State v. Melms

Citations

• 2018 Ohio 1947
• 101 N.E.3d 747

Syllabus

The trial court did not err in by denying a motion to dismiss Melms' indictment for possession of fentanyl. R.C. 2925.11(B)(2)(b), which grants immunity from prosecution for minor drug possession offenses if certain conditions are met, is not unconstitutional as applied to Melms. Melms failed to demonstrate the deprivation of a protected liberty interest, the statute does not involve a suspect class or a fundamental constitutional right, and Melms' due process and equal protection arguments accordingly fail. Judgment affirmed. (Froelich, J., concurring.)