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.) Also, while not covered in this article, it is a crime to drive under the influence of marijuana in Ohio.
For information about charges and penalties for driving under the influence of marijuana in Ohio, see Driving Under the Influence of Marijuana 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). (Ohio Rev. Code Ann. § 2925.11.)
To learn more about the consequences of a marijuana possession conviction in Ohio, and options to defend it, see Marijuana Possession Laws in Ohio: Why Fight a Pot Ticket.
It is illegal to cultivate or sell marijuana in Ohio. Penalties vary according to the amount cultivated or sold, with increased penalties for second or subsequent offenses and sales within 1,000 feet of a school. (Ohio Rev. Code Ann. § 2925.04.)
Someone who prepares marijuana for shipment, ships, or transports marijuana for distribution, is guilty of trafficking marijuana. Penalties vary according to the amount trafficked, with increased fines and jail time for trafficking with children present, or near a school. (Ohio Rev. Code Ann. § 2925.03.)
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 $2,500 or more, and between six and 18 months in jail. (Ohio Rev. Code Ann. § 2925.02.)
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 include a fine of up to $750, up to 30 days in jail, or both. Selling paraphernalia may be punished with a fine of up to $1,000, up to 90 days in jail, or both. (Ohio Rev. Code Ann. § 2925.04.)
To learn more about Ohio's drugs laws, please see Possession of a Controlled Substance in Ohio.
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, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.