Since Ohio legalized adult-use marijuana, whether it’s in or out of the packaging doesn’t really matter, does it? It actually does make an important difference: whether you can be charged with a drug crime.
Marijuana stored inside a vehicle can become an important factor during a traffic stop. At McNamee Defense, our drug violation attorney often represents clients where a routine stop escalates into a drug investigation because marijuana was loose inside the vehicle, improperly stored, or otherwise drew the attention of law enforcement.
Under Ohio Revised Code § 3780, adults who are at least 21 years old may legally possess specified amounts of marijuana for personal use. However, legal possession does not mean law enforcement will ignore how cannabis is transported inside a vehicle.
Unlike some traffic laws, Ohio does not create a simple criminal offense solely for removing marijuana from its original dispensary packaging. Nevertheless, original packaging often serves as evidence that the marijuana was lawfully purchased from a licensed retailer and possessed within legal limits.
When marijuana is loose inside a vehicle, officers may begin asking additional questions regarding ownership, quantity, and intended use.
Many marijuana-related arrests begin with a traffic violation rather than a drug investigation. If marijuana is visible in the passenger compartment, contained in unmarked bags, or scattered throughout the vehicle, the officer may expand the investigation.
Law enforcement commonly focuses on:
How marijuana is transported may affect how prosecutors evaluate a case. For example, loose marijuana divided into multiple bags, combined with cash or other items, may cause law enforcement to suspect trafficking activity under Ohio Revised Code § 2925.03.
Likewise, quantities that exceed Ohio’s legal possession limits may result in possession allegations under Ohio Revised Code § 2925.11.
In some situations, officers may also investigate whether the driver is operating a vehicle while impaired. Ohio’s OVI statute, Ohio Revised Code § 4511.19, prohibits operating a vehicle under the influence of drugs, alcohol, or a combination of substances.
Keeping marijuana in its original dispensary packaging may help establish several important facts during a traffic stop. Original packaging can indicate:
What many drivers view as a harmless decision can attract unwanted attention during a traffic stop and potentially lead to criminal charges. If you have been charged with a marijuana-related offense in Ohio, our firm, McNamee Defense, can present you with your defense options.
Let’s talk about how we can help. Connect with McNamee Defense online or call (614) 782-8889.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.