Marijuana in Ohio: Laws and Common Defenses Explained
Ohio drug crime convictions carry steep penalties that can change your life by making it harder to do nearly everything from finding a job to securing housing. While Ohio voters passed Issue 2 and legalized recreational marijuana in November 2023, there are still some gray areas concerning marijuana law in Ohio.
At the Law Offices of Saia, Marrocco & Jensen Inc., we want to help you understand Ohio’s new marijuana laws and explain common strategies experienced defense lawyers use when protecting individuals accused of drug crimes.
Ohio Marijuana Laws
Recently, Ohio has had to revamp its marijuana laws. Issue 2, which Ohio voters passed, legalized the adult purchase and possession of up to 2.5 ounces of marijuana. Additionally, adults over 21 can grow six cannabis plants with a maximum of 12 plants per household. Technically, as long as you follow the legal parameters of cannabis possession and consumption, you cannot face a marijuana criminal offense in Ohio. However, that does not mean that individuals can never face drug charges related to marijuana.
For example, possession of more than 2.5 ounces of marijuana is still prohibited. Marijuana is also still an illegal Schedule I drug according to federal law. This means there are significant state and federal drug and marijuana laws that an individual can violate that will land them in hot water.
Ohio Marijuana Charges and Penalties
Two and a half ounces of marijuana roughly translates to about 70 grams, so individuals in Ohio can reasonably possess up to 70 grams of cannabis for personal consumption. Possession of larger quantities of the substance can land you with significant drug charges, including:
- Less than 100 grams – Minor misdemeanor, fines up to $150
- 100 to 199 grams – 4th degree misdemeanor, fines up to $250, up to 30 days in jail
- 200 to 999 grams – 5th degree felony, fines up to $2,500, six to 12 months in prison
- 1,000 to 4,999 grams – 3rd degree felony, fines up to $10,000, one to five years in prison
- 5,000 to 19,999 grams – 3rd degree felony, fines up to $10,000, one to five years in prison
- 20,000 grams or more – 2nd degree felony, fines up to $15,00, mandatory eight years in prison
Individuals may also face marijuana charges related to illegal marijuana cultivation and trafficking in marijuana.
Potential Defenses to Ohio Marijuana Charges
Depending on the circumstances of your case, there are defense strategies that an attorney can use to seek a dismissal of the charges against you or mitigate a potential sentence. Some of the possible defense tactics that may apply can include:
- Violation of your rights
- Illegal search and seizure
- Mistaken identity
- Statute of limitations expiration
- Evidence tampering
- Evidence contamination
Contact an Ohio Criminal Defense Attorney Now
Ohio voters may have legalized recreational marijuana, but that doesn’t mean that all marijuana charges are a thing of the past. Marijuana charges are serious, meaning you need an experienced Ohio criminal defense attorney with the Law Offices of Saia, Marrocco & Jensen Inc. on your side now. Contact our office immediately and set up a confidential legal consultation.