is cbd oil legal ohio

Short Answer: Yes, CDB oil is legal in Ohio.  Long Answer: For CBD oil to be legal in Ohio, It must come from a legal source of CBD.  The federal government exempted industrial hemp from its definition of marijuana in the 2018 Farm Bill. Therefore, CBD oil made by a hemp manufacturer licensed in a state with an approved regulatory program is legal. However, the federal government has not yet approved the use of CBD in any dietary supplement or food. The Ohio legislature created its legal hemp program in 2019. As part of the program, Ohio legalized CBD and cosmetics, personal care products, dietary supplements, and food made from hemp.  Under either rule, “hemp” means the plant Cannabis sativa L (cannabis) that tests below a 0.3% total delta-9 tetrahydrocannabinol (THC) concentration. THC is the psychoactive compound found in the cannabis plant. If the plant tests higher than 0.3% THC, it is marijuana. Marijuana remains a Schedule I drug under federal and state law.  The Ohio Bureau of Criminal Investigation’s crime labs can test and distinguish between hemp and marijuana. Private labs can also distinguish between legal and illegal plants and products. If you’ve been arrested with CBD oil in Ohio, don’t hesitate to contact us at Gounaris Abboud, LPA. Our experienced criminal defense attorneys understand the legal distinctions and can help you fight any criminal charges you may face. What Is CBD Oil? “Cannabidiol,” known as CBD, is one of many chemical compounds (called phytocannabinoids) found in the cannabis plant. Both THC and CBD naturally occur in the cannabis plant. Licensed hemp farmers use varieties of the cannabis plant that will develop up to 40% CBD and less than 0.03% THC. Unlike THC, CBD is non-intoxicating.  To make CBD oil, the manufacturer extracts the CBD from the cannabis flower using a mechanical or solvent-based extraction process, similar to making essential oils. Then the manufacturer adds the CBD extract to a carrier oil, such as grapeseed or hempseed oil. Before a store can sell CBD oil, the manufacturer must test it for both CBD and THC concentrations. Additionally, if sold in Ohio, it must meet Ohio’s food safety standards. Is CBD Oil Legal Under Federal Law? Since 1970, the federal government has outlawed possession of marijuana. The federal Controlled Substances Act (CSA) defines marijuana as all parts of the cannabis plant, whether growing or not. The Act placed it in the most restrictive class, Schedule I. According to the CSA, Schedule I drugs have a “high potential for abuse” and “no currently accepted medical use.” Starting in 2014, Congress decided to exclude “hemp” from the definition of marijuana. With the 2018 Farm Bill, it created a national industrial hemp program. Under the Bill, State Departments of Agriculture could create their own hemp regulations to submit for federal approval or follow a USDA-created plan. Hemp grown under an approved program by a licensed farmer became legal. However, cannabis plants that contain more than a trace amount (0.03%) of THC and products made from them remain Schedule I drugs.  In addition, the Bill gave the FDA authority over hemp and CBD products. The FDA regulates the safety of food and drugs sold in the U.S. To date, the FDA has approved only one CBD product, a prescription drug Epidiolex used for rare, severe disorders. CBD Oil Is Not Illegal in Ohio: Senate Bill 57 In 2018, the Ohio governor approved a bill (SB 57) to decriminalize hemp and license hemp cultivation. SB 57 made it legal to possess and use hemp products containing less than 0.3% THC in Ohio. This includes CBD oil. In addition, SB 57 legalized sales of CBD oil in stores outside of medical marijuana dispensaries. Finally, the law requires labels on hemp products that say they contain less than 0.03% THC. Initially, the Ohio attorney general stopped prosecuting marijuana cases. The state’s crime labs could not tell the difference between the newly legal hemp and illegal marijuana. SB 57 allocated $968,000 to the attorney general’s office to develop testing. Within a year, the Bureau of Criminal Investigation finished creating its testing protocol, and prosecutions resumed. Despite the lab’s capabilities, they commonly experience testing delays, putting off prosecution for months or even years. Were You Arrested With CBD Oil in Ohio? Police officers cannot tell the difference between hemp and marijuana by sight alone. They are legally allowed to search for marijuana if they smell or observe what they think is marijuana. They can arrest you if they have probable cause to believe that you possess illegal marijuana. Unless your CBD oil is correctly labeled under Ohio’s hemp laws or you have proof of being a medical marijuana patient, the only way to prove your compliance with the law is through laboratory testing. If you’ve been arrested for possessing CBD oil in Ohio, we can help. When you contact our firm, an experienced drug crime defense attorney will help you navigate through the legal system. Our firm has achieved dismissals and penalty reductions for hundreds of people. Together, our award-winning attorneys have over 50 years of experience to use in your defense. Our clients have called us trustworthy, empathetic, honest, and supportive, and we’ll be there for you throughout the legal process. Contact us today for a free case analysis at 937-222-1515.

