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Attorney Jeremy Levy

Criminal Defense, DUI, Divorce Family Law,Personal Injury and Civil Litigation legal services in Toledo & Northwest Ohio. For a free initial consultation Call Me (419)243-8989.

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The State of Cannabis Laws for the Toledo Resident

The Toledo cannabis consumer must be aware of the laws; Federal, State, and Local.

After Toledo Residents voted to lower the cannabis possession penalty to the City’s lowest penalty, there has been much confusion as to the state of the law.  In reality, the cannabis consumer/possessor must be concerned with Federal, State, and Local law.

Under Federal Law, a consumer/possessor can be charged under strict, outdated laws.  The CSA carries a penalty of $1000 fine and 1 year in prison.  To be charged under Federal law would be rare, however, it is possible.

Ohio’s cannabis law has been somewhat decriminalized.  However, possession up to 100 grams still tarnishes an offender’s record, although it’s only a minor misdemeanor, or a civil citation.  Chances are any illegal cannabis possession will be charged under Ohio Law.  Also, paraphernalia is a 4th degree misdemeanor carrying a maximum penalty of 30 days in jail and $250 fine.

In terms of the Toledo City Law, the passed Ordinance would still be the best.  In terms of being charged under the City Code, the best chance of this happens when being pulled over by friendly local police officers.  This does not mean, that if stopped in the City of Toledo you could not be charged under the state’s more restrictive statute.

In reality, the State law would and could take precedence if either the police or prosecution want to strictly enforce it.

In conclusion, a cannabis consumer/possessor is still subjected to the strict CSA, in any part of the country.  However, with local law and state law more often applied, chances are that a charge would be brought under them.  Therefore, in Ohio, up to 100 grams (3oz.) are considered “personal” will get you a court date and record, and fines, but no jail time.