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Ohio Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Less than 100 g misdemeanor N/A $ 150
100 - 200 g misdemeanor 30 days $ 250
200 - 1000 g felony 6 mos - 1 year $ 2,500
1000 - 5000 g felony 1 - 5 years $ 10,000
5000 - 20,000 g felony 1 - 5 years $ 10,000
20,000 - 40,000 g felony 5* - 8 years $ 15,000
More than 40,000 g felony 8 years* $ 15,000
* Mandatory minimum sentence

Sale/Distribution/Trafficking

A gift of 20 g or less (first offense) misdemeanor N/A $ 150
A gift of 20 g or less (second offense) misdemeanor 60 days $ 500
Less than 200 g felony 1 year $ 2,500
200 - 1000 g felony 6 mos - 1.5 years $ 2,500
1000 - 5000 g felony 1 - 5 years $ 2,500
5000 - 20,000 g felony 1 - 5 years $ 2,500
20,000 - 40,000 g felony 5* - 8 years $ 2,500
More than 40,000 g felony 8 years* $ 2,500
To a minor, within 1000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction will increase the term of imprisonment and the fine.
* Mandatory minimum sentence

Cultivation

See Possession

Hash & Concentrates

Possession of less than 5g/1g (solid/liquid) misdemeanor N/A $ 150
Possession of 5g/1g - 10g/2g (solid/liquid) misdemeanor 30 days $ 250
Possession of 10g/2g - 50g/10g (solid/liquid) felony 1 year $ 2,500
Possession of 50g/10g - 1,000g/200g (solid/liquid) felony 3 years $ 10,000
Possession of 1,000g/200g (solid/liquid) or more felony 8 years $ 15,000
Selling less than 10g/2g (solid/liquid) felony 1 year $ 2,500
Selling 10g/2g - 50g/10g (solid/liquid) felony 18 mos $ 5,000
Selling 50g/10g - 1,000g/200g (solid/liquid) felony 3 years $ 10,000
Selling 1,000g/200g (solid/liquid) or more felony 8 years $ 15,000
Manufacture felony 8 years $ 15,000

Paraphernalia

Possession of paraphernalia misdemeanor N/A $ 150
Sale of paraphernalia misdemeanor 90 days $ 750

Miscellaneous (license suspensions, civil damages, etc...)

Any drug conviction (including a paraphernalia conviction) may result in a driver's license suspension for a period of 6 mos - 5 years.

Penalty Details

Possession and Cultivation

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 fifth degree felony punishable by a prison sentence of 6-12 months and a maximum fine of $2,500.**

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

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

Possession of more than 20,000-40,000 grams is a second degree felony punishable by a minimum sentence of 5 years, a maximum sentence of 8 years imprisonment, and a maximum fine of $15,000.

Possession of more than 40,000 grams is a second degree felony punishable by a mandatory 8 year sentence and a maximum fine of $15,000.

"Possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

See:

  • Ohio Revised Code 2011, §2925.11

"Marihuana does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination."

See:

  • Ohio Revised Code 2011, §3719.01 (O)

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

** 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.

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 Revised Code 2011, §2925.04
  • Section 2929.13 of the Ohio Revised Code
  • Section 2929.18 of the Ohio Revised Code
  • Section 2929.22 of the Ohio Revised Code

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 less than 200 grams is a felony which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $2,500.

The sale of 200 grams-1,000 grams is a fourth degree felony punishable by a sentence of 6-18 months imprisonment and a variable fine.

The sale of 1,000-5,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and a variable fine.

The sale of 5,000-20,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and a variable fine with a judicial presumption of imprisonment.

The sale of 20,000-40,000 grams is a second degree felony punishable by a mandatory sentence of between 5-8 years imprisonment and a variable fine.

The sale of over 40,000 grams is a second degree felony punishable by a mandatory sentence of 8 years.

The sale 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:

  • Section 2925.03 of the Ohio Revised Code
  • Section 2929.13 of the Ohio Revised Code
  • Section 2929.18 of the Ohio Revised Code
  • Section 2929.22 of the Ohio Revised Code

Hash & Concentrates

Ohio defines hashish as "the resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form."

