At Dearie, Fischer & Martinson, our attorneys have been practicing law for over 3 years. Most of that time has been spent in Southwest Ohio. Many things have changed in that time, both in the culture and in Ohio law. As we are only a few months away from the new year, we look forward to practicing as criminal defense lawyers in 2025. As such, it seems appropriate to reflect on some of the things that have changed over the years. This is knowledge that we have taken into account and will continue to utilize in 2025.
Notable Changes in the ’20s
First of all, how weird is that! The ’20s no longer necessarily refers to the “roaring ’20s” between the years of 1920-1929. Nor does it refer to a few years in the future. By the end of 2025, we will be halfway through the decade! And this decade has already seen some notable changes.
Marijuana Laws in Ohio
Even today, federal law still considers marijuana a schedule 1 substance. That means using marijuana anywhere in the United States is illegal in some capacity. However, certain states in recent years began legalizing marijuana in their state law, and Ohio eventually became one of those states. However, this did not happen overnight.
Before Ohio law legalized recreational marijuana, several key events took place. Back in 2016, Ohio legalized medical marijuana. After that, a new loop hole in federal law gave rise to the regular selling of delta-8 products (although that was arguably still illegal.) Somewhere around that time, Cincinnati decriminalized possession of marijuana within the city limits. This even included marijuana with “normal” amounts of delta-9 THC (as opposed to just delta-8). Finally, as late as 2023, Ohio legalized recreational marijuana, making everything less complicated…right?
Well, generally speaking, you could argue the law is less complicated now, but there are a few complicating factors.
For one, as we already mentioned, federal law does not allow the recreational or medical use of marijuana. So it is not right to say marijuana is legal, even in Ohio.
Secondly, you still cannot sell marijuana unless you have the proper legal permissions to do so. Dealing marijuana the way it was commonly sold before becoming legal is still against Ohio law.
Constitutional Carry
Firearm laws in Ohio are another topic we tried to follow closely as they were changing. There were many changes made in recent years, from changes in the duty to retreat to how you must conduct yourself at a traffic stop while transporting a firearm. One of the most notable changes was the law that made Ohio a constitutional carry state.
Constitutional carry here means that qualifying adults do not need a permit to carry a concealed weapon in this state. While there are certain restrictions (where you’re carrying, criminal history etc.), concealed handgun permits are not required in most situations. However, if you travel out of state, there may be states that are not constitutional carry, but recognize Ohio’s concealed carry permits. In that case, you would have to get your permit before traveling to that state with a concealed weapon.
Sealing and Expungement of a Criminal Record
This has been one of the most complicated and also impactful changes for many of our clients. We have covered it extensively on our blog. We will not go into the history of all the legal rules that existed and changed over the years. But we will try to summarize where the law currently stands.
Some crimes are not eligible for sealing or expungement in Ohio. Sometimes, a crime may be eligible, but sealing is not lawful because of the offender’s criminal record. If a crime is eligible for sealing, the offender can apply to have the criminal record sealed after the appropriate amount of time (time periods depend on the offense.) Most crimes that are eligible for sealing will also become eligible for expungement at some point. Sometimes the waiting period for expungement is the same as the waiting period for sealing. Sometimes it is different.
One of the main things that changed is the possibility of expungement at all. Now expungement (destruction of criminal record) is possible in addition to sealing (hiding the record from public view). This has caused many people to be interested in expunging a criminal record in Ohio. We expect to see this trend continue as we practice as criminal defense lawyers in 2025.
Conclusion
We look forward to practicing as Ohio criminal defense lawyers in 2025. Times may be different, but we still rely on our 30 + years of experience to do what we love. The laws themselves may be new, but the fact that laws change and shift is not new at all. The culture may be different. The technology involved has certainly updates. But the attorneys in Dearie, Fischer & Martinson are still here to serve Ohio in the Counties of Warren, Butler, Montgomery, Hamilton, and surrounding areas. If you or someone you know needs a criminal defense lawyer, don’t wait till 2025! Contact us today.
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