Legal Question in Criminal Law in Ohio

Me and my girlfriend got pulled over for having no tail lights.

We HONESTLY did no know there was 1 gram of marijuwana in the passenger side door,

So when asked to search the vehicle I didn't have a problem, they found the bag in the passenger door and promptly said that my girlfriend would recieve a summons in the mail for possesion of marijuwana, okay I understand.

Today we BOTH recieved summuns for possession of marijuwana, AND possession of marijuwana parifanalia. There was no pipes, bongs, roaches, just empty packages of White Owl Cigarello's which the did no confiscate.

How can we both get both charges? How can we get parifanalia when they confiscated no parifanalia?


Asked on 1/18/12, 10:22 am

1 Answer from Attorneys
Martin Yavorcik Yavorcik Law Firm

Under Ohio law there are two types of possession: actual and constructive possession. An example of actual possession is when you have the item in your pocket/hand. Constructive possession is when you have access to and control over the item. So as a driver of a vehicle you would have constructive possession over the items in your center consul of the car, unless of course it was locked and you did not have the key. There are many ways to argue and fight these issues. I am certain that you are both charged under either one or both of these theories of possession. It is a hard case for the prosecution to prove. The paraphernalia charge likely stems from the rolling paper if it was a joint and/or could be the baggie it was stored in...that is a stretch in my mind.

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Answered on 1/20/12, 6:56 am


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