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Ohio Marijuana Laws
Marijuana Charges |
Ohio has a wide range of marijuana laws, which swing from decriminalization and conditional release with alternative sentencing programs to mandatory minimum sentencing for traffickers. Ohio drug possession laws are potentially some of the most lenient in the entire country for small, personal possession amounts, however, trafficking in enterprise levels of the drug carry mandatory minimum sentence requirements for convicted defendants. Every year, around 20,000 people are arrested in Ohio for marijuana-related offences, according to the Department of Justice.
Medical Marijuana Users
Ohio has no medical marijuana laws, although a recent poll showed 73% of Ohioans supported medical marijuana.
Non-Medical Users:
Ohio views all users as recreational or illicit drug users. Currently, there are no outstanding medical marijuana laws in the state, however, possession of less than 100 grams of marijuana constitutes a minor misdemeanor and does not create a criminal record.
Penalties for Marijuana Use and Possession in Montana:
|
Possession of less than 100 grams |
Minor misdemeanor |
The penalty is a $100 fine |
|
Possession of 100 to 200 grams |
4th degree misdemeanor |
Penalties include not more than 30 days in jail and/or a $250 fine |
|
Possession of 200 to 1000 grams |
5th degree felony |
Penalties include 6 months to a year in jail and/or a $2,500 fine |
|
Possession of 1000 to 5000 grams |
3rd degree felony |
Penalties include 1-5 years in jail and/or a $10,000 fine |
|
Possession of 5000 to 20,000 grams |
3rd degree felony |
Penalties include 1-5 years in prison and/or a $10,000 fine |
|
Possession of 20,000 grams or more |
2nd degree felony |
Penalties include 2-8 years in prison and/or a $15,000 fine |
Penalties for Growing, Selling, and Trafficking Marijuana:
|
100 grams or less |
Minor Misdemeanor |
The penalty is a $100 fine |
|
100 to 200 grams |
4th degree misdemeanor |
Penalties include up to 30 days in jail and/or a $250-$500 fine If near a school or juvenile, 3rd degree misdemeanor and/or fine |
|
200 to 1000 grams |
5th degree felony |
Penalties include 6 months to 1 year and/or a fine of $2,500-$5,000 If near juvenile or school- 4th degree felony, 6-18 months of jail and/or $2,500-$5000 fine |
|
1000 to 5000 grams |
3rd degree felony |
Penalties include 1-5 years and /or $10,000-$15,000 fine If near juvenile or school, 2nd degree felony, 2-8 years of jail and/or same fine |
|
5,000 to 20,000 grams |
2nd degree felony |
Penalties include 2-8 years minimum mandatory and fine or $15,000 |
|
20 grams or less as gift |
Minor misdemeanor |
The penalty is a $100 fine |
|
Less than 2000 grams |
Felony |
The penalties are 6-18 months of jail time and a fine |
|
2000 to 600 grams |
Felony |
The penalties are 1-5 years of jail time and a fine |
|
Over 600 grams |
Felony |
The penalty is a 6 month minimum mandatory jail sentence and fine |
|
To minors, within 1,000 feet of a school, within 100 feet of a juvenile or with priors |
Felony |
Increased penalty |
Paraphernalia:
|
Possession or sale of paraphernalia |
Misdemeanor |
Penalties include 30-60 days in jail and fines from $750-$1,000 |
Penalties for Driving Under the Influence of Marijuana (DUID)
Ohio has DUID, or driving under the influence of marijuana, laws. They existing Ohio state criminal codes state that any motorist with detectable amounts of THC in the blood above 2 ng/ml, or THC_COOH in the urine above 15 ng/ml, is guilty of a DUID. The penalties include a mandatory jail sentence of 3 consecutive days or a driver’s intervention program, along with a suspended license.
Legal Help with a Marijuana Offense
If you are facing marijuana-related charges in Ohio, it is imperative you seek a marijuana attorney. A marijuana lawyer will be able to assist you in getting the best possible sentence, as Ohio has many different marijuana laws, and it takes a solid attorney to know them all and point your case in the right direction. Additionally, an attorney can help plea your case down to a lesser charge or even in certain cases a dismissal.