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failure to appear in court

Make Sure You Appear in Court If You Want to Avoid Additional Consequences Woody Allen allegedly said that 90% of life is just showing up. Judges in Ohio traffic courts require 100% attendance—showing up 9 out 10 times won’t cut it. You could be in a lot of trouble if you miss your speeding ticket court appearance. Missing your court date is never a good thing. Even in times of a global pandemic, you need to appear in court. Not only will you lose your ticket appeal, but the judge might also issue a warrant for your arrest, assess costs against you, and even suspend your license.  What should you do if you can’t make your court appearance for a speeding ticket or another moving infraction? The traffic defense lawyers with Gounaris Abboud can help you with your traffic ticket defense. They can go to traffic court with you—or for you—and protect your rights. Why It’s Imperative That You Go to Court You have the right to fight your speeding ticket or other traffic offense in court. These crimes are referred to as minor misdemeanors. You can pay the ticket—thereby admitting guilt—and avoid going to court.  However, there are consequences that stem from accumulating too many traffic tickets. For example, the state could suspend your driver’s license. Additionally, your insurance company could increase your coverage rates or drop you altogether. Moreover, if you have a commercial driver’s license, the state could revoke your ability to make a living by driving. Therefore, it makes sense to fight a traffic offense to protect your driving record as well as your way of life. You can go to court to contest the traffic violation allegations if you want. You must appear in court at the date and time the court assigns to you. You have the chance to plead not guilty and have a trial.  Keep in mind, you have a legal obligation to appear in court if the police charge you with a felony or misdemeanor traffic crime. Traffic crimes carry the possibility of going to jail. You must appear at your arraignment date and trial date; otherwise, the court can take matters into its own hands. Consequences for Missing Court When Your Speeding Ticket Court Appearance Is Required Traffic courts are busy. They don’t have the luxury of wasting time processing your case and then putting the resources into it if you don’t show up. The time courts spend on your case is time spent away from someone else’s. Additionally, the prosecution has to call witnesses to come to court for your trial. This costs the state money. Consequently, magistrates and judges can punish you for not appearing. The court can enter a default finding on your docket if you don’t come to court. If you have minor misdemeanor traffic charges, then the judge will find you guilty and order you to pay the fine and associated fees. However, the court will issue a bench warrant for you if you have criminal offenses on your ticket. Having a bench warrant lodged against you means that you are subject to arrest when you’re in public. What are the implications of having a bench warrant out against you? Having a warrant is no way to live. The police can arrest you any time they encounter you. You might think you can avoid the police, but sometimes you don’t have a choice. If you are involved in a fender-bender, get stopped for a traffic offense, or have to call the police if you witness a crime, then you will be arrested. Police often “run” your information when they learn your name. They have to arrest you if the court issued a warrant for your apprehension. You will be brought to court after your arrest if the court is open at that time. If not, you might have to post bond if you are eligible. If you can’t post bond, then you could end up staying in jail until the next time court opens. Therefore, you could spend an entire weekend in jail awaiting your court appearance all because you didn’t go to court when you should have. Additional Consequences for Missing a Court Appearance for a Speeding Ticket Can you imagine your life if a police officer threw the cuffs on you and took you to jail because you missed a court appearance? How would you explain your arrest to your family? What would you say to your boss? You might be embarrassed, especially if you’ve never been in trouble before. Don’t let this happen to you.  How Can Gounaris Abboud Help? Gounaris Abboud’s defense attorneys can help you in a variety of ways. First, you can lean on our tremendous experience to help you out of a jam. As we’ve discussed, there are many reasons why you might want to fight a speeding ticket. Gounaris Abboud’s defense lawyers appear in traffic courts in Ohio regularly. We can appear on your behalf and may be able to get your ticket cleared up. If the court insists that you personally appear for your hearing, then Gounaris Abboud’s ticket defense lawyers can ask for another date if you can’t come to court for a valid reason. We can argue your case for you and give you the best possible chance to win your ticket appeal.  Contact Gounaris Abboud Today for Further Information About What Happens If You Fail to Appear in Court for a Traffic Ticket Call Gounaris Abboud today at 937-222-1515 to learn more about how we can protect your rights. Our award-winning traffic ticket defense lawyers have the experience and knowledge you need to win your traffic ticket case.

