In the sad saga of the War on Drugs, police carry out countless raids on the homes of people who’ve committed victimless “crimes” of possessing substances deemed illegal by the State. So the rare times this injustice can be flung back in the face of authorities, it’s cause for celebration.
An Ohio medical cannabis patient was able to do just that by utilizing a provision in Ohio law called Affirmative Defense. According to Ohio Cannabis News , the man had just flown home from Colorado, and for some reason the TSA – that useless, rights-violating federal agency – tipped off local police on the suspicion that the man was doing something wrong.
By the next morning, local police had secured a warrant to raid the man’s home, but they were in for a surprise.
“The patient’s home was then raided, but authorities only discovered 5 grams of concentrate. The patient’s attorney arrived to explain that his client was within the bounds of Ohio law, as said patient has a qualifying condition and a doctor’s recommendation using the Ohio Patients Network Form that we have listed below.
The medication was then given back with an apology, along with immunity from further prosecution, related to this case.”
Ohio cops almost got their chance to throw this hardened criminal into a cage for having five grams of a plant concentrate, but they were no match for informed citizens utilizing a new legal defense.
On September 8, 2016, Ohio lawmakers extended what is known as Affirmative Defense to medical cannabis patients. This is a general term that allows for a person to be excused from criminal charges, such as a case where a person strikes and injures another in self-defense.
It is illegal in Ohio to possess cannabis or paraphernalia, but now, with the right paperwork, Ohio residents can