| Marijuana Laws in Ohio | |||
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| POSSESSION | |||
| Less than 100 g | minor misdemeanor*** | none | $100 |
| 100 g to 200 g | misdemeanor of 4th degree | not more than thirty days and/or fine | $250 |
| 200 g to 1000 g | 5th degree felony | 6 months - 1 year and/or fine | $2,500 |
| 1000 g to 5000 g | 3rd degree felony | 1 - 5 years and/or fine | $10,000 |
| 5000 g to 20,000 g | 3rd degree felony | 1 - 5 years** and/or fine | $10,000 |
| 20,000 g or more | 2nd degree felony | 2-8* years and/or fine | $15,000 |
| *Mandatory minimum sentence. **Presumption of prison. ***A minor misdemeanor does not create a criminal record in Ohio |
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| CULTIVATION | |||
| Less than 100 g | minor misdemeanor*** | none | $100 |
| 100 g to 200 g | 4th degree misdemeanor | not more than 30 days and/or fine, if near school or juvenile- 3rd degree misdemeanor and/or fine | $250-$500 |
| 200 g to 1000 g | 5th degree felony | 6 months-1 year and/or fine, if near school or juvenile-4th degree felony 6-18 months and/or fine | $2500-$5000 |
| 1000 g to 5000 g | 3rd degree felony | 1-5 years and/or fine, if near school or juvenile -2nd degree felony 2-8 years and/or fine | $10,000-$15,000 |
| 5000 g to 20,000 g | 3rd degree felony | 1-5 years and/or fine, if near school or juvenile -2nd degree felony 2-8 years and/or fine** | $10,000-$15,000 |
| 20,000 g or more | 2nd degree felony | 2-8 years MMS* and/or fine | $15,000 |
| Any possession less than 5,000 may be probation only. *Mandatory minimum sentence. **Presumption of prison ***A minor misdemeanor does not create a criminal record in Ohio |
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| SALE OR DISTRIBUTION | |||
| gift of 20 g or less | minor misdemeanor*** | none | $100 |
| less than 200 g | felony | 6 - 18 months | variable |
| 200 g to 600 g | felony | 1 - 5 years | variable |
| 600 g or more | felony | 6 months MMS* | variable |
| To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions | felony | increased penalty | increased penalty |
| *Mandatory minimum sentence. ***A minor misdemeanor does not create a criminal record in Ohio |
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| MISCELLANEOUS | |||
| Paraphernalia possession | misdemeanor | 30 days | $750 |
| Paraphernalia sale | misdemeanor | 90 daysy | $1,000 |
| Any drug conviction causes driver's license suspension for 6 months to 5 years Professional licenses are suspended. |
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| DETAILS | |||
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Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison. Delivery of 20 grams or less, for no remuneration, is considered possession and is punished with a fine of $100. Sale or distribution of less than 200 grams carries a penalty of 6 - 18 months in jail. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 600 grams or greater carries a mandatory minimum sentence of six months and a possible 2 - 8 year sentence. Sale to minors, sale within 1,000 feet of a school, sale within 100 feet of a juvenile, and previous felony drug convictions all increase the penalty for the sale or distribution of marijuana. Possession of paraphernalia is punishable by up to 30 days in jail and sale of paraphernalia is punishable by up to 90 days in jail. For all drug convictions, including minor misdemeanors, the offender's driver's license is also suspended for a period of 6 months - 5 years. Professional licenses are also suspended. |
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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. 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. 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 any 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 threshold. For more information, see NORML's Drugged Driving (DUID) report. |
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