Ohio Marijuana Laws

A Guide from Columbus, OH’s Premier Legal Team

Marijuana is a substance derived from the Cannabis sativa plant (typically from its leaves, seeds, or flowers) that is often used as a psychoactive or analgesic drug. Marijuana may eaten, but it most often smoked, allowing THC (tetrahydrocannabinol: the principle main ingredient in marijuana) to enter the bloodstream and reach the brain, producing a “high.” Though marijuana is legal for recreational use in some states and medicinal use in others, it is an illegal substance in the state of Ohio. In fact, possession of marijuana is considered a crime Ohio, regardless of the amount found. If you have been charged with a marijuana-related crime such as possession or trafficking, it is important to find a lawyer you can trust to fight for your case. Our attorneys at Scott and Nolder Law Firm have decades of experience working with clients across Ohio on drug related cases of all kinds and can provide you with the trusted legal counsel and representation you need to get the settlement you deserve. Learn more about Ohio marijuana laws below, and contact our firm (614) 221-9790 today!

Marijuana Possession

Possession of marijuana is a crime in the state of Ohio. There are two types of marijuana possession — actual possession and constructive possession — that can lead to a criminal conviction. Physical possession occurs when marijuana is found on your person, either in your pockets or in a bag you’re carrying. In cases of constructive possession, marijuana is found and linked back to you: either because it was found on your property, or because you were determined to be the principle possessor of the substance. The severity of marijuana possession charges are typically determined by the amount of marijuana found. Learn more in the short guide below:

  • Less than 100 grams: Minor misdemeanor punishable by a fine of up to $150.
  • 100-200 grams: 4 th degree misdemeanor punishable by 30 days in jail; $250 fine.
  • 200-1,000 grams: 5 th degree felony punishable by 6 months to 1 year in prison; community control presumed.
  • 1,000-5,000 grams: 3 rd degree felony punishable by 9 months to 3 years in prison; no presumption of prison.
  • 5,000-20,000 grams: 3 rd degree felony punishable by 9 months to 3 years in prison; prison time presumed.
  • 20,000-40,000 grams: 2 nd degree felony punishable by 5-8 years in prison (mandatory).
  • More than 40,000 grams: 2 nd degree felony punishable by a mandatory 8 years in prison.

Marijuana Trafficking

The state of Ohio defines marijuana trafficking as selling, offering, or packaging marijuana. Depending on the amount of marijuana discovered, marijuana trafficking may be a felony ranging from a felony of the 1 st degree (most severe) to a felony of the 5 th degree (least severe). See the breakdown for more information.

  • ≤20 grams: Minor misdemeanor, $150 fine
  • >20 grams – <200 grams: 5th degree felony; presumption for community control
  • 200 grams – <1 kg: 4th degree felony; presumption for community control
  • 1 kg – <5 kg: 3rd degree felony, presumption for community control and prison time (9 months – 3 years)
  • 5 kg – <20 kg: 3rd degree felony, presumption in favor of prison time (9 months – 3 years)
  • 20 kg – <40 kg: 2nd degree felony, prison time mandatory (5-8 years)
  • ≥40 kg: 1st degree felony, prison time mandatory (mandatory 8 years)

Get Legal Representation for Your Marijuana Charges — Contact Our Firm

If you’ve been charged with a marijuana-related crime, our legal team at Scott and Nolder Law Firm can help. We have decades of experience providing legal counsel and representation to clients across Ohio and will work diligently to help you get the best settlement possible in your marijuana-related case. To learn more and to schedule an appointment with one of our lawyers, contact our Columbus, OH firm at (614) 221-9790 today!

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