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Dayton DUI Attorney Charles Rowland > Posts tagged "marijuana" (Page 3)

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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Driving Under the Influence of Drugs in Ohio

Ohio Revised Code 4511.19(A)(1)(j) prohibits the operation of a motor vehicle under the influence of a controlled substance, specifically if your blood or urine contains a statutorily specified concentration of: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A. Dayton DUI Attorney Charles M. Rowland II dedicates himself to the defense of the accused drunk driver.  He has attended the latest forensic science seminar of the National College for DUI Defense and is the only Ohio OVI attorney to have earned certification in Forensic Sobriety Assessment.  If you need an...

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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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Driving Under the Influence of Drugs (DUID)

Image via Wikipedia“When compared to alcohol, cannabis is detected far less often in accident-involved drivers.  Drummer et al. (2003) cited several studies and found that alcohol was detected in 12.5% to 79% of drivers involved in accidents.  With regard to crash risk, a large study conducted by Borkenstein, Crowther, Shumate, Zeil and Zylman (1964) compared BAC in approximately 6,000 accident-involved drivers and 7,600 nonaccident controls.  They determined the crash risk for each BAC by comparing the number of accident-involved drivers with detected levels of alcohol at each BAC to the number of...

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Drug Testing for Children; Is this a good idea?

Image by Rob Shenk via FlickrSchools in Crawford County, Ohio, have implemented a random drug test policy for students involved in sports and extra-curricular activities. Five of the six districts in the County now permit the random testing. Surprisingly, many students have joined administrators and teachers in supporting the effort. Officials from the sixth district say the issue requires further consideration before it can be adopted, but they are not totally opposed to the choice.The U.S. Supreme Court has confirmed the legality of student drug testing in public schools in two separate split decisions. In each case, the majority has agreed...

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Is It Time For Legalization of Marijuana?

Image via Wikipedia Wondering if you can get an OVI from Marijuana? Watch the Video. With the Obama administration's decision not to prosecute medicinal marijuana dealers and users, even though they violate federal law, the country is "probably in the process now of legalizing marijuana," conservative columnist George F. Will said today.Speaking on ABC's "This Week with George Stephanopoulos," Will compared what has been happening with marijuana with the gradual changes in laws regarding alcohol, gambling and even prostitution. "We have legalized gambling in this country over two generations. It used to be considered a sin and a crime. With no national debate,...

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DUID: Driving Under the Influence of Drugs

Image via WikipediaSenate Bill 8 criminally penalizes motorists who drive with levels of THC above 2 ng/ml in their blood and/or levels of the inactive marijuana metabolite THC-COOH in their urine above 35 ng/ml. Ohio is only the third state to pass per se DUID (driving under the influence of drugs) legislation for motorists with trace levels of THC in their blood, and it is the sixth to criminalize motorists who drive with levels of non-psychoactive marijuana metabolites in their bodily fluid.NORML Senior Policy Analyst Paul Armentano called SB 8 an "all out assault on Ohio's marijuana smoking community." He said: "THC...

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