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Ohio Marijuana Laws

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Penalty Details

Possession

Possession of less than 100 grams is a minor misdemeanor punishable by a $150 fine.*

Possession of 100 – 200 grams is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $250.

Possession of 200 – 1,000 grams is a felony, punishable by up to one year in jail and a maximum fine of $2,500.**

Possession of 1,000 – 20,000 grams is a third degree felony punishable by 1-5 years imprisonment and/or a fine of $5,000 – $10,000.

Possession of 20,000 – 40,000 grams is a second-degree felony punishable by between 5-8 years of imprisonment, and/or a maximum fine of $15,000.

Possession of more than 40,000 grams is a second-degree felony punishable by at least 8 years imprisonment and/or a maximum fine of $20,000.

See

  • Ohio Rev. Code Ann. § 2925.11 (2015)

* A minor misdemeanor does not create a criminal record in Ohio.

Cultivation

Penalties for the cultivation of marijuana are identical to the penalties for possessing an equivalent amount, in weight, of marijuana. See the chart above for further guidance.

See

  • Ohio Rev. Code Ann. §2925.04 (2015)

** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden to prove that the marijuana was intended solely for personal use by a preponderance of the evidence. If this defense is successful, the defendant can still be convicted of, or plead guilty to, a misdemeanor violation of illegal cultivation of marihuana.

Sale/Distribution/Trafficking

A gift of 20 grams or less is a minor misdemeanor punishable by a maximum fine of $150.

A second conviction for a gift of 20 grams or less is a misdemeanor punishable by a maximum sentence of 60 days imprisonment and a maximum fine of $500.

The sale of up to 200 grams is a felony, punishable by a maximum sentence of 12 months imprisonment and/or a maximum fine of $2,500.

The sale of 200 grams – 1,000 grams is a fourth degree felony, punishable by up to 18 months imprisonment and/or a maximum fine of $2,500.

The sale of 1,000 – 20,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and/or a maximum fine of $10,000.

The sale of 20,000 – 40,000 grams is a second-degree felony punishable by between 5-8 years imprisonment and/or a maximum fine of $15,000.

The sale of over 40,000 grams is a second-degree felony, punishable by a mandatory 8 years imprisonment and/or a maximum fine of $20,000.

The sale of marijuana to a minor, within 1,000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction is a felony which will increase the length of the term of imprisonment and the fine.

See

  • Ohio Rev. Code Ann. § 2925.03 (2015) 
  • Ohio Rev. Code Ann. § 2929.13 (2015) 
  • Ohio Rev. Code Ann. § 2929.18 (2015) 
  • Ohio Rev. Code Ann. § 2929.22 (2015) 

Hash & Concentrates

Possession of up to 5 grams of solid hashish (1 gram of liquid hashish) is a minor misdemeanor punishable by a fine no greater than $150.

Possession of 5-10 grams of solid hashish (1-2 grams of liquid hashish) is a misdemeanor punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days.

Possession of 10-50 grams of solid hashish (2-10 grams of liquid hashish) is a felony punishable by a maximum fine of $2,500 and/or a maximum term of 1-year imprisonment.

Possession 50 -1,000 grams of solid hashish (10 – 200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Possession of 1,000- 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony in the second degree, punishable by up to 8 years imprisonment and/ or up to a $15,000 fine.

Possession of over 2,000 grams of solid hashish (400 grams of liquid hashish) is a felony in the second degree punishable by a fine no greater than $15,000 and/or a term of imprisonment of 8 years.

See

  • Ohio Rev. Code Ann. §2925.11(C)(7) (2015) 
  • Ohio Rev. Code Ann.  §2929.28  (2015) 
  • Ohio Rev. Code Ann. §2929.24 (2015)
  • Ohio Rev. Code Ann.  §2929.18 (2015)
  • Ohio Rev. Code Ann. §2929.14 (2015)

Selling less than 10 grams of solid hashish (less than 2 grams of liquid hashish) is a felony punishable by a maximum fine of $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year.

Selling 10 – 50 grams of solid hashish (2 -10 grams) of liquid hashish is a felony punishable by a fine no greater than $5,000 and/ or a term of imprisonment no less than 6 months and no greater than 18 months.

Selling between 50 – 250 grams of solid hashish (10-50 grams of liquid hashish) is a felony, punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Selling between 250- 1,000 grams of solid hashish (50 -200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Selling between 1,000 – 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony punishable by a fine no greater than $15,000 and a term of imprisonment no less than 5 years and no greater than 8 years.

Selling over 2,000 grams of solid hashish (over 400 grams of liquid hashish) is a felony by a maximum fine of $15,000 and /or a term of imprisonment of 8 years.

