What are the penalties for a marijuana/marihuana possession charge in Ohio?

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If you find yourself in a situation where you were charged with possession of marijuana/marihuana, please contact The Hemminger Law Offices. If you are wondering what the penalties are if you were charged with possession, here are some basic overviews:

The sale, manufacture and possession of marijuana are regulated on a federal and state level. Marijuana is a Schedule 1 substance in Ohio, which means that there is a lot of potential for abuse and little medicinal value. (Ohio Rev. Code Ann. 3719.41)

Anyone, without a valid prescription, who intentionally and knowingly possesses marijuana in Ohio has committed a crime. Depending on the amount of marijuana possessed, the penalties are going to vary. They include increased jail time and fines for offenses that take place within 1,000 feet of a school or juvenile. Any conviction for possession of marijuana or marijuana paraphernalia may result in the judge suspending the individual’s driver’s license for a minimum of six months up to as long as five years. (Ohio Rev. Code Ann. 2925.14 and 2925.141)

Possession of Marijuana/Marihuana

Less than 100 grams – Ohio decriminalized possession of smaller amounts of the substance. A violation is a minor misdemeanor, which results in a $150 fine. The offense is not punishable by jail, but it still has many hidden consequences such as the possibility of a driver’s license suspension.

Between 100-200 grams – Penalties include up to 30 days in jail, a fine of up to $250 and the possibility of a driver’s license suspension.

Between 200-1,000 grams – Constitutes a fifth degree felony and defendants face prison, a fine up to $2,500 and the possibility of a driver’s license suspension.

Between 1,000-20,000 grams – Individual’s possessing this much marijuana could be facing anywhere from 9 months to 3 years in prison, a fine of up to $10,000, as well as the possibility of a driver’s license suspension and other potential penalties. More than 5,000 grams carries a presumption for prison.

Between 20,000-40,000 grams – Potential penalties include a mandatory prison term anywhere from 5-8 years and a fine of up to $10,000.

40,000 grams or more – Penalties include a mandatory 8-year prison sentence and a fine of up to $15,000.

Cultivation and Sale of Marijuana

In Ohio, cultivating and selling marijuana, without a valid license, is illegal. Penalties will vary based on the amount sold or cultivated. Second and subsequent convictions carry an increased penalty, as well as selling within 1,000 feet of a school or within the vicinity of a juvenile.

Less than 20 grams and no payment – Ohio decriminalized giving someone marijuana up to 20 grams. A violation is classified as a minor misdemeanor and involves no time in jail and a $150 fine for the first offense. A subsequent offense, any gifting within the vicinity of a school, or any gifting within the vicinity of a juvenile carries up to 60 days in jail and a fine of up to $500.

Sale of less than 200 grams – Possible penalties include up to 1 year in prison and a fine of up to $2,500.

Between 200-1,000 grams – Penalties include up to 18 months in prison and a fine of up to $5,000.

Between 1,000-5,000 grams – individuals could be facing between 9 months and 3 years in prison and a fine of up to $10,000. If the offense occurs within the vicinity of a school or a juvenile, there is a presumption for prison.

Between 5,000-20,000 grams – Individuals are facing a presumption for a prison sentence between 9 months to 3 years and a fine of up to $10,000.  If the offense is committed within the vicinity of a school or a juvenile, there is a presumption for a prison sentence between 2-8 years and a fine of up to $15,000.

Between 20,000-40,000 grams – Penalties include a mandatory prison sentence anywhere from 5-8 years and a fine of up to $15,000. If the offense is committed within the vicinity of a school or a juvenile, there is a mandatory prison sentence of 3-11 years and a fine of up to $20,000.

More than 40,000 grams – Individuals face a mandatory minimum of 8 years in prison and a fine of up to $15,000. If the offense was committed in the vicinity of a school or juvenile, individuals face a mandatory minimum of 11 years in prison and a fine of up to $20,000.