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Although misdemeanor possession of marijuana charges are less harsh than felony charges and/or convictions of controlled substances and other drug-related charges, severe consequences often can follow an arrest, charge and/or conviction of misdemeanor marijuana possession. Penalties can include harm to military status, harm to academic financial aid, ineligibility to work in certain professional fields, disciplinary action and automatic driver’s license suspensions.
Contact Brian Joslyn of the Joslyn Law Firm if you have been charged with a misdemeanor marijuana possession offense in Franklin County, Columbus, Ohio. Due to the potentially devastating effects that a marijuana conviction can have on your life, it is imperative that you contact a Columbus misdemeanor possession of marijuana lawyer to defend your case. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today.
Under Ohio law, the elements of misdemeanor marijuana possession include knowledge and/or reasonable belief that the substance is marijuana. Knowledge consists of the specific intent and purpose to possess marijuana. A reasonable belief is formed according to what a person of average intelligence would believe under the circumstances.
Possession can be actual or constructive in Ohio. Actual possession is having direct dominion and control of marijuana. Constructive possession is awareness of the marijuana and/or reasonable belief the individual could actually possess the marijuana.
Ohio criminalizes possession of marijuana in any amount. However, the degree of penalties depends on the quantity of marijuana in question.
Ohio controlled substances possession laws are governed by Ohio Rev. Code § 2925.11. These penalties apply to any compound, mixture, preparation or substance containing marijuana other than hashish. Marijuana can include cannabis, pot, ganja, bud, chronic or weed, but does not include any resin derived from the plant or anything created from that resin.
Police officers who make arrests for simple possession of marijuana will often attempt to find additional evidence of intent to sell marijuana. Possession of marijuana with intent to sell carries significantly harsher penalties and repercussions than simple possession
Possession of marijuana in Ohio law is a minor misdemeanor for having less than 100 grams. The penalty for a minor misdemeanor possession of marijuana is a $150 fine. For a first-time offense, the court will not impose a jail sentence.
Possession of 100 grams or more but less than 200 grams is a misdemeanor of the fourth degree. This offense carries a sentence of up to 30 days in jail and/or up to a $250 fine.
Anything more than 200 grams in someone’s possession is a felony marijuana possession offense.
A marijuana charge and/or conviction can result in potentially life-altering repercussions, such as the following:
Additionally, any person who is convicted may be subjected to driver’s license or commercial driver’s license suspension suspend for six months to five years.
Every individual has the constitutional right to protection from unlawful searches and seizures, which include potentially manufactured evidence by law enforcement officials for the prosecution purposes, lack of a search warrant, and improperly executed search warrants.
In the event that illegal evidence has been used against you, your Columbus misdemeanor possession of marijuana lawyer will likely file a motion to suppress the evidence. If the motion to suppress the evidence is granted and the prosecution has not proven its case, the charges against you may be dismissed.
Also, if you were charged with simple possession of marijuana and the arresting officer did not give you Miranda warnings, anything you say will likely be inadmissible in court.
Other defenses can include mistaken identity, entrapment by law enforcement, and lack of possession.
If you have been charged with misdemeanor possession of marijuana, it is essential that you contact the Joslyn Law Firm immediately. Brian Joslyn of the Joslyn Law Firm is an experienced Columbus marijuana possession lawyer who will listen to the particular facts and circumstances of your case and tailor a defense that is right for you.
Call (614) 444-1900 for a consultation about your misdemeanor marijuana charges in Franklin County and surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.