JUDGE THROWS OUT MEDINA'S POT-POSSESSION LAW

Medina - It was, until Wednesday, almost always better to be caught
with a marijuana cigarette anywhere in Ohio but here.

Jail was mandatory, fines could be harsher and, if you planned to be a
teacher, lawyer, or other licensed professional, your future was
suddenly dim mer under Medina's marijuana law.

Medina Municipal Judge Dale Chase decided Wednesday that the tough,
14-year-old city ordinance was unconstitutional because it conflicted
with the law as written by the state legislature.

City prosecutors have not decided whether to appeal. But they
previously have argued Medina has the right to adopt local laws that
address local problems - including marijuana.

Last year, police cited 69 people under the city ordinance that says
possessing a small amount of marijuana is a first-degree misdemeanor,
the same category of offense as domestic violence.

The law defines a small amount as less than 100 grams, but most of
those cited under the Medina ordinance had tiny amounts - a burnt
roach in a car ashtray, flakes and seeds in a bag.

The rest of Ohio considers possession to be like jaywalking, a minor
misdemeanor, punishable by a $100 fine. Minor misdemeanors generally
do not show up on background checks.

But first-degree misdemeanors do.

Under Medina's law, offenders not only had to serve three days in jail
and pay a fine of up to $1,000, but they also were saddled with
criminal records they would have to report on applications for a job,
a license or college financial aid, said lawyer Robert Campbell, who
challenged it.

"It was unfair and just wrong," Campbell said. "If somebody got caught
with a joint in the Kmart parking lot in Medina, they'd have to go to
jail, and they'd have to report the conviction to a prospective
employer. But if they were caught in the Wal-Mart parking lot just
across the street in Medina Township, they could pay their $100 fine
and go on with their lives."