Marijuana Offenses In Ohio

Marijuana Charges In Columbus And Central Ohio
Marijuana offenses are the most common drug crimes in Ohio. Although ‘recreational marijuana’ was legalized in December of 2023, there are still laws which prohibit certain marijuana possession, use, cultivation, transportation, and transfer. Even possessing a small amount of marijuana (over 2.5 grams) can have a significant impact on your life if you are convicted. In addition to the sentence imposed by the judge, which may include a driver’s license suspension, a conviction will be a drug-related criminal record which may affect professional licensing, student financial aid, employment opportunities, and more. If you have been charged with a marijuana crime and hope to avoid or reduce those consequences, you may want to contact a criminal defense attorney for marijuana charges in Columbus and central Ohio.

Attorney For Marijuana Crimes In Columbus And Central Ohio
The Dominy Law Firm has practiced criminal defense in Columbus and Central Ohio since 1997. During that time, we have represented many clients charged with marijuana offenses. Our experience ranges from minor misdemeanor marijuana possession to felony marijuana cultivation. We practice in Franklin County, Delaware County, and other courts throughout central Ohio.

Ohio’s Recreational Marijuana Laws
In Ohio, an individual who is at least 21 years of age is permitted to purchase marijuana, but only from an ‘adult use dispensary’ licensed by the Ohio Division of Cannabis Control. An individual who is at least 21 years of age is permitted to use, possess, transport, and transfer a limited amount of marijuana and marijuana extract. The limits are 2.5 grams of marijuana and 15 grams of marijuana extract. If the limits are exceeded, the person may be prosecuted for marijuana possession and/or marijuana trafficking.

An individual who is at least 21 years of age is permitted to grow and process a limited number of cannabis plants at the individual’s primary residence and give away a limited number of cannabis plants to another individual who is at least 21 years of age. The limit is six cannabis plants. If the limit is exceeded, the person may be prosecuted for marijuana cultivation and/or marijuana trafficking.

Misdemeanor Marijuana Offenses and Sentences In Columbus And Central Ohio
Possession. If the charge is marijuana possession and the amount of marijuana possessed is greater than 2.5 grams but less than 100 grams, marijuana possession in Ohio is a minor misdemeanor and does not carry a jail term. If the amount is between 100 grams and 199 grams, marijuana possession in Ohio is a fourth degree misdemeanor carrying a jail term of up to 30 days and probation up to five years. Both charges carry a possible driver license suspension.

Cultivation. If the charge is marijuana cultivation and the amount cultivated is less than 100 grams, marijuana cultivation is a minor misdemeanor. If the amount cultivated is between 100 grams and 199 grams, the charge is a fourth-degree misdemeanor carrying a jail term of up to 30 days and probation up to five years. The level of the charge is enhanced if the offense is committed within the vicinity of a school or juvenile. Misdemeanor cultivation charges may result in a driver license suspension.
Felony Marijuana Crimes and Punishments In Columbus And Central Ohio
Possession. For marijuana possession, if the amount is between 200 grams and one kilogram, marijuana possession in Ohio is a fifth degree felony carrying a prison term of up to one year and probation up to five years. If the amount is between one kilogram and five kilograms, marijuana possession in Ohio is a third degree felony carrying one year to five years in prison. If the amount is between five kilograms and 20 kilograms, marijuana possession in Ohio is a third degree felony, and there is a presumption that a prison sentence will be imposed. If the amount is between 20 kilograms and 40 kilograms, marijuana possession in Ohio is a second degree felony carrying a mandatory five to eight years in prison. If the amount is over 40 kilograms, marijuana possession in Ohio is a second degree felony carrying a mandatory eight years in prison. For every felony marijuana possession conviction, there is a possible driver license suspension from six months to five years.

Cultivation. For marijuana cultivation, if the amount is between 200 grams and one kilogram, marijuana cultivation in Ohio is a fifth degree felony carrying a prison term of up to one year and probation up to five years. If the amount is between one kilogram and five kilograms, marijuana cultivation in Ohio is a third degree felony carrying one year to five years in prison. If the amount is between five kilograms and 20 kilograms, marijuana cultivation in Ohio is a third degree felony, and there is a presumption that a prison sentence of one year to five years will be imposed. If the amount is over 20 kilograms, marijuana cultivation in Ohio is a second degree felony carrying two to eight years in prison, and there is a presumption that a prison sentence will be imposed. If the marijuana cultivation occurs within the vicinity of a school or juvenile, the level of the offense is increased by one degree. For every felony marijuana cultivation conviction, there the possibility of a driver’s license suspension from six months to five years.

Disclaimer: The offense levels and potential sentences for marijuana offenses are somewhat complex. What is presented in this website is an informational summary and is not intended to be a comprehensive reproduction of Ohio drug laws. In addition, the Ohio legislature may change these details at any time. This summary is accurate as of the publication of this website page.

Strategies For Marijuana Crimes In Columbus And Central Ohio
When the Dominy Law Firm represents a client for marijuana charges, we take a two-part approach. First, we investigate the availability of a diversion program or intervention in lieu of conviction which may lead to the charge being dismissed without a conviction. Second, we obtain the prosecution’s evidence to evaluate the strength of the case, discuss possible defenses, and determine the best course of action.

If a diversion program is not an option, the best course of action may be a program, it may be a plea agreement, or it may be a trial. We examine problems with the prosecution’s case, such as physical evidence obtained in violation of Fourth Amendment rights, confessions obtained in violation of Fifth Amendment rights, misidentification, chain of custody issues, constructive possession, inconclusive circumstantial evidence, incorrect analysis, and incorrect measurement. In every case, we seek the best possible outcome for the circumstances.

Representation For Marijuana Offenses In Columbus And Central Ohio
The Dominy Law Firm is focused exclusively on criminal defense, and we have been representing clients charged with marijuana crimes in Columbus and central Ohio since 1997. We limit the number of cases we accept so we can provide outstanding service to every client. We charge flat fees for representation in marijuana cases, so you will know the total fee before representation begins. If you would like to discuss representation for a marijuana offense, please submit a CONTACT FORM or call 614-717-1177 to arrange a free consultation.