Legal Question in Criminal Law in Ohio

Drug parafanalia

What is the penalty that can be assessed if you were pulled over on a normal traffic stop, in a friends car and they found a bowl (the kind used to smoke pot) under the seat? No drugs were found, just the bowl and it's not your car?


Asked on 1/25/07, 2:54 pm

2 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Drug parafanalia

The charge would be possession of drug paraphernalia. In most jurisdictions, that would be a fourth degree misdemeanor. The maximum punishment for a fourth degree misdemeanor is 30 days in jail and a fine of up to $250.00.

Whether or not you can be convicted, based on the evidence you describe, is another matter. Most statutes or ordinances which prohibit possession of drug paraphernalia require proof that the defendant "knowingly" possessed the item. If it was hidden under the seat and it was a borrowed car, one may argue that you did not even know that it was in the car.

"Possession" can be actual or constructive, so the fact that it was under the seat (and not in your pocket) is not important as it relates to the question of "possession" but it is important as it relates to the question of "knowing" conduct.

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Answered on 1/25/07, 3:03 pm
Joseph Jacobs Jacobs & Lowder

Re: Drug parafanalia

If you are found guilty, the penalty could be 30 days in jail and a 6 month driver's license suspension. Since by your statement, you seem to be saying that this was not yours, then you have to get a lawyer, either paid by you or appointed by the court to get you out of this. Just dont try to do this yourself. You should be alright, just get help.

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Answered on 1/25/07, 4:19 pm


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