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Dayton DUI Attorney Charles Rowland > Posts tagged "marihuana"

Driving and Drugs: Ohio’s Per Se Marijuana Law

 Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting.  According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

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Aggravated Drug Trafficking vs. Drug Trafficking in Ohio

Because of the high-profile nature of drug offenses, trafficking in drugs has overlapping federal and state jurisdiction.  The Comprehensive Drug Abuse Prevention and Control Act is the legal foundation of "War on Drugs" in the United States. The Act regulates the manufacture, possession, movement, and distribution of drugs in our country. It places all drugs into one of five schedules, or classifications, and is controlled by the Department of Justice and the Department of Health and Human Services, including the Federal Drug Administration.  Ohio law, as set forth below, adopts this drug classification system.  Drug trafficking can be charged as...

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Ohio’s Marihuana Possession Laws

Marihuana is illegal in Ohio.  See O.R.C. 2925.11.  While some states have taken steps to legalize, decriminalize or actively not enforce marihuana laws, Ohio maintains criminal penalties for possession of even small amounts of pot.  The Ohio State Highway Patrol has stepped up marihuana enforcement and local police, depending on the jurisdiction, are vigilant in enforcing marihuana laws.  Unlike many other states, Ohio’s penalties are based entirely on weight.  Even a trace amount of a controlled substance may be the basis for a drug abuse conviction. State v. Teamer (1998), 82 Ohio St. 3d 490.Possession of less than 100 grams is a...

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Ohio OVI Law: Impairment by Drugs of Abuse

Image via WikipediaOhio Revised Code 4511.19(A)(1)(j) prohibits the operation of a vehicle under the influence of any of the following controlled substances: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A.  The statute sets forth statutorily prohibited concentrations of each of the drugs set forth above.  For impairment purposes, "drugs of abuse" is defined  as set forth in Ohio Revised Code 3719.01 which includes not only illegal drugs and/or controlled substances  but also includes harmful intoxicants under Ohio Revised Code 2925.01(I) and dangerous drugs under Ohio...

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Zero Tolerance for Driving Under the Influence of Drugs? (from NORML)

The National Highway Traffic Safety Administration posted a press release entitled “Drug Use Among Fatally Injured Drivers Increased Over the Last Five Years“.  The release summarizes the full report that examines the the drug test results of drivers who had been killed in automobile crashes.  While the report itself is objective and offers many caveats about reading it as an indictment of drug-using drivers as serious safety risk, the mainstream media hasn’t been as “fair and balanced” and the Drug Czar has jumped on the release to forward his agenda.The headline from the Associated Press reads: “Gov’t: Drugs were in...

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