A Guide to Ohio’s Marijuana Laws
Brought to you by OH’s Premier Legal Team
Over the years, Steven S. Nolder, Attorney at Law, has received many questions, including “how much marijuana is a felony?”, “is selling weed a felony?” and “is smoking weed a felony?”. Our experienced attorney in Columbus, OH is here to represent you if you’ve been charged with trafficking marijuana, possession of marijuana, or other related charges. Our marijuana offenses lawyer is not only here to represent you but also wants to inform you about Ohio’s marijuana laws. Starting with the basics, 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 be eaten but is most often smoked, allowing its main ingredient THC to enter the bloodstream and reach the brain, producing a “high.”
While marijuana is legal for recreational or medical use in some states, it is an illegal substance for recreational use in the state of Ohio. The state of Ohio legalized medical marijuana usage starting in 2019. If you’ve been charged with a marijuana-related crime such as possession or trafficking, it’s essential to find a lawyer you can trust to fight for your case. Steven S. Nolder has decades of experience working with clients throughout Ohio on drug-related cases and can provide you with the trusted legal counsel and representation you need to get the settlement you deserve. Get in touch with our marijuana defense lawyer today after learning more about Ohio marijuana laws.
Marijuana Possession Laws in Ohio
While medical marijuana is legal in Ohio for qualified patients and caregivers, adult-use marijuana is illegal. If you are not registered with the Medical Marijuana Control Program, you are subject to charges for possessing marijuana. The two types of marijuana possession that can lead to a criminal conviction are actual possession and constructive possession. Physical possession takes place when marijuana is found on the person, such as in your pocket or a bag you’re carrying. Constructive possession occurs if marijuana is found and linked back to you by being on your property or a determination that you were the principal possessor of the substance. The severity of marijuana possession charges is typically determined by the amount of marijuana found. Check out this guide to marijuana possession amounts and penalties:
- Less than 100 grams: Minor misdemeanor punishable by a fine of up to $150.
- 100-200 grams: 4th-degree misdemeanor punishable by 30 days in jail; $250 fine.
- 200-1,000 grams: 5th-degree felony punishable by six months to one year in prison; community control presumed.
- 1,000-5,000 grams: 3rd-degree felony punishable by nine months to three years in prison; no presumption of prison.
- 5,000-20,000 grams: 3rd-degree felony punishable by nine months to three years in prison; prison time presumed.
- 20,000-40,000 grams: 2nd-degree felony punishable by 5-8 years in prison (mandatory).
- More than 40,000 grams: 2nd-degree felony punishable by a mandatory eight years in prison.
Ohio Marijuana Trafficking Laws
If you’re facing transporting marijuana charges, be sure to get in touch with our law firm immediately. The state of Ohio defines marijuana trafficking as selling, offering, or packaging marijuana. Marijuana trafficking may be a felony, depending on the amount of marijuana discovered. If you’re charged with marijuana trafficking in Ohio, you may be facing anywhere from a 1st degree to a 5th-degree felony. See the following breakdown for more information on marijuana trafficking charges in Ohio:
- ≤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 (nine months – three years)
- 5 kg – <20 kg: 3rd-degree felony, presumption in favor of prison time (nine months – three years)
- 20 kg – <40 kg: 2nd-degree felony, prison time mandatory (5-8 years)
- ≥40 kg: 1st-degree felony, prison time mandatory (mandatory eight years)
Get Our Marijuana Defense Lawyer on Your Side
In Ohio, you may face other marijuana-related charges, including delivery of marijuana or cannabis or possession of marijuana paraphernalia. Being arrested and charged for marijuana crimes does not always mean you will be convicted. Our marijuana defense attorney can defend you in multiple ways, including illegal search and seizure, violations of Constitutional rights, entrapment, mistaken identity, Statute of Limitations elapses, failure to give Miranda warnings, alibis, insanity, and more. Our legal team is here to help if you’ve been charged with a marijuana-related crime in Ohio. Our attorney has decades of experience providing legal counsel and representation and will work diligently to help you get the best settlement possible or fight your marijuana charges. Contact our law firm today to schedule an appointment with our lawyer.