Ohio Appeals Court OKs Mandatory Jail for Marijuana Possession May 12, 2004
News Summary
The Ninth Ohio District Court of Appeals has upheld a marijuana ordinance in Medina, Ohio, that calls for a mandatory three-day jail sentence for anyone caught with a marijuana cigarette, the Cleveland Plain Dealer reported May 7.The decision reverses a ruling made by Medina Municipal Judge Dale Chase, who said that the ordinance was unconstitutional because it conflicted with state law. Under state law, possession of less than 100 grams of marijuana is punishable by a $100 fine.
The Medina ordinance classifies marijuana possession as a first-degree misdemeanor, putting it in the same category as domestic violence. In passing the ordinance, the city said it has the right to enact local laws to address local problems.
Defense lawyer Ronald Spears said Medina's ordinance makes possession of a marijuana cigarette a bigger crime than possession of heroin, cocaine, or methamphetamine, which carry no mandatory jail time.
Spears said an appeal would be filed with the Ohio Supreme Court.
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