Currently in Ohio, possession of drug paraphernalia is a fourth degree misdemeanor carrying a potential jail sentence of up to 30 days, a fine, and loss of your driver’s license for at least 6 months.On July 6, Governor John Kasich signed into law SB 337. One of the law’s provisions reduces the penalty for possession of drug paraphernalia intended for marijuana use from a fourth degree misdemeanor to a minor misdemeanor. Minor misdemeanors in Ohio carry no jail time and do not result in a criminal record. The maximum fine is $150.00. However, driving privileges may still be revoked for at least six months. The law goes into effect on September 23. If your court date is before then, you might consider asking the court for a continuance until after that date. In addition, while the new law clearly provides a benefit, it does not make possession of drug paraphernalia legal.
I would advise you not to plead guilty to any criminal offense without first consulting with experienced counsel. Even minor drug-related convictions may show up on a background check, affecting future employment offers. They can also affect eligibility for student loans, housing and other public benefits and have immigration consequences. An experienced attorney will be able to advise you as to potential defenses to the charge, and alternatively, whether a diversionary disposition is possible that either does not require a guilty plea or results in a complete dismissal after a period of time .
Jeralyn Merritt, Ask a Lawyer Panelist since 1998
Answered on Sep 12th, 2012 at 3:37 AM