State v. Gonzales (Slip Opinion)
Ohio Supreme Court
1DissentO’Connor, C.J.
{¶ 37} Under R.C. 2925.11, drug possession is penalized according to the amount of the drug involved. The lead opinion’s interpretation introduces a purity or weight requirement for cocaine possession that is not found in the language of the statute or supported by the reality of how cocaine is produced, distributed, or consumed. Thus, I respectfully dissent.
{¶ 38} Powder cocaine is a compound of several ingredients:
[C]ocaine powder is derived by dissolving the coca paste in hydrochloric acid and water. To this mixture a potassium salt (potassium permanganate) is added. The potassium salt…
2Cases cited5 opinions
- Commerce & Industry Insurance v. City of ToledoOhio Supreme Court · 1989
- D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of HealthOhio Supreme Court · 2002
- State v. ChandlerOhio Supreme Court · 2006
- Garr v. Warden, Madison Corr. Inst.Ohio Supreme Court · 2010
- People v. McLaurinNew York Supreme Court · 1993