A lot of times, when I hear people talking about having been caught smoking a joint, they say that they were “only” charged with a minor misdemeanor pay-out ticket.  The next thing they say is “No big deal. I only have to pay a fine.” But there are many serious consequences that follow someone who pays out that ticket without consulting a lawyer first.

Ohio made changes in the law that were said to “decriminalize” the possession of small amounts of marijuana. Under current Ohio law, a minor misdemeanor possession conviction carries a $150 fine. The law also states that a conviction for possession of 100 grams or less of marijuana does not constitute a criminal record.  This means that if you are asked about whether you have a criminal record on a job application, you never have to report that you have a conviction for a minor misdemeanor marijuana pay-out ticket. (See R.C. 2925.11(D).)

But don’t let that give you the false confidence that this conviction doesn’t have consequences.  If a current or potential employer does a background check, that pay-out ticket will still show up on your report. Here are some of the complications that can follow.

If you fill out an employment application and are asked whether you have a “criminal record,” you  are under no legal obligation to report a pay-out ticket for marijuana possession. (McDonald’s employment applications, for instance, ask whether you have “been convicted of, pled guilty or pled no contest to, a crime, excluding misdemeanors and traffic violations.”)  But there is nothing to stop a private employer from asking whether you’ve ever been arrested, or whether you have ever had any drug abuse charges filed against you. In that case, if you don’t include that pay-out ticket, it can appear that you have lied or been deceptive. And because in most jobs, you are hired and fired “at the will” of the employer, no one has to hire you if they don’t want to. Although employers cannot discriminate against protected classes of people, such as those of a particular race or religion, drug users are not a protected class.

Why would a potential employer ask about arrests or drug charges that did not result in a legally-recognized conviction? There is a federal program through the
Department of Labor for employers who create a drug-free work environment. Ohio also has a similar program for certain employers. (See the “Drug-Free Workplace Program” at http://codes.ohio.gov/oac/123%3A1-76 and the  “Drug-Free Safety Program” at http://www.ohiobwc.com/employer//programs/dfspinfo/dfspdescription.asp#testing )  If employers agree to participate in this program, (or are mandated to by law) the amount of the premium that the employer pays for worker’s compensation benefits can be greatly reduced. The employer has a duty to monitor any criminal drug or alcohol activity of its employees. This includes  convictions for drug or alcohol-related crimes. And if a company is working under a government grant or contract, it runs the risk of losing the contract or grant money if it does not comply with the requirements of the program. So even though your minor misdemeanor possession of marijuana “conviction” is not considered a conviction for the purpose of an application, it can still create major roadblocks in your plan to find a job.

If you already have a job, an employer can find out about that pay-out ticket even if you don’t disclose it. There are many services that will look up criminal records for employers. (Check yourself out on www.freebackgroundcheck.org, for example, or www.beenverified.com/background) Again, this can be important to your employer if he or she participates in a drug-free workplace program.

It is also worth noting that many applications for graduate school, (law school, for example), and for licensing in many professions, require that you disclose any arrest or charge for a drug offense, regardless of whether it results in a conviction. The long-forgotten pay-out ticket will surface during routine record checks, and the failure to disclose it can be seen as deceptive.

The Bottom Line: Consult an attorney before you pay out that marijuana ticket. Your case should be examined to determine whether there are any criminal defenses available to you, and whether the charge can be reduced or dismissed. The consequences for ignoring this advice can have a negative impact on your employment and educational opportunities, and on your future.