Ohio courts are evaluating whether law enforcement can use the odor of marijuana to justify searches, with a key legal debate emerging between federal law (which may permit such searches) and Ohio constitutional rights (which may prohibit them), particularly regarding whether secondhand smoke exposure can result in detectable marijuana levels above legal limits.
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Marijuana Legal Limits: Ohio Court Fight ExplainedAñadido:
They want to say Brett submit to a test, Brett does, and lo and behold because he's been at this party and hot boxing it at the party, um he's got a little bit of marijuana in his system.
Uh I I think it would probably take more than just a party secondhand smoke to get somebody above I mean look, that's the argument. I'm not a chemist.
My gut and experience would tell me it would take more than just some exposure at a party to get him above the legal limit Yeah. in his blood bro or in his urine or blood for marijuana. At least I hope so. And what will happen Ohio courts are evaluating this issue about using an odor of weed to further a search, you would say or there the courts are often saying, "Look, while they can't do this under um Ohio law, they can under federal law."
Now we're turning around saying, "Hold on a second. Now you're violating our client's Ohio constitutional rights."
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