FAQ - Marijuana Charges In Columbus And Central Ohio

Q. Are marijuana laws still enforced in Ohio?
A. Yes. In the State of Ohio, it is illegal to possess and/or cultivate any amount of marijuana. Offenses involving marijuana are the most common drug crimes in Ohio. Possessing even a small amount of marijuana can significantly impact your life. In addition to any legal penalties, a conviction becomes part of your permanent criminal record and may affect future educational and employment opportunities.

Q. What misdemeanor charges and penalties are associated with marijuana?
A. Ohio misdemeanor marijuana charges include Possession and Cultivation. The following explains the charges and possible sentences associated with misdemeanor marijuana offenses:

• Misdemeanor possession is charged when the amount of marijuana possessed is less than 199 grams. In Ohio, if the amount of marijuana is less than 100 grams, it is considered a minor misdemeanor and does not carry a jail sentence. If the amount of marijuana is between 100 grams and 199 grams, it is a fourth degree misdemeanor, carrying a jail sentence of up to 30 days and probation up to five years.
• In Ohio, a cultivation marijuana charge for an amount less than 200 grams is classified as a misdemeanor. For every misdemeanor marijuana conviction, including minor misdemeanor offenses, there is a suspension of the person's driver license for six months to five years.

Q. What felony charges and penalties are associated with marijuana?
A. Ohio felony marijuana charges include Possession and Cultivation. The following explains the charges and possible sentences associated with felony marijuana offenses:

• A felony possession is charged when the amount of marijuana possessed is 200 grams or more. In Ohio, the amount of marijuana possessed in a felony case breaks down as follows:
  
  • 200 grams to 1 kilogram - a fifth degree felony carrying a prison sentence of up to one year and probation up to five years.
  • 1 kilogram to 5 kilograms – a third degree felony carrying one year to five years in prison.
  • 5 kilograms to 20 kilograms - a third degree felony and there is an assumption that a prison sentence will be imposed.
  • 20 kilograms to 40 kilograms - a second degree felony that carries a mandatory five to eight years in prison.
  • Over 40 kilograms - a second degree felony carrying a mandatory eight years in prison.
  • For every felony marijuana possession conviction, there is a mandatory driver’s license suspension from six months to five years.
• A felony cultivation is charged when the amount of marijuana cultivated is 200 grams or higher. In Ohio, if the amount of marijuana cultivated in a felony case breaks down as follows:
  • 200 grams to 1 kilogram - a fifth degree felony carrying a prison sentence of up to one year and probation up to five years
  • 1 kilogram to 5 kilograms – a third degree felony carrying one year to five years in prison.
  • 5 kilograms to 20 kilograms - a third degree felony and there is an assumption that a prison sentence will be imposed.
  • Over 20 kilograms - a second degree felony carrying two to eight years in prison.
  • If the marijuana cultivation occurs near a school, the level of the offense is increased by one degree.
  • There is also a suspension of a person's driver license for six months to five years.

Q. How can I fight a marijuana charge?
A. There are two primary strategies that an experienced criminal defense attorney will use to defend a marijuana charge. The first is to use a diversion program or intervention in lieu of conviction. The second is to examine the prosecution’s evidence and present a defense against the charge through the court process, including hearings in front of the court, and if need be, a trial.

Q: Should I hire an attorney for my marijuana case?
A: It is often beneficial to hire a good lawyer for a marijuana case in Ohio. A lawyer may be necessary to be screened for a diversion program. If a diversion program is not an option in your case, a lawyer can be very helpful to present a defense against the charge as well as information to mitigate any possible sentence. It is important that your lawyer has experience handling marijuana offenses and regularly handles these types of cases.

We are criminal defense attorneys in Columbus, Ohio, and we have been representing clients charged with marijuana offenses since 1997. You can learn more about us on our firm's profile . You may also want to see what clients say about the Dominy Law Firm. If you would like to arrange a free phone consultation with us regarding your marijuana charge in Columbus or central Ohio, please call 614-717-1177 or EMAIL US.