Westerville Marijuana Drug Abuse, Possession & Paraphernalia Defense Attorney
Our Westerville drug abuse / paraphernalia attorneys regularly defend clients in the Westerville Mayor’s Court defending misdemeanor drug abuse and paraphernalia charges.
In most cases, if the Westerville police find marijuana and/or drug paraphernalia, you will be charged under a combination of the following charges in the Westerville City Code in the Westerville Mayor’s Court:
Westerville City Code 527.03 DRUG ABUSE.
Westerville’s drug abuse law states that “[n]o person shall knowingly obtain, possess or use a controlled substance.” The statute specifically excludes possession of a controlled substance that was prescribed by a licensed health professional.
The drug abuse statute has a specific provision outlining the penalties for marijuana possession. Under Section 527.03(c)(3), the penalties for marijuana possession under the Westerville drug abuse statute are:
-
If less than 100 grams, the charge is a minor misdemeanor ($150 maximum fine)
-
If 100-200 grams, the charge is a fourth degree misdemeanor ($250 maximum fine, 30 days maximum jail)
-
For ANY amount of marijuana, the court may suspend the offender’s driver’s license for six months to five years.
-
If the offender has a professional license (law degree, medical license, nursing license, etc), the court must notify the appropriate agency of any drug abuse conviction pursuant to R.C. 2925.38.
Westerville City Code Section 527.12: POSSESSION OF DRUG PARAPHERNALIA
Westerville’s drug paraphernalia law states: “No person shall knowingly use, or possess with purpose to use, drug paraphernalia.”
Unlike the marijuana possession law above, a Westerville drug paraphernalia charge — for ANY drug paraphernalia — is a fourth degree misdemeanor. This means that penalties for a conviction of drug paraphernalia in Westerville include:
-
A maximum fine of $250,
-
Up to 30 days in jail,
-
A driver’s license suspension of 6 months to 5 years,
-
The conviction will be reported on any criminal background check for future employers.
“Drug paraphernalia” is defined as “any equipment, product or material of any kind that is used by the offender, intended by the offender for use or designed for use, in * * * storing, containing, concealing, * * * ingesting, inhaling or otherwise introducing into the human body, a controlled substance.”
Drug paraphernalia includes, for example:
-
A scale or balance for weighing or measuring a controlled substance
-
A container or device for storing or concealing a controlled substance
-
Any instrument ingesting or inhaling marijuana, such as:
-
a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe,
-
Water pipe,
-
Roach clip or similar object used to hold burning material,
-
Bong, etc.
-
DEFENSES TO DRUG CHARGES IN WESTERVILLE MAYOR’S COURT
Our Westerville marijuana attorneys examine the facts, police report and any other evidence in every case to develop a defense strategy. This may include, for example, determining whether the initial stop and search were proper or whether any of our client’s constitutional rights were violated during the police encounter.
Our attorneys work toward the goal of minimizing or eliminating the possibility of jail time, and doing everything we can to avoid a driver’s license suspension and to avoid a drug charge on our client’s record.
Reach out to Mr. Riddell today for a FREE Westerville drug possession / paraphernalia case consultation. Simply call (614) 361-2804.
