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Court Backs Medina's Go-Directly-To-Jail Pot Law
Pubdate: Fri, 07 May 2004
Source: Plain Dealer, The (OH)
Copyright: 2004 The Plain Dealer
Contact: http://www.cleveland.com/plaindealer/
Details: http://www.mapinc.org/media/342
Author: Stephen Hudak, Plain Dealer Reporter
COURT BACKS MEDINA'S GO-DIRECTLY-TO-JAIL POT LAW
Medina- A decision Wednesday by the 9th Ohio District Court of Appeals
means Medina is again the worst place in the state to be caught with a
marijuana cigarette.
Defense lawyers vowed to appeal to the Ohio Supreme Court.
But Mayor Jane Leaver announced Thursday that city police would
"reimplement" the unusual ordinance, which carries a mandatory
three-day jail sentence.
The appeals court reversed Medina Municipal Judge Dale Chase, who had
declared the ordinance unconstitutional because it conflicted with
state law.
While the rest of the state considers possession of less than 100
grams of marijuana to be similar, in a legal sense, to jaywalking -
punishable by a $100 fine - Medina's ordinance classifies it as a
first-degree misdemeanor, the same category as domestic violence.
Offenders can face fines of up to $1,000 and are saddled with criminal
records they would have to report on their license and on job and
college financial aid applications.
Defense lawyer Ronald Spears, whose arguments persuaded Chase to void
the law last June, said the ordinance makes carrying a marijuana
cigarette in Medina a worse crime than possessing heroin, cocaine or
methamphetamine.
None of those drugs carry mandatory jail time.
The appeals court sided with Medina's argument that a city has the
right to adopt local laws to address local problems - including
marijuana possession.
If police follow through, Medina will spend $20,000 a year to feed and
jail people convicted under the marijuana law, defense lawyer Robert
Campbell said.
"It's a ridiculous waste of money," he said.
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