Marijuana in Ohio: Laws and Common Defenses Explained

The laws surrounding marijuana can be complicated and often vary depending on the amount involved and the specific circumstances. Anyone facing charges related to marijuana use and possession in Ohio needs to understand these laws and their potential defenses.

Ohio’s Marijuana Laws

Ohio decriminalized the possession of recreational marijuana in December 2023. Adults over 21 can now have up to 2.5 ounces of cannabis and grow up to six plants. The law also provides protection against discrimination regarding the responsible use of marijuana.

However, there are several limitations and regulations in place regarding the where and how of marijuana possession. For example, use in public areas or as a passenger in a vehicle is a minor misdemeanor that carries a $150 fine. Landlords can also forbid tenants from growing plants on their property if such behavior is outlined in the lease.

Likewise, there are rules regarding cannabis company licensing and local control of such businesses. Cannabis is now taxed, much like alcohol, and employers can still enact their own rules about employee marijuana use.

Likewise, medical use is permitted under certain conditions, often requiring a recommendation from a certified physician and registration with the state. A license is also required for use, and the substance must be bought from a licensed dispensary that adheres to state regulations.

All of this doesn’t mean that someone found with marijuana on their person can’t be charged with a criminal offense.

There’s no statewide penalty for having less than 70 grams of cannabis. However, any amount between 70 and 200 grams is a misdemeanor, with potential penalties of up to 30 days in jail and a $250 fine. Anything over 200 grams is a felony.

The severity of the repercussions differs depending on the amount. In a worst-case scenario, if a person is found with over 40,000 grams of marijuana (a little over 88 pounds), they could face up to eight years in prison and $15,000 in fines.

Fighting Marijuana Charges

If you’re facing a marijuana-related charge in Ohio, there are several possible defenses available.

Illegal Search and Seizure

If law enforcement officers conducted an illegal search without a warrant or probable cause, they violated the Fourth Amendment, and any evidence they found is inadmissible in court.

Lack of Possession

The police must be able to prove possession. If they didn’t discover the substance on your person, you can argue that you didn’t have control or ownership.

Medical Use

Registered medical marijuana patients might be able to use their health condition as a defense, provided they can show that they’ve complied with all state regulations.

Insufficient Evidence

In cases where evidence is weak and circumstantial, your attorney can argue for dismissal or reduced charges.

Entrapment

If police induced you to commit a crime you wouldn’t have committed otherwise, entrapment may be an effective defense.

Give Yourself a Strong Defense

Because of the many complexities of Ohio’s marijuana laws, it’s highly recommended that you contact a skilled criminal defense attorney for assistance fighting your charges. Your lawyer will uphold your rights throughout the legal process and help you mount an effective defense against your charges.