Ohio Marijuana Laws

Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Ohio, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Ohio Rev. Code Ann. § 3719.41 (2019).) However, there may be some exceptions to the following laws for medical marijuana possession and use. Also, while not covered in this article, it is a crime to drive under the influence of marijuana in Ohio.

Marijuana Possession in Ohio

It is a crime to knowingly or intentionally possess marijuana in Ohio. Penalties vary according to the amount possessed, with increased fines and jail time for second and subsequent convictions, and for offenses committed within 1,000 feet of a school. For offenses involving more than 100 grams of marijuana, the judge will suspend the defendant's driver's license for at least six months (and up to five years).

• Up to 100 grams (or up to five grams of solid hashish or up to one gram of liquid hashish). Ohio has decriminalized possession of small amounts of marijuana. Violations are considered minor misdemeanors, which incur a $150 fine but no jail time, and do not become part of the defendant's criminal record.
• Between 100 and 200 grams (or five and ten grams of solid hashish or one and two grams of liquid hashish). The offense is a fourth degree misdemeanor, and penalties include a fine of up to $250, up to 30 days in jail, or both.
• Between 200 and 1,000 grams (or ten and 50 grams or solid hashish or two and ten grams of liquid hashish). The offense is a fifth degree felony, and penalties include a fine of up to $2,500, up to one year in jail, or both.
• Between 1,000 and 20,000 grams (or 50 and 1,000 grams of solid hashish or ten and 200 grams of liquid hashish). The offense is a third degree felony, and penalties include a fine of up to $10,000, up to five years in prison, or both.
• Between 20,000 and 40,000 grams (or 1,000 and 2,000 grams of solid hashish or 200 and 400 grams of liquid hashish). The offense is a second degree felony, and penalties include a fine of up to $15,000, between five and eight years in prison, or both.
• 40,000 grams or more (or 2,000 grams or more of solid hashish or 400 grams or more of liquid hashish). The offense is a second degree felony, and penalties include a fine of up to $20,000, at least eight years in prison, or both.

(Ohio Rev. Code Ann. §§ 2901.02, 2925.11, 2929.14, 2929.18, 2929.24, 2929.28 (2019).)

Marijuana Cultivation in Ohio

It is illegal to cultivate marijuana in Ohio. Penalties vary according to the amount cultivated, with increased penalties for second or subsequent offenses and cultivation within 1,000 feet of a school or within 100 feet of a child.

• Up to 100 grams. Violations are considered minor misdemeanors, which incur a $150 fine but no jail time, and do not become part of the defendant's criminal record.
• Between 100 and 200 grams. The offense is a fourth degree misdemeanor, and penalties include a fine of up to $250, up to 30 days in jail, or both.
• Between 200 and 1,000 grams. The offense is a fifth degree felony, and penalties include a fine of up to $2,500, up to one year in jail, or both.
• Between 1,000 and 20,000 grams. The offense is a third degree felony, and penalties include a fine of up to $10,000, up to five years in prison, or both.
• Between 20,000 and 40,000 grams. The offense is a second degree felony, and penalties include a fine of up to $15,000, between five and eight years in prison, or both.
• 40,000 grams or more. The offense is a second degree felony, and penalties include a fine of between up to $20,000, at least eight years in prison, or both.

(Ohio Rev. Code Ann. §§ 2925.04, 2929.14, 2929.18, 2929.24, 2929.28 (2019).)

Marijuana Trafficking in Ohio

In Ohio, someone who sells marijuana or prepares marijuana for shipment, ships, or transports marijuana for distribution, is guilty of trafficking. Penalties vary according to the amount trafficked, with increased fines and jail time for trafficking with children present, or near a school.

• Up to 20 grams without payment. Like possession of small amounts of marijuana, Ohio has decriminalized giving someone up to 20 grams of marijuana. Violations are considered minor misdemeanors, which incur a $150 fine but no jail time, and do not become part of the defendant's criminal record.
• Up to 200 grams (or up to ten grams of solid hashish or up to two grams of liquid hashish). The offense is a fifth degree felony, and penalties include a fine of up to $2,500, up to one year in jail, or both.
• Between 200 and 1,000 grams (or ten and 50 grams of solid hashish or two and ten grams of liquid hashish). The offense is a fourth degree felony, and penalties include a fine of up to $5,000, up to eighteen months in prison, or both.
• Between 1,000 and 20,000 grams (or 50 and 1,000 grams of solid hashish or ten and 200 grams of liquid hashish). The offense is a third degree felony, and penalties include a fine of up to $10,000, up to five years in prison, or both.
• Between 20,000 and 40,000 grams (or 1,000 and 2,000 grams of solid hashish or 200 and 400 grams of liquid hashish). The offense is a second degree felony, and penalties include a fine of up to $15,000, between five and eight years in prison, or both.
• 40,000 grams or more (or 2,000 grams or more of solid hashish or 400 grams or more of liquid hashish). The offense is a second degree felony, and penalties include a fine of up to $20,000, at least eight years in prison, or both.

(Ohio Rev. Code Ann. §§ 2925.03, 2929.14, 2929.18, 2929.24, 2929.28 (2019).)

"Corrupting Another With Drugs" in Ohio

It is illegal in Ohio to force someone to ingest drugs, to furnish drugs to a minor, or to cause a minor to commit a felony drug offense. These crimes are collectively called "corrupting another with drugs" and are punishable with a fine of up to $5,000 and up to 18 months in jail. (Ohio Rev. Code Ann. § 2925.02 (2019).)

Drug Paraphernalia Laws in Ohio

It is illegal in Ohio to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties for possession of marijuana paraphernalia include a fine of up to $150 and suspension of the offender's driver's license. Manufacturing or selling paraphernalia may be punished with a fine of up to $750, up to 90 days in jail, or both. (Ohio Rev. Code Ann. §§ 2925.14, 2925.141 (2019).)

Get Legal Help

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, the law can change at any time. Only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.