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Ohio Marijuana Laws

Although Ohio has not yet legalized the recreational use of marijuana, possession of small amounts has been decriminalized in some localities. A law permitting full-plant medical marijuana use has been signed into law, but has not yet taken effect.

Ohio Marijuana Attorneys

The following Ohio lawyers are actively involved in the practice of cannabis law:

LAW BREAKDOWN

Ohio marijuana laws do not allow use of the drug for recreational purposes, although some local authorities have decriminalized small amounts of possession. A law signed in 2016 made medical marijuana legal in the state, with product first expected to reach patients by late 2018.

Possession

It is technically a misdemeanor in Ohio to possess less than 100 grams of marijuana (roughly 3.5 ounces), but there is no jail time attached. The only penalty is a $150 fine.

Possession of between 100 and 200 grams is also a misdemeanor but is punishable by up to 30 days in jail and $250. If the amount is between 200 and 1,000 grams, the offense is a felony, punishable by up to one year in jail, along with a fine of up to $2,500.

Possessing between 1,000 and 20,000 grams comes with a penalty of between one and five years imprisonment, plus a potential $10,000 in fines. Possessing between 20,000 and 40,000 grams comes with a mandatory minimum sentence of five years in prison, a maximum of eight years, and up to $15,000 in fines.

Possession of more than 40,000 grams is punishable by a mandatory minimum sentence of eight years in prison and a potential $20,000 fine.

Sale, Distribution, or Trafficking

It is a misdemeanor, punishable by no more than $150, to gift 20 grams of marijuana or less on a first offense. On a second offense, penalties include up to 60 days in jail and $500.

Selling or distributing less than 200 grams is a felony and is punishable by up to one year in jail and $2,500. If the amount is between 200 and 1,000 grams, the maximum prison term is 18 months, and $2,500 in fines can apply.

For weights between 1,000 and 20,000 grams, the punishment is at least one year in jail, as many as five years in prison, and up to $10,000. For amounts between 20,000 and 40,000 grams, the minimum penalty is five years in prison, the maximum is eight, and the top fine is $15,000. And in cases involving more than 40,000 grams, there is a mandatory minimum of eight years in prison, plus up to $20,000 in fines.

Marijuana law in Ohio gives enhanced penalties for sale to a minor, within 1,000 feet of a school, within 100 feet of a juvenile, or by a person with a prior drug conviction.

Cultivation

Cultivation is treated as possession under Ohio marijuana law. The same weight limits and penalties apply.

Hash and Concentrates

Ohio cannabis laws provide special rules governing hashish and other forms of concentrated products. Possession of less than five liquid grams or one solid gram is a misdemeanor but carries no more than a $150 fine.

Possession of between five and 10 solid grams or one and two liquid grams of concentrate is also a misdemeanor and is punishable by at most 30 days in jail and $250. If the amount is between 10 and 50 solid grams or two and 10 liquid grams, the offense is a felony and is punishable by up to one year in jail and $2,500.

Possession of between 50 and 1,000 solid grams or 10 and 200 liquid grams carries a top penalty of three years in prison and $10,000. Penalties increase to at most eight years in prison and $15,000 for possession of at least 1,000 solid grams or 200 liquid grams.

Selling less than 10 solid or two liquid grams is likewise a felony and is punishable by up to one year in jail and $2,500. The penalty increases to at most 18 months in jail and $5,000 for selling between 10 and 50 solid grams or between two and 10 liquid grams.

Sale of between 50 and 1,000 solid grams or 10 and 200 liquid grams carries a maximum penalty of three years in prison and $10,000. That increases to eight years in prison and $15,000 for selling at least 1,000 solid grams or 200 liquid grams.

It is also a felony to make concentrates, an offense that carries up to eight years in prison and $15,000 in fines.

Paraphernalia

Small-scale paraphernalia possession is decriminalized, but sale still carries criminal penalties. Paraphernalia includes any items used in the cultivation, harvesting, processing, analysis, storage or use of marijuana, including any equipment used to manufacture concentrates.

Possession and use. Possession is a minor misdemeanor in Ohio, but comes with only a $150 fine, possible community service, and a suspension of the offender’s driver’s license for between six months and five years. Possession of concentrate-manufacturing paraphernalia is a fourth-degree misdemeanor, and the maximum penalty is 30 days in jail and a fine of $250.

Sale and distribution. Sale of paraphernalia is also a misdemeanor and carries a maximum of 90 days in jail and $750 in fines. Advertising the sale of drug paraphernalia carries the same penalties.

Sale to a minor. If paraphernalia is sold to a minor, the offense is a first-degree misdemeanor punishable by a maximum fine of $1,000 and/or a term of imprisonment of up to 180 days.

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Less than 100 g Misdemeanor N/A $ 150
100 – 200 g Misdemeanor 30 days $ 250
200 – 1,000 g Felony 1 year $ 2,500
1,000 – 20,000 g Felony 1 – 5 years $ 10,000
20,000 – 40,000 g Felony 5* – 8 years $ 15,000
More than 40,000 g Felony 8 years* $ 20,000
* Mandatory minimum sentence

Sale/Distribution/Trafficking

A gift of 20 g or less (first offense) Misdemeanor N/A $ 150
A gift of 20 g or less (second offense) Misdemeanor 60 days $ 500
Less than 200 g Felony 1 year $ 2,500
200 – 1,000 g Felony 18 months $ 2,500
1,000 – 20,000 g Felony 1 – 5 years $ 10,000
20,000 – 40,000 g Felony 5* – 8 years $ 15,000
More than 40,000 g Felony 8 years* $ 20,000
To a minor, within 1000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction will increase the term of imprisonment and the fine.
* Mandatory minimum sentence

Cultivation

See Possession

Hash & Concentrates

Possession of less than 5g/1g (solid/liquid) Misdemeanor N/A $ 150
Possession of 5g/1g – 10g/2g (solid/liquid) Misdemeanor 30 days $ 250
Possession of 10g/2g – 50g/10g (solid/liquid) Felony 1 year $ 2,500
Possession of 50g/10g – 1,000g/200g (solid/liquid) Felony 3 years $ 10,000
Possession of 1,000g/200g (solid/liquid) or more Felony 8 years $ 15,000
Selling less than 10g/2g (solid/liquid) Felony 1 year $ 2,500
Selling 10g/2g – 50g/10g (solid/liquid) Felony 18 months $ 5,000
Selling 50g/10g – 1,000g/200g (solid/liquid) Felony 3 years $ 10,000
Selling 1,000g/200g (solid/liquid) or more Felony 8 years $ 15,000
Manufacture Felony 8 years $ 15,000

Paraphernalia

Possession of paraphernalia Misdemeanor N/A $ 150
Sale of paraphernalia Misdemeanor 90 days $ 750

Miscellaneous

Any drug conviction (including a paraphernalia conviction) may result in a driver’s license suspension for a period of 6 months – 5 years.