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ohio point system

The state of Ohio assesses points against the driving record of drivers who commit certain traffic violations. The Ohio point system aims to deter drivers from committing frequent traffic violations over a short period of time. If you accumulate 12 or more points over a two-year period, you face license suspension. Points and penalties for traffic violations in Ohio are serious charges that can carry steep consequences for drivers. A traffic attorney at Gounaris Abboud, LPA, can explain the process for getting points on your license in Ohio and the potential consequences if you accumulate too many.  Points for Various Violations in Ohio Minor traffic violations warrant the assessment of two points against the driver’s driving record. Ohio considers multiple traffic infractions as minor violations resulting in two points, including: Running a stop sign; Running a traffic light; Driving below the speed limit; Failure to yield; Following too closely; Improper turn; and Speeding less than 25mph over the speed limit. Ohio assesses four points against a driver’s driving record for violations considered more serious or dangerous than those warranting two points. Four-point violations include: Speeding more than 25mph over the speed limit; Operating the vehicle in a willful or wanton manner that exhibits disregard for the safety of persons or property; and Reckless driving. Six-point violations in Ohio include: Street racing; Operating a vehicle under the influence of alcohol and/or drugs (OVI); Leaving the scene of an accident; Driving under a suspended license. If a driver accumulates six points on his or her license within a two-year period, the Ohio Bureau of Motor Vehicles (BMV) is required to issue a warning letter to the driver, listing the violations and the corresponding number of points for each.  Driver’s License Suspension for Point Violations You could be wondering, how long do points stay on your license in Ohio after you receive traffic violation convictions? In reality, points assessed to your driving record never go away.  However, for purposes of license suspension, points are considered for two years. The two-year period begins on the date of the first conviction. In the event you receive 12 points against your license in a two-year period, your driver’s license is suspended for a period of six months. After the six-month suspension period, you must complete a remedial driving course and pass a driving test to have your license reinstated.  Ohio permits drivers with more than two but less than twelve points to complete a remedial driving instruction course and have two points removed from their record. The remedial driving course can be completed up to five times, but cannot be taken twice within a three-year period.  Consult with a Traffic Lawyer Today An experienced traffic attorney with Gounaris Abboud, LPA, can help you understand your driving record and the Ohio points on license system. Depending on the circumstances of your case, a traffic lawyer can argue to have your driving charge reduced to a zero-point violation. We pride ourselves on providing our clients with the one-on-one attention we believe is necessary to establish trust in an attorney-client relationship. Time is of the essence in every legal claim, so contact our team of traffic attorneys at Gounaris Abboud, LPA, as soon as possible at 937-222-1515 or online. 