See

  • Ohio Rev. Code Ann., §2925.03(C)(7) (2015)
  • Ohio Rev. Code Ann.  §2929.18 (2015) 
  • Ohio Rev,Code  Ann. §§2929.14 (2015) 

Manufacturing hashish is a felony of the second degree punishable by a maximum fine of $15,000 and/or a maximum of 8 years imprisonment.

See

  • Ohio Rev. Code Ann.  §2925.04(C)(2) (2015)
  • Ohio Rev. Code Ann. § 2929.18 (2015)
  • Ohio Rev. Code Ann. §2929.14 (2015) 

Paraphernalia

Possession of marijuana paraphernalia is a minor misdemeanor, punishable by a maximum fine of $150, possible community service, and  suspension of the offender’s driver’s license for 6 months – five years.

See

  • Ohio Rev. Code Ann. § 2925.141 (2015) 

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $750.

See

  • Ohio Rev. Code Ann. § 2925.14 (2015)
  • Ohio Rev. Code Ann. § 2929.13 (2015) 
  • Ohio Rev. Code Ann. § 2929.22 (2015) 

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possession of such equipment is a misdemeanor of the fourth degree punishable by a maximum fine of $250 and/or maximum 30-day jail sentence. Selling or manufacturing any such device or equipment is a misdemeanor of the second degree punishable by maximum fine of $750 and/or a maximum 90-day term of imprisonment. If any such device or equipment was sold to a minor, the offense is a misdemeanor in the first degree punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 180 days. Advertising the sale of such equipment is a misdemeanor, punishable by a fine no greater than $750 and a term of imprisonment no greater than 90 days.

See

  • Ohio Rev. Code Ann. §2925.14(2) (2015)
  • Ohio Rev. Code Ann. §2929.18 (2015)
  • Ohio Rev. Code Ann. §2929.14 (2015)

Miscellaneous

Any conviction for possession of a controlled substance is subject to driver’s license revocation for no less than 6 months and no more than 5 years.

See

  • Ohio Rev. Code Ann. § 2925.11(E)(2) (2015)
  • Ohio Rev. Code Ann. § 2925. 14 (2015) 
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Ohio Drugged Driving

In Ohio, a person is guilty of DUI if he or she operates any vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Ohio Rev. Code Ann. § 4511.19 (West 2010).

In Ohio the threshold for drugged driving is illustrated in the following table. Ohio’s DUI Per Se Levels Id.§ 4511.19(A)(1)(vii); Id. § 4511.19(A)(1)(viii)(I)-(II).

Prohibited Substance Urine Blood
Marijuana 10 ng/ml 2 ng/ml
Marijuana metabolite 35 ng/ml 50 ng/ml
Marijuana metabolite in combination with alcohol or other drugs 15 ng/ml 5 ng/ml

Affirmative Defense

It is a valid defense if a person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs, and the person injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions. Id. § 4511.19(K)(1)-(2).

NOTE: A doctor’s recommendation to use cannabis is NOT a prescription.

Implied Consent

  • Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle shall be deemed to have given consent to a chemical test or tests of the person’s whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person’s whole blood, blood serum or plasma, breath, or urine. Id. § 4511.191(A)(2).
  • If a person refuses to submit to chemical testing the penalty is license suspension for 1 year for the first refusal, two years for the second refusal, and three for the third refusal. Id. § 4511.191(B)(1).
  • An arrestee who refuses to submit to blood alcohol test until he or she speaks with an attorney, arrestee has essentially refused a chemical test. Dobbins v. Ohio Bur. of Motor Vehicles 75, 664 N.E.2d 908 (1996).
  • Arrestee’s request to confer with attorney before submitting to test was not refusal, where attorney had been contacted on first attempt and came to police station within 15 minutes. Stone v McCullion, 500 NE2d 326 (1985).
  • The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered. Id. § 4511.191(A)(3).

