Ohio Marijuana Laws - Cannabis Legal Status in Ohio

conditional

decriminalized

mandatory

drugged driving

Incarceration

Fine

Possession
Less than 100 g minor misdemeanor*** none $100
100 g to 200 g misdemeanor of 4th degree not more than thirty days and/or fine $250
200 g to 1000 g 5th degree felony 6 months - 1 year and/or fine $2,500
1000 g to 5000 g 3rd degree felony 1 - 5 years and/or fine $10,000
5000 g to 20,000 g 3rd degree felony 1 - 5 years** and/or fine $10,000
20,000 g or more 2nd degree felony 2-8* years and/or fine $15,000

*Mandatory minimum sentence.
**Presumption of prison.
***A minor misdemeanor does not create a criminal record in Ohio

Cultivation
Less than 100 g minor misdemeanor*** none $100
100 g to 200 g 4th degree misdemeanor

not more than 30 days and/or fine,
if near school or juvenile- 3rd degree misdemeanor and/or fine

$250-$500
200 g to 1000 g 5th degree felony

6 months-1 year and/or fine,
if near school or juvenile-4th degree felony 6-18 months and/or fine

$2500-
$5000
1000 g to 5000 g 3rd degree felony

1-5 years and/or fine,
if near school or juvenile -2nd degree felony 2-8 years and/or fine

$10,000-
$15,000
5000 g to 20,000 g 3rd degree felony 1-5 years and/or fine,
if near school or juvenile -2nd degree felony 2-8 years and/or fine**
$10,000-
$15,000
20,000 g or more 2nd degree felony 2-8 years MMS* and/or fine $15,000

Any possession less than 5,000 may be probation only.
*Mandatory minimum sentence.
**Presumption of prison
***A minor misdemeanor does not create a criminal record in Ohio

Sale/Distribution
gift of 20 g or less minor misdemeanor*** none $100
less than 200 g felony

6 - 18 months

variable
200 g to 600 g felony

1 - 5 years

variable
600 g or more felony 6 months MMS* variable
To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions felony increased penalty increased penalty
*Mandatory minimum sentence.
***A minor misdemeanor does not create a criminal record in Ohio
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 30 days $750
Paraphernalia sale misdemeanor 90 days $1,000
Any drug conviction causes driver's license suspension for 6 months to 5 years.
Professional licenses are suspended.
Details

Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison.

Delivery of 20 grams or less, for no remuneration, is considered possession and is punished with a fine of $100. Sale or distribution of less than 200 grams carries a penalty of 6 - 18 months in jail. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 600 grams or greater carries a mandatory minimum sentence of six months and a possible 2 - 8 year sentence.

Sale to minors, sale within 1,000 feet of a school, sale within 100 feet of a juvenile, and previous felony drug convictions all increase the penalty for the sale or distribution of marijuana.

Possession of paraphernalia is punishable by up to 30 days in jail and sale of paraphernalia is punishable by up to 90 days in jail.

For all drug convictions, the offender's driver's license is also suspended for a period of 6 months - 5 years. This does not apply to minor misdemeanor violations for marijuana possession. Professional licenses are also suspended.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold.

North Ohio NORML
107 Wooster St.
Lodi, OH 44254
Phone: (330) 948-WEED
Contact: Cher Neufer
E-mail: [email protected]
Web Site: http://northohio.norml.net

Continue reading here: Texas Marijuana Laws - Cannabis Legal Status in Texas

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Readers' Questions

  • arduino
    Is marijuana legal in ohio?
    1 year ago
  • No, marijuana is not legal in Ohio at this time.