applied to those under 18?

I have run into many people over the years who threw the term "minor" around without knowing what it really means. Plenty of people think anyone under 21 is considered a minor.

 

[quincy]

I have run into many people over the years who threw the term "minor" around without knowing what it really means. Plenty of people think anyone under 21 is considered a minor.

Probably because their major measuring tool is when they can legally drink alcohol.

The fact that Elizabeth said she only had her license for 5 months, though, does seem to indicate she is under 18.

Well having her license suspended would be unfortunate for her.

 

[Shadowbunny]

Well having her license suspended would be unfortunate for her.

But probably fortunate for those around her with the whole "running stop signs and smoking pot" thing....

 

[RJR]

Possession of marijuana in the amount Elizabeth said she had would be a minor misdemeanor in all of Ohio.

Again, I respectfully disagree. Ohio's Home Rule provision, Article 18 sec. 3 permits Municipalities to enact their own ordinances as long as they do not conflict with the "General Laws" of the State, and I linked the Niles v. Howard case, and checking Niles current law, ANY amount UP to the Bulk is an M-1. Many Ohio cities have possession of ANY amount or up to bulk, M-4's and above.

This applies to all general offense laws and even traffic laws. For example, State law codifies not fully stopping at a stop sign a Minor Misdemeanor. If any municipality wishes to codify it as an M-4 to an M-1 that is permitted.

Here is Youngstown's MJ Ordinance, no gram or bulk classification, as you can read.

513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.
(a) No person shall knowingly obtain, possess or use a controlled substance that is included in Schedule III, IV or V, as set forth in the Ohio Revised Code 3719.41, or marijuana.

(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 lawful prescription issued by a licensed health professional authorized to prescribe drugs.

(c) Whoever violates this section is guilty of drug abuse, a misdemeanor of the first 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) Forfeiture of property is specifically authorized herein pursuant to Ohio Revised Code Chapter 2981 et seq. or pursuant to the Codified Ordinances of the City of Youngstown.
(Ord. 09-217. Passed 10-7-09.)

 

[Just Blue]

Again, I respectfully disagree. Again, Ohio's Home Rule provision, Article 18 sec. 3 permits Municipalities to enact their own ordinances as long as they do not conflict with the "General Laws" of the State, and I linked the Niles v. Howard case, and checking Niles current law, ANY amount UP to the Bulk is an M-1. Many Ohio cities have possession of ANY amount or up to bulk, M-4's and above.

This applies to all general offense laws and even traffic laws. For example, State law codifies not fully stopping at a stop sign a Minor Misdemeanor. If any municipality wishes to codify it as an M-4 to an M-1 that is permitted.

Here is Youngstown's MJ Ordinance, no gram or bulk classification, as you can read.

513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.
(a) No person shall knowingly obtain, possess or use a controlled substance that is included in Schedule III, IV or V, as set forth in the Ohio Revised Code 3719.41, or marijuana.

(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 lawful prescription issued by a licensed health professional authorized to prescribe drugs.

(c) Whoever violates this section is guilty of drug abuse, a misdemeanor of the first 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) Forfeiture of property is specifically authorized herein pursuant to Ohio Revised Code Chapter 2981 et seq. or pursuant to the Codified Ordinances of the City of Youngstown.
(Ord. 09-217. Passed 10-7-09.)

OhioGal is an Attorney in Ohio. She has already stated it is a minor misdemeanor.

 

[RJR]

OhioGal is an Attorney in Ohio. She has already stated it is a minor misdemeanor.

And she quoted STATE law, not municipal laws under Home Rule. It's right there in print did you read it.

 

[Just Blue]

And she quoted STATE law, not municipal laws under Home Rule. It's right there in print did you read it.

She works in Portage County, Summit County and Cuyahoga County . Are you an attorney? Do you work in the courts in Ohio?

 

[RJR]

Does not matter, again, she quoted STATE law, and she is right about that, never said she wasn't. If someone can dispute my post 71 with well established law, let them do it.