Marijuana possession in Ohio is a commonly occurring criminal offense.
Although marijuana possession is not typically considered as serious of a charge as other possession controlled substances, possessing marijuana can either be a misdemeanor or felony in Ohio, depending how the amount that you possessed. Getting caught with marijuana is understandably a nerve wracking and frightening experience for anyone.
Marijuana possession is defined according to the Ohio Revised Code (ORC 2925.11) as having the knowledge and / or reasonable understanding that the substance is you possess is marijuana. Knowledge is further defined as having a specific intent and purpose to possess marijuana. A reasonable understanding is based on what the average person would believe in the given situation.
Marijuana encompasses cannabis, pot, bud, chronic, weed, or ganja, but does not include any resin from the plant.
Marijuana Possession Penalties
Ohio marijuana possession penalty breakdown
- Less than 100 grams
minor misdemeanor with a $100 fine
- Between 100 and 200 grams
fourth degree misdemeanor with up to 30 days in jail and up to $250 in fines
If you are convicted of marijuana possession in Ohio, the penalties that you will face are based on the amount of marijuana that you possessed (ORC 2925.11). The potential penalties that you may face are applicable to any compound, mixture or substance containing marijuana other than hashish.
- If you are convicted for possessing less than 100 grams of marijuana, you will face a minor misdemeanor charge. This entails a fine of $100.
- If you are convicted for possessing between 100 and 200 grams of marijuana, you will face a fourth degree misdemeanor. This entails up to 30 days in jail and up to $250 in fines.
- If you are convicted for possessing between 200 and 1,000 grams of marijuana, you will face a fifth degree felony. This entails at least six months and up to one year in prison in addition to fines up to $2,500.
- If you are convicted for possessing between 1,000 and 5,000 grams of marijuana, you will face a third degree felony charge. This entails at least one year and up to five years in prison in addition to fines up to $10,000.
- If you are convicted for possessing between 5,000 and 20,000 grams of marijuana, you will face a third degree felony. This entails at least one year and up to five years in prison in addition to fines up to $10,000.
- If you are convicted for possessing 20,000 or more grams of marijuana, then you will face a second degree felony. This entails at least two and up to eight years in prison and up to $15,000 in fines.
Due to the fact that Ohio marijuana laws are complicated, you should always consult with a knowledgeable Cincinnati Criminal Defense attorney who will best be able to provide you proper counsel regarding the specific facts and circumstances of your case.
Other Consequences of a Marijuana Possession Conviction
A marijuana possession conviction can potentially have a negative, unforgiving impact on your life. Aside from spending time in jail or prison and hefty fines, it can result in serious consequences such as:
- Difficulty keeping or finding a job
- Financial difficulty
- Difficulty continuing or furthering your education
- Difficulty maintaining custody of your children
- Maintaining professional licensures
- Possible driver’s license suspension
Defending Possession of Controlled Substance Offenses
Regardless of what the facts and circumstances of your case are, there are defenses that can be raised on your behalf. Cincinnati marijuana possession lawyer Brad Groene 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 in possession of marijuana –the marijuana was not yours and / or someone placed it in your belongings without your consent or knowledge. Perhaps there is a different reason as to why you possessed marijuana; you have a substance abuse problem or are going through a difficult period in your life. You may be a medical marijuana patient. 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 of marijuana possession in Ohio, the court may be more lenient with your sentence. A clean criminal record can and will undoubtedly work to your advantage when the court sentences you. The Cincinnati Criminal Defense Attorneys will do everything in their power to negotiate a reduction in your charge and minimizing your penalties.
Every day in Cincinnati, hundreds of individuals are charged with marijuana possession. Although each case is different, it is imperative that you obtain an experienced, knowledgeable and compassionate attorney who will vigorously fight for your legal rights and best interests. Cincinnati marijuana possession lawyer Brad Groene has successfully defended hundreds of individuals charged with marijuana possession. Their knowledge, experience and compassion for your case will help you receive the justice you deserve.
Facing Charges? Call a Cincinnati Marijuana Possession Lawyer Today.
Ohio drug laws are incredibly complex, which is why fighting distribution charges on your own can quickly get you into real trouble. If you are arrested for distribution of amphetamines, your best defense is the help of an experienced Cincinnati drug 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.