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The following summary of marijuana laws in Ohio is provided by the National Organization for the Reform of Marijuana Laws; please be advised this information is for reference only and local law in your jurisdiction may carry stiffer penalties. Please seek the advice of professional council if you have been arrested for a drug law violation. OPN members may request a legal referral by emailing legal@ohiopatient.net Others may use the legal references provided by NORML | |
Incarceration |
Fine | | Possession | | Less than 100 g | civil citation | none | $100 | | 100 g to 200 g | misdemeanor | none | variable | | 200 g to 1000 g | misdemeanor | 6 months - 1 year | variable | | 1000 g to 5000 g | felony | 1 - 5 years | variable | | 5000 g to 20,000 g | felony | 1 - 5 years** | variable | | 20,000 g or more | felony | 8 years MMS* | variable | *Mandatory minimum sentence.
**Presumption of prison. | | Cultivation | | Less than 100 g | civil citiation | none | $100 | | 100 g to 200 g | misdemeanor | 30 days | variable | | 200 g to 1000 g | felony | 1 year | variable | | 1000 g to 5000 g | felony | 1 - 5 years | variable | | 5000 g to 20,000 g | felony | 1 - 5 years** | variable | | 20,000 g or more | felony | 2 years MMS* | variable | Any possession less than 5,000 may be probation only.
*Mandatory minimum sentence.
**Presumption of prison | | Sale | | 20 g or less (is considered possession) | civil citation | none | $100 | | Less than 200 g | misdemeanor or 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. | | Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | | Paraphernalia possession | misdemeanor | 30 days | $750 | | Paraphernalia sale | misdemeanor | 90 days | $1,000 | Any conviction causes driver's license suspension for 6 months to 5 years.
Professional licenses are suspended. |
| Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. No criminal record is created by such citation. 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.
Sale or 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 possess. Professional licenses are also suspended.
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