Possession of three rocks of crack cocaine is insufficient to prove trafficking
Can the State prove you are a "drug dealer" because you are found in possession of three rocks of crack cocaine that weighed in at less than one gram combined? Not in Cuyahoga County where the Eighth District Court of Appeals just reversed a trafficking conviction in State v. Smith, 2011-Ohio-6466. The Court of Appeals pointed to the fact that the rocks were not individually wrapped for resale as one of the ways in which reasonable inferences of drug trafficking were absent. The conviction was reversed as you can read here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
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