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child endangerment ohio

Any criminal charge involving children will often result in high stress and amplified emotion. A charge of child endangerment is no exception.  Child endangerment is an extremely serious charge in Ohio, and penalties can be severe. Thus, in most cases, it is absolutely necessary to work with an experienced criminal defense attorney who can help defend you against one of the most difficult charges you can face.  If you are facing a child endangerment charge in or near Dayton, OH, consider consulting with an attorney today to discuss your case and determine how best to move forward. Ohio Child Endangerment Laws: An Overview Ohio defines child endangerment in Ohio Revised Code § 2929.22. Under this statute, it is a violation to “create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support.” Additionally, a “child,” for purposes of Ohio child endangerment laws, includes anyone under the age of 18, or a mentally or physically handicapped person who is under the age of 21.  This definition of child endangerment is broad. However, the Ohio Revised Code does provide some additional definition. Specifically, the following will constitute child endangerment in Ohio:  Abuse of the child;  Torture or cruel abuse of the child;  Prolonged corporal punishment or other physical disciplinary measures that are “excessive under the circumstances”; Repeated disciplinary measures that, if continued, would seriously impair the child’s mental health or development; and Enticing, coercing, or permitting a child to participate in any act that is obscene or sexual in nature.  While this list is not exclusive, it is important to understand the types of activities that may constitute child endangerment in Ohio.  It is also important to note that under this section, parents are not the only parties that can be found guilty of child endangerment. Under Ohio law, any of the following can be charged with child endangerment:  Parents,  Guardians,  Custodians,  Persons having custody or control of a child, or  Persons in loco parentis of a child.  For clarity, “in loco parentis” means any adult who is the caretaker of a child. This includes relatives, foster parents, or stepparents who have the rights, duties, and responsibilities of a parent.  Penalties for Child Endangerment in Ohio Placing a child’s life at risk is a serious offense. Thus, the penalties for child endangerment charges in Ohio are severe.  A first offense for child endangerment will result in a first-degree misdemeanor. Consequences for such a conviction include up to 6 months in jail and a fine of up to $1,000. However, if this is not your first conviction, the penalties can be even more severe. Depending on whether you have prior offenses and whether the child sustained severe injuries, a conviction for child endangerment can be elevated as high as a second-degree felony. Under Ohio law, a felony of the second degree can result in up to 8 years in prison and a fine of up to $15,000.  Contact a Criminal Defense Attorney Today A charge for child endangerment has the potential to impact your rights as a caretaker for a child. Additionally, a charge can impact your reputation and lead to harsh criminal penalties. We understand how difficult it can feel to face a charge of child endangerment in Ohio. However, know that you are not alone.  At Gounaris Abboud, LPA, we are prepared to help you through this difficult time and will strive to provide you with the best defense the law can provide. Our team of criminal defense lawyers has over 50 years of collective experience providing high-quality legal counsel to clients in need. Contact us online or by phone at 937-222-1515 for a free consultation to see how we can help you.

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A University of Dayton student had just returned back from summer break when she went to a semester kick-off party and became seriously intoxicated. After having too much to drink, this student passed out near a building on campus. The police apprehended the girl when they noticed her near the building. Unfortunately, she got into a minor altercation with the police officers upon arrest and spent the remainder of her night in the Montgomery County Jail. The prosecutor and police filed a variety of different charges against her. While there was a whole host of charges against the woman, the largest charge was an assault on a police officer charge. This is considered a fourth degree felony. If convicted, these students would have been sent to prison for up to 18 months and given a $5,000 fine. The case was prosecuted in a Montgomery County Common Pleas Court in Dayton, Ohio. After her charges, this student came to Gounaris Abboud, LPA looking for help. Thankfully, the team was able to get her case dismissed through diversion/ILC. The prosecutor on the case agreed to reduce our client’s charge and instead issue a diversion program. After she completes the diversion program in about six months, our client will have her case dismissed. She will be able to leave court with a clean criminal record. This will help her to be able to secure a job in the future without worrying that a prior conviction could eliminate her ability to qualify. Gounaris Abboud, LPA takes joy in representing students of local universities as well as locals in the Dayton area with their alleged crimes. Contact the firm right away if you have been accused of a crime and need assistance in seeking a satisfactory verdict in your case!

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