For many years, Ohio and other states have been fighting illicit drug use. They are doing this in part by attacking the demand side, penalizing the people who possess and use drugs. Lately there has been discussion of whether this is a wise approach. Still, these drug possession laws remain on the books, and there is a danger that Buckeye State residents may be prosecuted under them.
Many people do not realize that just because an individual has been charged with or arrested on suspicion of committing a crime, it is not necessarily the case that they have committed it. In fact, everyone has the right to convey their side of the story in a courtroom and one of the steps criminal defense attorneys take is to challenge the elements of the prosecution's case to prove the innocence of their client. When it comes to drug possession charges, one of the tactics could be to challenge the very reason the drugs were discovered in the first place.
Though Issue 1, Ohio's drug crime constitutional amendment, failed at the ballot box in November, Ohio Senate President has started taking steps to make good on his promise to reform drug laws. Though he opposed the failed amendment, he had claimed he would work toward changing the laws and introduced Senate Bill 341 in furtherance of that.
Drug possession arrests and convictions can impose serious penalties on the lives of Ohio residents. Whether their arrests are for allegedly possessing marijuana or narcotics, drug possession charges can be costly and can leave individuals with marks on their criminal records. However, there is a drug charge that may affect an individual that does not even involve the presence of drugs on a person. That charge is possession of drug paraphernalia and this post will briefly discuss what that may mean.
You may have heard that Ohio is one of the states to have decriminalized possession of small amounts of marijuana. What exactly does this mean?