A Columbus Criminal Defense Attorney’s Take on Congress’s New Marijuana Ruling

What the recent end of federally banned medical marijuana means for Ohio

A little over a month ago, a small provision was quietly slipped into a federal spending measure that effectively ended the federal government’s ban on medical marijuana—meaning medical marijuana dispensaries are no longer under threat of being raided by federal agents.

With this new shift in our government’s drug policy, many Ohioans are wondering how the new bill will affect our state’s marijuana laws.

First, let’s look at Ohio’s current laws regarding marijuana.

Ohio’s existing marijuana laws

Ohio is not one of the states that has legalized recreational or medical marijuana.

However, possession of small amounts of marijuana has been virtually “decriminalized” in Ohio. That means, if you are caught possessing less than one ounce of marijuana, it will be confiscated and you will be fined $150, rather than facing jail time. It is only a minor misdemeanor. But be cautious of the other potential consequences, such as a driver’s license suspension and a criminal record that can impact other things.

However, if you are caught possessing more than one ounce of marijuana, jail time is a possibility, especially if you are accused of distribution.

Marijuana paraphernalia, including pipes, vaporizers and bongs are still illegal as well.

What does the new ruling mean for Ohio?

While removal of the federal ban on medical marijuana is a step in the right direction for legalization advocates, state laws are allowed to be more restrictive than federal laws. Consequently, it’s possible that Ohio will not be affected at all.

However, there are other bills in the works that would legalize medical and recreational marijuana in the state of Ohio. If one of these were passed, the story could change.

Call a Columbus criminal defense attorney if you’re caught with marijuana

It would appear that, in regards to the United States legalizing recreational marijuana, the dominoes are falling. Just remember, even though legalized pot appears to be just over the horizon, it’s still considered an illicit substance by today’s standards, and police will still arrest you for smoking or possessing weed.

However, as the reality of legalized recreational marijuana inches closer, some courts are allowing for a little more wiggle room when it comes to possession charges.

That’s why, if you’re arrested and charged with use or possession of marijuana, you need an experienced, professional criminal defense attorney from Yavitch & Palmer to look over every aspect of your case and work to get your charges minimized or dismissed.

Call Yavitch & Palmer today at 614-224-6142, or use our online contact form to make an appointment at our downtown Columbus office.

By Yavitch & Palmer Co., L.P.A | Posted on February 17, 2015

Blogs

Does an OVI show up on a background check?

In Ohio (and probably most other states) the run-of-the-mill DUI or OVI is a misdemeanor traffic offense. That means it is not a criminal offense. Notice the italics in traffic and criminal. They are in italics because those are terms of art. That means they have a specific legal definition.…...Read More

Will I go to jail for my First Offense OVI in Ohio?

One of the main philosophies of our justice system is deterrence. The idea is to impose enough of a punishment for crimes to make others (who haven’t yet committed a crime) think twice. This happens in two ways. First, some laws have mandatory penalties. Anyone who reads the law should…...Read More

Why I am a “Science Denier” (and that is exactly what you want from your criminal defense attorney)

“The impression that serious scientific problems are far beyond the understanding of the average man constitutes a serious obstacle to the growth of this public interest. A caste system of specialists has been created, and it has produced a sort of intellectual defeatism, so that the layman tends to think…...Read More

Previous Blog Next Blog

FAQs

Q: What kinds of crimes go to trial?

Answer

Any case can go to trial. Although we often see the most serious matters in trial, that is not always the case. Sometimes the more serious offenses carry the risk of greater consequences. We commonly have trials on all matters, including OVI, traffic, and complex criminal cases.

Q: How likely is it my case will go to trial?

Answer

Trials are rare, with just 2.5% of Ohio criminal cases in common pleas court going to trial in 2012. Most cases resolve by plea negotiations. However, every case is unique and you need a lawyer to help you figure out all your available options.

Q: What’s the difference between a civil law and a criminal law?

Answer

Civil law deal with disputes between individuals, organizations or both. Yavitch & Palmer deals with criminal law— crimes and legal punishments of criminal offenses, like assault, robbery, drug trafficking and much more.