Many legal defenses may apply in a case of possession of drug paraphernalia, such as: Common examples of drug paraphernalia include bongs, hookahs, marijuana accessories or accessories, measuring scales, syringes or needles, separators or screening devices, plastic containers and bags. Possession of drug paraphernalia is defined in Ohio Revised Code 2925.14 as possession of equipment, products, or any type of material developed for the purpose or intent to use illegal controlled substances. Every day, residents of central Ohio are charged with drug offenses. Drug paraphernalia is not limited to items like pipes or marijuana bongs. Ohio law defines drug paraphernalia as anything used in the manufacture or consumption of illegal drugs. This could include a scale or scale used to weigh the drug, as well as a spoon used to mix crack, a needle to inject heroin, or a mill to separate stems and seeds from marijuana. Possession of drug paraphernalia is defined in Ohio Revised Code 2925.14 as possession of equipment, products, or any type or material developed for the purpose or intent of using illegal substances. Drug paraphernalia includes any type of material involved in cultivation, cultivation, harvesting, manufacturing, production, packaging, storage, injection, ingestion, inhalation, etc. Because what defines drug paraphernalia can be broad, possession of these paraphernalia can occur even if items typically associated with the crime, such as bongs, syringes, or pipes, are not present at the crime scene. Indeed, while all states criminalize the possession of utensils, the laws as written are broad and vague enough that a court can mark almost anything as utensils if it so wishes. Our team at Gounaris Abboud, LPA has over 50 years of combined legal experience. Since these are lawyers who were previously employed as prosecutors and judges, we are familiar with the criminal justice system.
Section 2925.14 of the Revised Ohio Code deals with the illegal use or possession of drug paraphernalia. Ohio`s revised code 2925.141 deals specifically with marijuana drug paraphernalia. If you are in possession of marijuana-related drug paraphernalia (e.g., bongs, water pipes, etc.), you will be charged with a minor offence. This offence carries only a fine of $150 and no imprisonment. Depending on the facts of your case, a qualified drug lawyer on your behalf may raise potential legal defenses and negotiate with the prosecutor to reduce your charges. In Ohio, drug paraphernalia is a special crime. In particular, you may be charged with possession, use or distribution of drug paraphernalia without the presence of illegal drugs. When talking about “drug paraphernalia,” thoughts can focus on instruments such as needles, syringes, hoses, and bongs. All of these sections fall within the definition, but drug paraphernalia includes many other materials and instruments used in connection with drugs. Allegations of drug paraphernalia can be very serious. In some situations, the penalties for possession of equipment for the purpose of illicit drug use are more severe than for possession of the drugs themselves.
Nick Gounaris attended the University of Miami and earned a Bachelor of Arts degree, then attended the University of Dayton School of Law, where he earned his Juris Doctor. In 2011, Mr. Gounaris received a rating of 10.0 “Superb” by Avvo, a nationally recognized lawyers` opinion site. He provides the firm`s clients with competent legal representation and focuses his legal work on the areas of DUI defense, criminal defense, family law issues, federal criminal law and personal injury cases. Some possible legal issues we look for in each drug paraphernalia case include: ** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden of proof that marijuana was intended solely for personal use, and that is through a preponderance of evidence. If this defense is successful, the defendant can still be convicted of an illegal marijuana growing offense or plead guilty. Ohio`s revised code 2925.12 states that it is illegal to manufacture, possess, preserve, or use addiction devices. This Act applies in particular to any injection needle or syringe whose primary purpose is to enable the user to administer a dangerous drug and which has been used to inject an illegal drug. Persons charged under this Act face a 2nd degree offence. If a prosecutor attempts to plead the case of drug paraphernalia in relation to an object, the court will consider various factors related to the case.
Whether the item is in the vicinity of drugs, whether the defendant made implied statements about the objects, or whether investigators found residue on the objects are questions the court will ask. There is no comprehensive test that can generally be applied to any case anywhere, so the courts have a wide margin of appreciation in these decisions. A second important defence is inappropriate search and seizure. This often happens when the police stop and ask people questions. For example, the police may ask you for identification. After working together, the officer may think you look “nervous” or their “police radar” may tell them something is wrong, forcing them to search or your person. Since there is no indication that you broke the law or that you were about to break the law, the search would be unconstitutional. If you`re being sued in Ohio for possession of drug paraphernalia, we`re here to help.
Contact our office today to begin your free consultation. We represent many clients who face allegations of drug-related crimes on a daily basis, including those charged with possession of drug paraphernalia. If a person is convicted of a crime that may be punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or a higher sentence. The judge does not have the power to sentence the accused to a sentence shorter than the prescribed minimum. A prisoner who is serving an MMS for a federal offense and for most state crimes is not entitled to probation. Even peaceful marijuana smokers sentenced to a “mmS for life” must serve a life sentence without the possibility of parole. Possession of less than 100 grams is a minor offence punishable by a $150 fine.* This is a non-exhaustive list of circumstances that law enforcement and the court may consider. Possession of 100 to 200 grams is an offence punishable by up to 30 days in prison and a maximum penalty of $250. We can prepare a strategy to help you achieve the desired result in your case.