State v. Smith

Citations

• 240 N.E.3d 1051
• 2024 Ohio 1473

Syllabus

Search warrant sufficiency possession of controlled substances criminal tools medical marijuana fruit of the search manifest weight possession immediately within reach marijuana dispensary direct physical control constructive possession knowingly exercises dominion. Judgment reversed and convictions vacated. The appellant's convictions for drug possession and criminal tools were not supported by sufficient evidence. The state failed to prove, beyond a reasonable doubt, that the appellant had constructive possession of drugs or criminal tools where the state offered no evidence that the appellant had dominion or control over the area of the home where the illegal quantity of marijuana was found in the home she shared with her spouse, who held a medical marijuana license.