Posts Tagged ‘Health’

Possession of a Controlled Substance: Drug Possession Laws

March 3rd, 2014

drug possession

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11.  As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered  “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a conviction on a person’s record can have far-reaching effects when it comes to job prospects and housing. Possession of marijuana is still a very serious charge in Ohio despite the national movements to legalize and/or decriminalize marijuana possession.  In fact, we have seen a dramatic increase in drug possession enforcement by the Ohio State Highway Patrol.

Under R.C. 3719.41, controlled substances in Ohio are classified into five schedules, ranging from the most serious drugs with the harshest penalties to the least serious drugs with the least harsh penalties.  Many are surprised to learn that marijuana is considered as a Schedule I (the highest) drug.  As such, drug possession involving marijuana is a very serious offense.

  • Schedule I – These substances have a high potential for abuse by users and no known or accepted medical use in the United States. Some examples of controlled substances in this category are marijuana, mescaline, morphine, peyote and psilocyn.
  • Schedule II – These substances have a high potential for abuse, but may have limited accepted medical use in the United States. Examples in this category include codeine, methadone and GHB.
  • Schedule III – These substances have some potential for abuse and accepted medical uses in the United States. Controlled substances in this schedule include anabolic steroids, ketamine and barbituric acid.
  • Schedule IV – These substances have a lower potential for abuse than Schedule III drugs and have known medical uses in the United States. Common examples in this schedule can include Xanax, Valium and the generic versions of these types of drugs.
  • Schedule V – Substances in this schedule have the least likelihood for abuse and are commonly used for medical treatment in the United States. Examples in this schedule can include medications with small amounts of narcotics.

Possessing an illegal drug in Ohio is punishable as a state offense, federal offense or both. Controlled substances or drugs can include medications with a prescription, medications without a prescription, street drugs, illegal drugs, natural substances and chemicals.  Because “drug possession” is a required element of the offense, if the prosecution is unable to prove the alleged offender had either actual or constructive possession of the controlled substance, they will most likely be unable to convict the offender.

The analysis of a drug possession investigation is very similar to the approach we take to an impaired driving case.  What that means is that we deconstruct each and every decision that the officer makes.  Was there proper justification for the traffic stop? Did the officer have reasonable and articulable suspicion to continue the detention to conduct a drug investigation?  Did the officer conduct an illegal search of your person and/or vehicle? Did the officer’s actions, based on a totality of the circumstances, establish probable cause for a drug possession arrest?  Was the evidence handled or tested properly?  Can the government establish a proper chain of custody for the evidence?  Our mission is to get your case thrown out! We act aggressively to keep you out of jail, keep your fines low and protect your freedom.

We have a great track record of defending drug trafficking, distribution, possession and other drug charges.  We know how to seek treatment in lieu of conviction and how to minimize penalties. We also have a track record consistent with fighting these charges.  For the past five years we have been the chosen team to represent Miami Valley N.O.R.M.L.  We speak, we advocate and we defend.

If you are facing a drug possession charge in the Miami Valley, call Charles M. Rowland II for a free consultation at (937) 318-1384.  If you need assistance after hours, please call the 24-7 Hotline at (937) 776-2671.




Does Alcohol Consumption Kill Brain Cells?

August 27th, 2013

alcohol brainIt has become a common belief that alcohol consumption kills brain cells, but is that true?

Much of the anti-alcohol rhetoric comes from the prohibition era.  The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13.  While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain.  Fortunately, nothing could be further from the truth.

