cannabisnews.com: Medina Drug Law Tossed Out 





Medina Drug Law Tossed Out 
Posted by CN Staff on June 18, 2003 at 07:59:08 PT
By Olivia Rasul, Staff Writer
Source: Medina Gazette 
Medina — A motion filed two years ago has resulted in Medina's possession of marijuana law being declared unconstitutional. Municipal Judge Dale Chase ruled this week the city's 14-year-old drug ordinance is in conflict with state law.By the time Chase issued his ruling Wednesday, seven pending cases were affected. Those drug charges will be dismissed, the judge said. Under the state statute, possessing less than 100 grams of marijuana is a minor misdemeanor and calls for a $100 fine. 
A minor misdemeanor does not constitute a criminal conviction and does not appear on a person's record.Passed in 1989, the city's ordinance increased the offense level to a first-degree misdemeanor. It also mandated a minimum mandatory three-day jail sentence.Municipalities like Medina have the authority to adopt and enforce laws that are not in conflict with state laws.When Medina City Council passed the ordinance, it changed the level or degree of offense and created an incarceration penalty. That violated the Ohio Constitution, Chase wrote in his judgment entry.Lawyers Robert Campbell and Ronald Scott Spears, who represented two of the defendants whose marijuana drug charges now will be dismissed, challenged the constitutionality of the city's drug ordinance.It had been challenged before but not successfully.After Campbell and Spears filed their motions, other lawyers followed suit.In his brief, Campbell wrote: "Such a ruling does not make us ‘soft on crime,' it makes us strong on the law."Campbell said he and Spears are pleased the judge ruled in their favor, adding this not only affected the pending cases, but everyone else who might have been charged with the offense in the future.The city's ordinance, he said, made Medina an island for harsher punishment. Across the street in Medina Township, a person could have the same amount of marijuana but only be charged with a minor misdemeanor, which does not carry a jail penalty.The location of the offense should not constitute the punishment, Campbell said."We're not talking about drug traffickers here," said Campbell, referring to his client who was charged with having 1.6 grams of marijuana.Medina Prosecutors Sharlene Zee and Joe Salzgeber have said they intend to file an appeal.In the past, the 9th District Court of Appeals has upheld the city ordinance.Salzgeber maintains the ordinance does not conflict with state statute. The judge's decision goes against case law in Ohio, he asserted.There are other cities in Northeast Ohio that have similar ordinances, including Euclid, Mentor and Alliance, Salzgeber pointed out.In Wadsworth, an ordinance classifies the drug offense as a misdemeanor but does not carry a mandatory jail sentence. Judge Stephen B. McIlvaine has the discretion to impose the maximum punishment of 180 days in jail and/or a $1,000 fine.No motions are pending in Wadsworth challenging that ordinance.Source: Medina Gazette (OH)Author: Olivia Rasul, Staff WriterPublished: June 13, 2003Copyright: 2003 The Medina GazetteContact: opinion ohio.net Website: http://www.medina-gazette.com/Related Article & Web Site:Ohio Cannabis Societyhttp://www.ohiocannabis.org/Judge Throws Out Medina's Pot-Possession Law http://cannabisnews.com/news/thread16612.shtmlCannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml 
Home Comment Email Register Recent Comments Help




Post Comment