31-year-old Robert Faulkner had been anxiously awaiting his trail which was scheduled to happen in the Richland County Common Pleas Court on Monday. The main reason behind the same was his possession of CBD oil which is was considered to be a felony as per the state legislature. However, the jury trail has been cancelled as his charge got reduced to mere misdemeanour from a much serious offense.
Faulkner sought out the assistance of CBD oil for treating anxiety in a legal manner. This is why his attorney James Mayer III completely thrashed down the legality of the felony charge. He was quoted as saying that, “I felt confident from the onset that possessing CBD oil in the state of Ohio is not felony conduct and of course my client and I are pleased with the judge’s decision.”
CBD or cannabidiol has not yet received the green signal of legislature in Ohio. In spite of that manufacturers have accepted the idea of hemp cultivation in accordance with the 2014 farm bill. Sean Boone, an attorney and Mayer filed the motion in April by speaking out in favour of the “reasons it is facially invalid.”
The Richland County grand jury accused Faulkner in June 2018 of two aggravated drug possession charges, both of which fall under fifth degree felonies. The main reason behind these charges is a July 2017 arrest in Ontario when a vial of CBD oil was found by two officers on a passenger seat.
Faulkner had earlier revealed that, “I had bought it a week before in a head shop in Columbus.”Richland County Common Pleas Judge Brent Robinson filed a two-page ruling on Wednesday morning specifying that, “..the court believes that the charges against the defendant are minor misdemeanours and not fifth-degree felonies.” This is why Robinson has ordered the transfer of this case of the Mansfield Municipal Court for conducting further proceedings.
The judgement entry of Robinson pointed out that, “Accordingly, the defense says possession of CBD oil is simply possession of marijuana. The parties do not dispute that if CBD oil is considered to be marijuana then the amount possessed in this case would constitute a minor misdemeanor under Ohio law. Instead the State of Ohio argues that CBD oil is not marijuana; but rather a Schedule I tetrahydrocannabinol. The State argues that since CBD oil is a Schedule I controlled substance, possession of CBD oil is a fifth-degree felony.”
The court has been provided with supporting materials by the defendant from both the United States Drug Enforcement Agency and State of Ohio Board of Pharmacy. The judge further wrote that, “The prosecutor has failed to provide the court with any materials to support their argument. All the research that this court could locate on its own indicates that CBD oil should be considered marijuana rather than a Schedule I controlled substance. Accordingly, the court finds that CBD oil is to be considered marijuana under Ohio law.”