Scientific medical research has actually demonstrated that the moderate consumption of alcohol is associated with better cognitive (thinking and reasoning) skills and memory than is abstaining from alcohol. Moderate drinking doesn’t kill brain cells but helps the brain function better into old age. Studies around the world involving many thousands of people report this finding.  See, for example, Antilla, Tiia, et al. Alcohol drinking in middle age and subsequent risk of mild cognitive impairment and dementia in old age: a prospective population based study. British Medical Journal, 2004, 329, 538-539; Harrison, P.G. Moderate Drinking Helps Preserve Women’s Brains. Reuters Health, June 15, 2001; McDougall, Graham. Older Women’s Cognitive and Affective Response to Moderate Drinking. Presented at the meetings of the National Congress on the State of Science in Nursing Research. Washington, D.C., October 7-8,2004; University of Texas at Austin. Moderate drinking in older adult women has positive influence on memory. News release, October 3,2004; Matthews, Robert. Alcohol sharpens your brain, say researchers. The Telegraph(UK), August 1, 2004; Galanis, D. J., et al. A longitudinal study of drinking and cofgnitive performance in elderly Japanese American men: The Honolulu-Asia Aging Study.American Journal of Public Health, 2000, 90, 1254-1259; Elias, P.K., et al. Alcohol consumption and cognitive performance in the Framingham Heart Study. American Journal of Epidemiology, 1999, 150(6), 580-589. Bates, M.E., and Tracy, J.I. Cognitive functioning in young “social drinkers”: Is there impairment to detect? Journal of Abnormal Psychology, 1990, 99, 242-249.

Older people who drink in moderation generally suffer less mental decline than do abstainers, another study finds. Ganguli, M., et al. Alcohol consumption and cognitive function in late life: A longitudinal community study. Neurology, 2005, 65, 1210-12-17.  Moderate alcohol consumption protects older persons from the development of cognitive impairment.  Zuccala, G. , et al. Dose-related impact of alcohol consumption on cognitive function in advanced age: Results of a multicenter study. Alcoholism: Clinical and Experimental Research, 2001, 25, 1743-174.  A study reported at the annual Congress of Epidemiology in Toronto found moderate consumption of alcohol to be associated with superior mental function among older women compared to abstainers. Harrison, P.G. Moderate Drinking Helps Preserve Women’s Brains. Reuters Health, June 15, 2001. See also Reuters, Associated Press, ABCNEWS, and HealthSCOUT of same date.  Women who consume alcohol moderately on a daily basis are about 20% less likely than abstainers to experience poor memory and decreased thinking abilities, according to recent research.Stampfer, M.J., et al. Effects of moderate alcohol consumption on cognitive function in women. New England Journal of Medicine, 2005, 352, 245-253; Heslam, Jessica. Women age better with a fine wine: Study: Alcohol helps memory. Boston Herald, January 20, 2005; Stein, Rob. Study: Moderate drinking good for cognitive health. Washington Post, January 20, 2005.

Of course, long-term heavy consumption can lead to problems.  Alcohol has a severe dehydrating effect on the body. In extreme cases the body may become so dehydrated that permanent damage is caused to the brain. This is one effect of a condition known as alcohol poisoning.  Alcohol-related brain damage is also used to encompass several medical conditions related to alcohol consumption. These include alcohol-related dementia and Wernicke-Korsakoff syndrome.  Wernicke-Korsakoff syndrome is caused by a deficiency in thiamine, also known as vitamin B1. This deficiency is common to many alcoholics – up to 80%.  Alcohol consumption has been associated with mental health problems, such as anxietyor depression.  Moreover, more serious mental health problems, such as psychosis, can be caused by “extreme levels of drinking.”

Some studies suggest that alcohol consumption does not kill brain cells, but it can damage them. It damages the dendrites of neurons which bring information to the cell body.  The damage results in problems relaying information between the brain cells.  Not surprisingly, the damage particularly affects the cerebellum, which is the part of the brain concerned with learning and motor coordination.    Research on rats suggests that the damage caused by binge drinking can be temporary.  During simulated alcohol “binges,” rats’ ability to create new brain cells was reduced. But after the animals no longer consumed alcohol they had a “huge burst” in new brain cell development. The study is the first to demonstrate that brain cell production can return after abstinence from alcohol abuse. Nixon, K. and Crews, F. The Journal of Neuroscience, Oct. 27, 2004; vol 24: pp 9714-9722.  But even in such extreme cases, there’s a lack of evidence that alcohol kills brain cells.

