News (Media Awareness Project) - US OH: Medina Marijuana Law Upheld by Court |
Title: | US OH: Medina Marijuana Law Upheld by Court |
Published On: | 2004-05-07 |
Source: | Beacon Journal, The (OH) |
Fetched On: | 2008-01-18 10:35:47 |
MEDINA MARIJUANA LAW UPHELD BY COURT
AKRON - An appellate court Wednesday reversed a judge's ruling that
Medina's marijuana possession law is unconstitutional.
In a unanimous decision, the Ohio 9th District Court of Appeals sided
with Medina city prosecutors.
Kristen M. Szwec, Dana C. Coudret, Douglas W. Smith and Daniel R.
Flaherty were charged separately in 2001 and 2002 with drug abuse for
possessing less than 100 grams of marijuana, an offense that in Medina
carries a mandatory 3-day jail sentence.
Their attorneys argued that the city's ordinance "criminalizes conduct
that the Ohio Revised Code does not" and Medina Municipal Court Judge
Dale Chase agreed, dismissing the charges.
Ohio law considers such amounts a minor misdemeanor with no jail
time.
The appellate court ruled that Medina's law does not increase the
degree of the crime to a felony and does not conflict with state law.
AKRON - An appellate court Wednesday reversed a judge's ruling that
Medina's marijuana possession law is unconstitutional.
In a unanimous decision, the Ohio 9th District Court of Appeals sided
with Medina city prosecutors.
Kristen M. Szwec, Dana C. Coudret, Douglas W. Smith and Daniel R.
Flaherty were charged separately in 2001 and 2002 with drug abuse for
possessing less than 100 grams of marijuana, an offense that in Medina
carries a mandatory 3-day jail sentence.
Their attorneys argued that the city's ordinance "criminalizes conduct
that the Ohio Revised Code does not" and Medina Municipal Court Judge
Dale Chase agreed, dismissing the charges.
Ohio law considers such amounts a minor misdemeanor with no jail
time.
The appellate court ruled that Medina's law does not increase the
degree of the crime to a felony and does not conflict with state law.
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