With medical marijuana laws being passed in several states, and legalization campaigns in others, it's natural to think "its just a pot ticket" when charged with possession of a small amount of marijuana for personal use. Under state law, simple possession of less than 100 grams of marijuana is a minor misdemeanor, similar to a payout traffic ticket, but it may be a serious mistake to treat it like a traffic ticket.
Diversion Options
You can often avoid a conviction by participating in a diversion or first offender program. This will keep the charge off of your permanent record and spare you the time and cost of trying to fight the charge at trial. To learn more about how it works, see Diversion and First Offender Programs.
Paying the Ticket
Paying out that possession ticket may carry consequences that will follow you for years, and impact your life far more than the small fine involved. In addition to the state law, many cities have passed their own, more restrictive, marijuana laws. In the city of Cincinnati, for example, possession is a 4th degree misdemeanor, which means it carries at least a potential for jail time.
Cincinnati also has a civil fine ordinance, which allows the city police to seize your car if they find marijuana in it--even a butt in the ashtray. They will hold it in the impound lot until you either pay a $500 fine, or post the same amount as bond while you contest the fine. You will also be charged towing and daily storage fees.
It's Still a Criminal Record
Pay that ticket, and your next criminal background check for employment or reference purposes will indicate a conviction for drug abuse. That is what your potential employer will see. You may be able to expunge the record at some point in time, if you have no other disqualifying convictions, but you will have to wait at least a year after paying the ticket before you can even request an expungement. Furthermore, even expunged offenses can be disclosed in some circumstances.
Student Scholarships and Financial Aid
Any drug conviction will suspend or revoke your right to receive financial aid for college from many government programs. Private scholarships can also be restricted to students who do not use or possess illegal drugs. Pay out a marijuana ticket, and you may find that your college education will be interrupted because you have lost your financial aid. These laws can change at any time, and your eligibility for other benfits and programs may be limited in the future because you have a drug conviction on your record.
Driver's License Suspension
If your drug related conviction is reported to the Bureau of Motor Vehicles, the state will suspend your driving privileges for 90 days. You may be able to get limited privileges for work or school, but you will have to file a motion and appear in court to apply for them. You will owe a reinstatement fee at the end of the suspension to get your license reinstated.
Gun Possession
Ohio law states that anyone with a conviction for drug use, possession or sale cannot legally own or possess a gun. So far, the courts that have considered this issue have agreed that a payout ticket for marijuana possession is a conviction under this law, and many police agencies are filing Possession of a Weapon While Under Disability charges if they find a gun in the possession of someone with such a record. This charge is a felony of the 3rd degree, and carries a potential prison term of 1-5 years. All firearms, including shotguns and hunting rifles, are included in this prohibition.