Ohio DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find city-specific Ohio DUI information or alcohol treatment, please follow these links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

20 Golden Rules from Ohio Lawyers Assistance Program

January 11th, 2013


1. Behave yourself.

2. Answer the phone.

3. Return your phone calls.

4. Pay your bills.

5. Keep your hands off your clients’ money.

6. Tell the truth.

7. Admit ignorance.

8. Be honorable.

9. Defend the honor of your fellow attorneys.

10. Be gracious and thoughtful.

11. Value the time of your fellow attorneys.

12. Give straight answers.

13. Avoid the need to go to court.

14. Think first.

15. Remember: You are first a professional and then a businessman. If you seek riches, become a businessman and hire an attorney.

16. Remember: There is no such thing as billing 3,000 hours a year.

17. Tell your clients how to behave. If they can’t they don’t deserve you as their attorney.

18. Solve problems – don’t become one.

19. Have ideals you believe in

20. Don’t do anything you wouldn’t be proud to tell your mother about.

The Ohio Lawyers Assistance Program is a private, non-profit 501(c)(3) organization dedicated to helping Ohio’s judges, attorneys, and law students obtain treatment for substance abuse, chemical dependency, addiction, and mental health issues. OLAP has existed since 1991 and is active across the state of Ohio.  You can find this clever list, and information on substance abuse treatment for lawyers at  The list is attributed to Richard S. Masington, Esq. Miami.

DUI Science: Are Gastric Bypass Patients More Susceptible to a DUI?

July 24th, 2012

English: Courtesy of Ethicon Endosurgery, Inc....

According to the results of a new study in the February issue of the Journal of the American College of Surgeons, the dramatic changes that occur as a result of gastric bypass surgery can cause some people to overindulge when using alcohol thereby increasing their risk for a DUI. As cited at by Science Daily (linked HERE):

Studies have shown that gastric bypass patients often find it difficult adjusting to physical and psychological changes after the procedure. An increased risk of depression, alcoholism, and other substance abuse issues for this patient population led researchers to take a more in-depth look at how these patients metabolize alcohol after the procedure.  The results of this unique demonstration of alcohol metabolism changes in gastric bypass patients showed that patients who underwent a Roux-en-Y gastric bypass (RYGB) operation had considerably higher breath alcohol content (BAC) and took significantly more time to return to a sober state after drinking, compared with BAC levels tested prior to having their procedure.

The studies demonstrated that peak BAC after drinking five ounces of alcohol were greatly increased after the operation. “BAC was 0.024 percent at pre-operation and 0.059 percent (p = 0.0003) at three months. Tested again at six months post-operation, the patients’ BAC was 0.088 percent (p = 0.0008) which is more than the legal driving limit of .08 percent.” Id. Obviously, if a person who has had gastric bypass (also called bariatric surgery) decides to drink they should take their body changes into account prior to finding themselves in a position where they drive an automobile.

Understanding the science implicated by bariatric surgery in a DUI case would make for a challenging and interesting case involving forensic toxicology, retrograde extrapolation and other potential scientific defenses.  Charles M. Rowland II is Ohio’s only Forensic Sobriety Assessment certified attorney and has experience trying cases involving forensic issues.  Ohio DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,  You can also email Charles Rowland at: or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Ohio Controlled Substances Act, Drug Schedules

January 31st, 2012

If you get arrested for possession of a controlled substance, it feels like your world is falling apart.  If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen.  The first and most important decision you can make at this point is to hire an experienced and competent defender.  Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor.  Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at trial.  CONTACT him here!

Some of your questions may stem from charges which reference “drug schedules” and “bulk amounts.”  The United States government classifies drugs by “schedule”. This classification system is used to determine the seriousness of your offense and the potential sentence you may be facing. Ohio adopted these schedules in O.R.C. 2925.11.

Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, GHB, and ecstasy.

Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.

Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.

Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.

Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.

How you are charged depends mostly on what controlled substance the government is alleged you possessed.  Ohio drug laws are amazingly complex and you should consult with an attorney about the facts of your case and the specifics of the allegations against you. CAVEAT: Drug laws are complex and change frequently, please talk to an attorney about your case.

Ciminal Defense Attorney Charles M. Rowland II dedicates his practice to defending the accused in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI.”