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Ohio Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Ohio on
Q: Can I report our neighbors weed smoking just based on smell?

We live in a duplex in the upstairs apt, either our downstairs neighbor or their constant guests smoke weed. The smell is very distinct and foul and illegal in Ohio. From what I've read, even medical use prohibits smoking it or cultivating. The smell invades our stairway almost daily and... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

The landlord is required to evict anyone they reasonably suspect of using a controlled substance, including marijuana. If you put them on written notice of this, and they fail to do anything about it within 30 days you can either 1) terminate your lease, 2) sue for damages or 3) escrow your rent... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was charged with an M-4 for a marijuana pipe in 2006.

The charge is now preventing me from getting my ccw in Ohio and I feel like it’s ridiculous to not be able to do so based on a charge from 14 years ago when I was a stupid kid.

Matthew Williams
Matthew Williams answered on Nov 18, 2020

Many sheriffs will not issue a CCW permit until you seal minor convictions like this. You can apply to the court to have the record sealed and the it likely won’t be an issue anymore.

1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: I was pulled over and my weed pipe was found but no ticket was issued

My headlight was out and i got pulled over had to reach into my glove box to get my papers and my pipe was in there the officer smelled it and took it but never gave me a ticket but now i have to appear for court this don't seem legal

Matthew Williams
Matthew Williams answered on Nov 5, 2020

They don't have to issue a ticket right away. They can send you a summons and complaint later. This often happens in paraphernalia cases because they send the substance in for lab testing before charging someone. You should get a lawyer.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Ohio on
Q: I was recently arrested for OWI in Ohio, does that mean my license is suspended?
Brian Joslyn
Brian Joslyn answered on Sep 9, 2020

In the state of Ohio, your license is automatically suspended if you refused OVI testing or had a BAC reading of .08 or above. So, if you were arrested for OVI you should expect to receive notification relatively soon of your upcoming suspension. You do have 30 days after the initial appearance for... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Ohio on
Q: I am the owner of a duplex with a no smoking rule in our lease. I have a new tenant that is smoking marijuana and the

smell in throughout the entire building bothering the other tenant. The 1st time, I tried to work with tenant but she denies any smoking. We continue to receive complaints from the other tenant. Do we have grounds for eviction?

Matthew Williams
Matthew Williams answered on May 22, 2020

Yes, the use of illegal drugs on the premises and the violation of the lease both allow you to evict.

1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: I have a criminal record but I haven't been in trouble in over 10 years my children live with their maternal grandmother

They want to live with me can I still get custody even though I smoke Weed

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 16, 2020

Now is an excellent time for you to get a medical marijuana card. There are a variety of physicians out there who can get you one, and if you are using marijuana for medical purposes then that cannot be used as the sole reason to deny you custody. R.C. 3796.24 (2 - 3). Let me know if you'd... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Ohio on
Q: What can I do to fight a class 5 felony in Ohio? Police found less than a gram of meth amphetamine in my trunk.

I am from PA but was driving through Ohio. I stopped at a gas station and while pumping gas I found a strange package. I was unsure of what it was but my curiosity took over and i grabbed it, throwing it in the trunk of my car.

I was already driving with marijuana and marijuana... Read more »

Matthew Williams
Matthew Williams answered on Jan 17, 2020

You should hire an attorney. There are several problems with your defense. First, ownership is not the issue. Possession is. Second, just because you're clean also doesn't mean your not guilty of the possession charge. It is illegal to possess these drugs whether you use them or not.... Read more »

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