Yesterday I represented a criminal defendant charged with possession of marijuana in Hamilton County, Ohio. While I cannot be certain without a thorough research of all marijuana cases in Cincinnati, I believe that was the first case that the City of Cincinnati agreed to dismiss a case for possession of marijuana in Hamilton County. As has been widely publicized, the City of Cincinnati has passed city-wide legislation to decriminalize possession of marijuana for personal use.
My client, who will remain nameless to protect his identity, was charged with possession of marijuana, being less than 100 grams. (Expungement will be forthcoming). The actual amount was less than 14 grams,clearly a “personal use” amount and there was no other indicia of trafficking or other illegal activity.
The defendant was smoking inside of his car when the officer approached. He was polite, admitted to smoking and allowed search of the vehicle. While not certain, having practiced criminal defense for 25 years, I am confident that the defendant’s compliance and attitude toward the officer helped in the resolution of the case.
This Defendant’s case has been pending for awhile, and was scheduled for trial on August 15, 2019. Counsel for the Defendant had been scheduling the matter to try to have the trial scheduled after City counsel could consider and vote on the proposal to decriminalize possession.
Warning: possession of marijuana remains a state crime ion both Ohio and Kentucky, as well as a federal crime. The decriminalization in Cincinnati is a city counsel ordinance and may only be available as a choice by city prosecutors. Additionally, other crimes such as possession of drug paraphernalia may or may not be prosecuted.
If you have been charged with any crime, contact an attorney to protect your rights. In Northern Kentucky and Cincinnati, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email firstname.lastname@example.org.