Tag: marijuana

Marijuana Timeline (An Update)

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medical marijuana

Hello, this is Charlie with a medical marijuana update,

I’m reposting this information about Ohio’s Medical Marijuana Plan timeline. So many of you have asked me about it.  Below is the latest information we have so far.  If you have any questions, please feel free to call me at (937) 318-1DUI.

Marijuana Timeline

  • May 26, 2016
    • House Bill 523 Passage
  • September 6, 2016:
    • Effective Date of Bill
    • Affirmative Defense Begins
  • October 6, 2016
    • Appointment of Advisory Committee
  • November 6, 2016
    • Advisory Committee First Meeting
  • May 4, 2017
    • Dept. of Commerce Establishes Rules and Standards for Cultivation
  • September 6, 2017:
    • Dept. of Commerce Establishes Rules and Standards for Processing and Labs
    • Board of Pharmacy Establishes Rules and Standards for Dispensaries and Registration ID Cards
  • September 6, 2018
    • Program Fully Implemented
Take note of the date that you will be allowed to assert an affirmative defense based on the provisions of the act – September 6, 2016.  We will have more here later. Watch this space.
Full implementation will not take place until September 6, 2018.  We have yet to hear how local courts will treat people but expect strict enforcement  [Spoiler – you can expect a crackdown.]  Why? Because Ohio law enforcement will pick favorable courts to implement laws restricting the ability to drive after consumption. So, that is how most implementation has taken place. We expect the same plan here based on this comparison. Currently, Ohio law says that driving with a metabolite is driving under the influence of drugs (DUID).  Therefore, if this does not change, a person could conceivably consume legal marijuana and have possibly illegal metabolite in their body for weeks. We will stay up-to-date on all the changes and permutations of the plan as it is birthed into law. 
If you have a question about the marijuana laws or the implementation of the current law, please do not hesitate to contact Charles M. Rowland II, DaytonDUI at (937) 318-1384.

Ohio House Passes Medical Marijuana Bill

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For years, I have dedicated myself to ending the mistaken “War on Drugs” and treating addiction like a medical condition and not a crime. Today was a day I thought I would never see. The Ohio House of Representative passed a medical marijuana bill with support from both parties. This will give Ohio families much needed access to a medicine that has proven effective in other states.

drugged driving, marijuana

State by State Drugged Driving Laws

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Ohio has adopted one of the toughest and least popular marijuana impairment laws in the country. This post will provide an overview of how other states have dealt with the issue.

Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for alcohol-impaired driving, those that address drug-impaired driving are nuanced, difficult to enforce and prosecute and vary substantially by state. In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving: More info

Miami Valley NORML

Thanks Miami Valley NORML

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On May 16th, I was honored to speak to Miami Valley NORML about how to properly handle a police interaction.  I was also able to pledge the continued support of myself and my office in helping to end the scourge of drug war arrests and make marijuana legal in Ohio. I have devoted most of my professional life to ending the failed War on Drugs.  The speech focused on many ways to know and exercise your rights.

This may be the year that Ohio joins other states in re-legalizing marijuana. Miami Valley NORML is an indispensable partner in making this happen. If you would like to help, contact MVNORML at 937-TOP-HEMP ( 937-867-4367).

If you are arrested on suspicion of drugged driving, contact Miami Valley NORML attorney Charles M. Rowland II today!

Ohio DUI Law: Is Smell of Marijuana Sufficient?

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Marijuana Is the odor of enough to justify a police search or arrest and can an officer make a valid determination based on just a smell?

marijuanaA peer-reviewed journal article, entitled “Marijuana Odor Perception: Studies Modeled From Probable Cause Cases”, published in Law and Human Behavior, (Vol. 28, No. 2, April 2004) explains that “The present findings throw into question, in two specific instances, the validity of observations made by law enforcement officers using the sense of smell to discern the presence of the drug.
Although these instances reflect a very small set of studies with very specific constraints, they do suggest that a blanket acceptance of testimony based upon reported detection of odors for probable cause is questionable and that empirical data to support or refute such testimony in specific cases is sorely needed.”

There is a saying that “even a stopped watch is right twice a day,” so if officers claim that they “smell marijuana” and then find nothing, the driver, passenger or pedestrian is often sent on their way. We rarely hear about all of the “false positives” of the police “smell test.” But there is growing evidence that police often simply say that they have detected the smell of marijuana, and if some is found, it is merely a happy coincidence for them.

So what can you do if a cop tells you they suspect that you are using marijuana based on an odor?  Unfortunately, courts have ruled time and time again that this unscientific measure is valid to provide the officer in question with “probable cause.” But your best bet is still to say that while you have nothing to hide, you do not consent to any searches of your person or vehicle.

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 email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on Ohio Marijuana Driving Law, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Springboro, Oakwood, Beavercreek, Centerville