Recent law changes penalties for drug possession

Written by: Jack Kopanski, Nya Coleman and Taras Ustrytskyy

Even though some states are legalizing marijuana, the charges for possession in Ohio are still more severe than the charges for drunk driving.

Any drug possession and/or distribution may result in a driver’s license suspension ranging from six months to five years.  A first time DWI (Driving While Intoxicated) has a driver’s license suspension of only six months to three years. Depending on the severity of the charge for possession or distribution, penalties may include no jail and a $150 fine or up to eight years of jail time and $20,000 in fines.

A drug possession charge also stays on your record forever, unless a 3-day diversion program is completed. However, if the program is not completed, the charge stays on the record.

Portage County Municipal Court Judge Kevin Poland has given many verdicts on marijuana, OVI (Operating a Vehicle while under the Influence) and DWI cases.

“The OVI is obviously, operating a vehicle under the influence, so you’re already operating a motor vehicle, which is the nexus behind the suspension of a driver’s license. The argument, as far as marijuana defense is, if I am walking down the street, and I am charged with possession of marijuana, why should I lose my license because it has nothing to do with a motor vehicle,” Poland said. “However, there was a policy made in the legislature at some point in the past, that it did not matter, the objective was a deterrence from smoking marijuana. So the rationale was that they would hammer somebody over the head with their driver’s license with the goal of deterring someone from smoking marijuana, to begin with,” he added.

People are struggling to understand why their driver’s license is taken if they have the possession of marijuana but not in a motor vehicle.

Tim Smith is a professor emeritus from Kent State University’s School of Journalism and Mass Communication and also a former Portage County public defender and has taken on cases where defendants got their licenses stripped.

“Although, driving privileges are common; for work, for school, for medical reasons, so that although your driving is circumscribed, it’s not prohibited totally,” Smith said. “For some drug cases, you can get a license suspension that can be imposed.”

A new law took effect in Ohio in September that will allow only certain drug offenses to be punishable by license suspension. Previously, the law was an automatic six-month license suspension for possession or distribution of marijuana even if the possession wasn’t in a vehicle. On June 13, Ohio Governor John Kasich signed Senate Bill 204 that would leave license suspension up to the discretion of the judge rather than mandatory.

Judge Poland doesn’t always agree with the law but he upholds it because it is his job. There are other punishments that he would rather use than taking a license from a defendant.

“The mandatory penalties, are not penalties that I believe should be imposed. My reading of the law says that if you are convicted of a minor misdemeanor possession of marijuana, you are ineligible for student loans. Period. It has nothing to do with my desire’s or my wishes. That’s my understanding of the way it is imposed. So it doesn’t have any to do with how I believe it should or should not be administered, I believe that’s the way it is administered,” Judge Poland said.

He also added that it is incredibly difficult to keep up with the ever-changing legislature, which is expected to change yet again this coming April. Whether the new change will affect the severity of punishments for possession of marijuana is unknown.