Ask the Lawyer: Can I go to prison for a marijuana offense?
By Brian Joslyn
Joslyn Law Firm
501 S. High St.
Columbus, OH 43215
Ask the Lawyer:
Can I go to prison for a marijuana offense?
COLUMBUS, Ohio – The controversy circulating about marijuana usage has been happening for decades, but as more and more states legalize either medicinal or recreational marijuana or both, the confusion is real.
Here are the facts:
Marijuana is strictly prohibited under the law in Ohio. It is an illegal drug.
Marijuana offenses can incur very harsh penalties. Law enforcement will be relentless in the pursuit, arrest, charge and/or conviction
While nearly half of adults in this country have tried marijuana and many more view it as a harmless, casual drug, Ohio law simply does not line up with their point of view. Criminal convictions are sought every day for charges like marijuana possession, manufacturing cannabis, marijuana cultivation, cannabis distribution, marijuana transportation, cannabis trafficking and possession of marijuana paraphernalia.
As a criminal defense attorney, Brian Joslyn, managing partner at the Joslyn Law Firm in Columbus, knows that the state prosecutor must meet a significant burden and prove every element of the charges against you beyond a reasonable doubt.
“If the prosecution is unable to meet this burden, the charges against you may be reduced or even dismissed,” he said.
Procedural requirements are often pivotal to securing marijuana-related convictions. As an experienced defense attorney, Joslyn is aware that marijuana evidence can frequently be concealed, confiscated, destroyed or lost. Through either negligence or intentional action, he said the zeal of law enforcement to secure a marijuana charge or conviction can lead to evidence tampering.
“If these facts apply to your case, the charges against you may also be dropped,” said Joslyn. “Marijuana evidence can frequently be concealed, confiscated, destroyed or lost. Evidence derived from an unlawful search and seizure or obtained as the result of an improperly executed warrant is ‘tainted’ in violation of the Fourth Amendment of the United States Constitution and the Ohio Constitution, Article I, Section 14.”
Why are marijuana charges pursued so aggressively? According to Joslyn, the Comprehensive Drug Abuse Prevention and Control Act categorizes marijuana as a Schedule I drug, meaning that they have a high potential for abuse and no accepted medical use in the United States. This is why it can lead to severe sentences under federal law.
If you have been arrested for a marijuana-related charge, he recommends that you seek out the guidance of a defense attorney as quickly as possible to get your thoughts and recollections into record. Over time, memories can fade and you need to share your story immediately after an arrest. An experienced criminal defense attorney like the team at Joslyn Law Firm will help you find the best defense strategies possible.
In addition to marijuana charges, Joslyn Law Firm defends those charged with other drug crimes, traffic violations, OVI/DUI, juvenile charges, theft, white collar crime, domestic violence, bench warrants and probation violations.
Joslyn Law Firm has locations in Columbus, Cincinnati and Dayton. For more information, call (614) 444-1900.