Penalties

  • First offense 1st degree misdemeanor – mandatory minimum of 3 days consecutive imprisonment; maximum of 6 months imprisonment; OR required attendance in a driver’s intervention program for 3 days; fine not less than $375, not more than $1075; 6 months to 3 year suspension. Ohio Rev. Code Ann. §§ 4511.19 (G)(1)(a)(i),(iii),(iv) (West 2010); Ohio Rev. Code Ann. §4510.02(A)(5) (West 2010).
  • Second offense (within 6 years) 1st degree misdemeanor – mandatory minimum of 10 consecutive days imprisonment, maximum imprisonment 6 months; required assessment by alcohol and drug treatment program; fine not less than $525, not more than $1,625; class 4 license suspension (1 to 5 years); offender’s vehicle and license plates impounded for 90 days. Id. §§ 4511.19 (G)(1)(b)(i),(iii)-(v); Id. § 4510.02(A)(4); Id. § 4511.193(B)(2)(a).
  • Third offense (within 6 years) misdemeanor – mandatory minimum of 30 consecutive days imprisonment; maximum of not more than 1 year Fine not less than $850, not more than $2,750; class 3 license suspension; (2 to 10 years); required participation in an alcohol and drug addiction program; criminal forfeiture of vehicle. Id. §§ 4511.19 (G)(1)(c)(i), (iii),(iv),(vi); Id. § 4511.193(B)(2)(b).
  • Fourth or Fifth offense 4th degree felony – mandatory minimum of 60 days consecutive imprisonment; maximum imprisonment for 1 to 5 years; fine not less than $1350, not more than $10,500; 3 years to life license suspension; required participation in an alcohol and drug addiction program; potential criminal forfeiture of vehicle. Id. §§ 4511.19 (G)(1)(d)(i),(iii), (vi); Id. § 4510.02(A)(2); Id. § 4511.19(G)(1)(d)(v).
  • Sixth Offense (or more) 3rd degree felony – mandatory minimum of 120 days consecutive imprisonment; imprisonment for 1 to 5 years; fine of not less than $1350, not more than $10,500; license suspension; mandatory participation in an alcohol and drug addiction program; potential criminal forfeiture of vehicle. Id. §§ 4511.19 (G)(1)(d)(i),(iii)-(v).

Sobriety Checkpoints

In Ohio, law enforcement officials can conduct sobriety checkpoints under state and federal Constitution.

  • Public interest was unquestionably advanced in an effective manner by sobriety checkpoint. Furthermore, police were not granted unfettered discretion, the checkpoint was publicly announced and cars were stopped in a non-discriminatory fashion. State v. Bauer, 651 N.E. 2d 46 (1994).

Case Law

State v. McLemore, 612 N.E.2d 795 (1992) — Positive urinalysis test for cannabis, along with signs of impaired driving, failed field sobriety tests, and cannabis in the defendant’s car, was sufficient to support a conviction for driving under the influence of marijuana. No threshold level of concentration of controlled substances is required.

Columbus v. Freeman, 908 N.E.2d 1026 (2009) — In Ohio, an intoxicated individual may use a vehicle as shelter, but may not operate a vehicle. ‘Operate’ is defined as “to cause or have caused movement of a vehicle.” Ohio does not have a safe harbor provision allowing drivers to pull over and sleep it off. You may still be charged with operating a vehicle while intoxicated if it can be proven you drove while intoxicated.

Per Se Drugged Driving Laws

Ohio has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Ohio’s law, motorists with detectable levels of THC in the blood above 2 ng/ml or detectable levels of THC-COOH in the urine above 15 ng/ml are guilty of DUID. (Ohio Revised Code Annotated Section 4511.19, Amended by Senate Bill 8)

Penalty:

  • If violated, a mandatory jail term of three consecutive days (seventy-two consecutive hours.) The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.
  • The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction and requires the offender to attend, for three consecutive days, a drivers’ intervention program.
  • License may be suspended from a definite period of six months to five years.

Ohio’s law took effect in August 2006.

Ohio Medical Marijuana Law

Status

 

Not Yet Operational

Law Signed:

 2016

QUALIFYING CONDITIONS

  • Acquired immune deficiency syndrome (AIDS)
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (Lou Gehrig’s disease)
  • Cancer
  • Chronic traumatic encephalopathy
  • Crohn’s disease
  • Epilepsy or other seizure disorders
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • Inflammatory bowel disease
  • Multiple Sclerosis
  • Pain that is either of the following nature: (i) Chronic and severe; or (ii) Intractable
  • Parkinson’s disease
  • Positive status for HIV
  • Post-traumatic stress disorder
  • Sickle cell anemia
  • Spinal cord disease or injury
  • Tourette’s syndrome
  • Traumatic brain injury
  • Ulcerative colitis

PATIENT POSSESSION LIMITS

Not yet specified. Cannabis-specific products may be dispensed as oils, tinctures, edibles, patches, or as herbal material

HOME CULTIVATION

No, but provisions in the law provide limited legal protections for qualifying patients who acquire cannabis from out-of-state sources prior to the operation of state-licensed dispensaries.

STATE-LICENSED DISPENSARIES

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Not yet

CAREGIVERS

No

RECIPROCITY

Not specified