Marijuana Manufacturing and Cultivation Attorney in Cincinnati, Ohio

Is Marijuana Cultivation Now Legal in Cincinnati?

Ohio’s new adult-use recreational marijuana laws permit the cultivation of up to 6 plants per individual (12 per household) for personal use. But cultivation beyond these limits can still lead to criminal charges.

When is Growing Cannabis Illegal?

Under Ohio’s new law, adults 21 and older can legally grow up to 6 marijuana plants per person (12 per household), but this must be done in a secured, enclosed area such as a closet, room, or greenhouse. Publicly accessible or open-yard cultivation is illegal. Growers must also restrict access to anyone under 21. Additionally, landlords can prohibit tenants from cultivating or smoking marijuana on their property. Violations, including growing beyond legal limits or in unsecured areas, can result in misdemeanor criminal charges.

Illegal cultivation and growing of marijuana is a serious criminal offense in Ohio. Marijuana is classified as a Schedule I substance in Ohio, which means that it has a high risk of addiction and dependency in addition to having a recognized medical value. In some states, growing marijuana is legal and is permitted for medicinal use. In Ohio, the growing, cultivation, production or manufacturing of marijuana in any form is strictly illegal. It is considered both a state and federal offense. Penalties typically include extensive prison time and fines, which can vary based the amount of marijuana involved and whether the offense occurred near a school or minor.

Illegal cultivation and growing of marijuana is defined according to the Ohio Revised Code (ORC 2925.04) as anyone who knowingly cultivates, grows, manufactures or engages in the production of marijuana or substances containing marijuana. “Knowingly” means someone who purposefully conducts themselves in a way that they have the knowledge or intent to grow or cultivate marijuana. Our drug cultivation and manufacturing attorneys can help you understand your charges.

Illegal Cultivation and Growing of Marijuana Penalties in Ohio

If you are convicted for the illegal cultivation and growing of marijuana in Ohio, the penalties that you will face are dependent the amount of marijuana that was cultivated and whether the offense was near a school or minor.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 100 and 200 grams, then you will be charged with a fourth degree misdemeanor and face a maximum of 30 days in jail and up to $150 in fines.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 100 and 200 grams and the offense was near a school or minor, then you will be charged with a third degree misdemeanor. This entails up to 60 days in jail and a maximum fine of $150.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 200 grams and 1 kilogram, you will be charged with a fifth degree felony. This entails at least six and up to 1 year in prison in addition to fines up to $2,500.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 200 grams and 1 kilogram and the offense occurred near a school or a minor, then you will be charged with a fourth degree felony. This entails at least six and up to 18 months in prison, in addition to $5,000 in fines.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 1 kilogram and 5 kilograms, then you will be charged with a third degree felony. This entails a minimum of 1 year and up to five years in prison in addition to fines up to $10,000.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 1 kilogram and 5 kilograms and the offense occurred near a school or near a minor, then you will be charged with a second degree felony. This entails at least two and up to eight years in prison in addition to fines up to $15,000.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between five and 20 kilograms, then you will be charged with a third degree felony. This entails at least one and up to five years in prison in addition to fines up to $10,000.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between five and 20 kilograms and the offense occurred near a school or a minor, then you will be charged with a second degree felony. This entails at least two and up to eight years in prison in addition to fines up to $15,000.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is greater than 20 kilograms, you will be charged with a second degree felony. This entails at least two and up to eight years in prison in addition to fines up to $15,000.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is greater than 20 kilograms and the offense occurred near a school or a minor, then you will be charged with a first degree felony. This entails at least three and up to 10 years in prison and up to $20,000 in fines.

Collateral Consequences for Manufacturing and Cultivation

In addition to prison time and hefty fines, an illegal cultivation and growing of marijuana conviction will have a negative impact on other areas of your life as well. You may face difficulty keeping or finding a job, furthering your education, maintaining professional licenses and having custody of your children.

If you are convicted of illegal cultivation and growing of marijuana, you will also face a possible driver’s license suspension.

Defenses for Illegal Cultivation & Growing of Marijuana

Regardless of what the facts and circumstances of your case are, there are defenses that can be raised on your behalf. Cincinnati drug attorneys from LHA will take the time to examine what legal strategies are most appropriate in defending your case.

Perhaps there is an explanation for why you were engaged in illegal cultivation and growing of marijuana. You may be a valid medical marijuana patient. Perhaps you have a substance abuse problem or are going through a difficult period in your life. Regardless what happened in your case, there are ways of mitigating these factors and potentially receiving a lesser sentence.

The following are a list of factors that are taken into consideration in determining whether there were any errors made in your case:

• Whether there were any search warrants issued without probable cause;
• Whether an illegal search was conducted;
• Whether your Fourth Amendment rights were violated;
• Whether illegal forms of surveillance were involved;
• Whether your Miranda Rights were read in their entirety;
• Whether any evidence was illegally obtained;
• Whether lab results and analysis were handled properly.

If you are facing your first conviction for illegal cultivation and growing or marijuana in Ohio, the court may be more lenient with your sentence. A clean criminal record can will undoubtedly work to your advantage if you are convicted. Cincinnati marijuana attorneys from LHA will do everything in their power to argue for a reduction in your charges and minimizing your penalties.

Charged with Marijuana Manufacturing & Cultivation? We Can Help.

Ohio drug laws are incredibly complex, which is why fighting illegal cultivation charges on your own can quickly get you into real trouble. If you are arrested for growing weed in Cincinnati, your best defense is the help of an experienced Cincinnati marijuana manufacturing and cultivation lawyer. Your Cincinnati drug crime attorney can help create the best defense strategy for your unique case and ensure that you have the best outcome possible.

At Luftman, Heck, and Associates, our Cincinnati drug lawyers have years of experience fighting these kinds of charges, and we are prepared to do everything we can to represent your best interests. With our team headed by Brad Groene on your side, you will have the best chance to fight the charges successfully. We are available for our clients 24/7, so call our offices right now at (513) 338-1890 to set up a free consultation on your case.