See:

  • Ohio Revised Code 2012, §2925.01(Z)

Possession of less than 5 grams of solid hashish or 1 gram of liquid hashish is a minor misdemeanor punishable by a fine no greater than $150.

Possession of more than five but less than ten grams of solid hashish or more than 1 but less than 2 grams of liquid hashish is a misdemeanor of the fourth degree punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days.

Possession of more than 10 but less than 50 grams of solid hashish or more than 2 but less than 10 grams of liquid hashish is a felony of the fifth degree punishable by a fine no greater than $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year.

Possession of more than 50 but less than 250 grams of solid hashish or more than 10 but less than 50 grams of liquid hashish is a felony in the third degree 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 more than 250 but less than 1,000 grams of solid hashish or more than 50 but less than 200 grams of liquid hashish is a felony in the third degree punishable by a fine no greater than $10,000 and a term of imprisonment no less than 9 months and no greater than 3 years.

Possession of more than 1,000 but less than 2,000 grams of solid hashish or more than 200 but less than 400 grams of liquid hashish is a felony in the second degree 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.

Possession of more than 2,000 grams of solid hashish or 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 Revised Code 2012, §2925.11(C)(7)
  • Ohio Revised Code 2012, §2929.28
  • Ohio Revised Code 2012, §2929.24
  • Ohio Revised Code 2012, §2929.18
  • Ohio Revised Code 2012, §2929.14

Selling or distributing less than 10 grams of solid hashish or less than 2 grams of liquid hashish is a felony in the fifth degree punishable by a fine no greater than $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the fourth degree 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 or distributing more than 10 but less than 50 grams of solid hashish or more than 2 but less than 10 grams of liquid hashish is a felony in the fourth degree 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. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the third degree 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 or distributing more than 50 but less than 250 grams of solid hashish or more than 10 but less than 50 grams of liquid hashish is a felony of the third degree 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. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, it is a felony in the second degree punishable by a fine no greater than $15,000 and/or a term of imprisonment no less than 2 years and no greater than 8 years.

Selling or distributing more than 250 but less than 1,000 grams of solid hashish or more than 50 but less than 200 grams of liquid hashish is a felony of the third degree 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. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the second degree punishable by a fine no less than $15,000 and/or a term of imprisonment no less than 2 years and no greater than 8 years.

Selling or distributing more than 1,000 but less than 2,000 grams of solid hashish or more than 200 but less than 400 hundred grams of liquid hashish is a felony of the second degree 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. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the first degree punishable by a fine no greater than $20,000 and/or a term of imprisonment of 11 years.

Selling or distributing more than 2,000 grams of solid hashish or more than 400 grams of liquid hashish is a felony of the second degree punishable by a fine n greater than $15,000 and /or a term of imprisonment of 8 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the first degree punishable by a fine no greater than $20,000 and/or a term of imprisonment of 11 years.

See:

  • Ohio Revised Code 2012, §2925.03(C)(7)
  • Ohio Revised Code 2012, §2929.18
  • Ohio Revised Code 2012, §2929.14

Manufacturing of hashish is a felony of the second degree punishable by a fine of $15,000 and/or a term of imprisonment no less than $15,000 and a term of imprisonment no less than 2 years and no greater than 8 years. If the offense occurred within 1,000 feet of a school or 100 feet of a minor, the offense is a felony in the first degree punishable by a fine no greater than $20,000 and/or a term of imprisonment no less than 3 years and no greater than 11 years.

See:

  • Ohio Revised Code 2012, §2925.04(C)(2)
  • Ohio Revised Code 2012, §2929.18
  • Ohio Revised Code 2012, §2929.14

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possession or use of any such device or equipment is a misdemeanor of the fourth degree punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days. Selling or manufacturing any such device or equipment is a misdemeanor of the second degree punishable by a fine no greater than $750 and/or a term of imprisonment no greater than 90 days. 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 or manufacture of any such device or equipment is a misdemeanor of the second degree punishable by a fine no greater than $750 and a term of imprisonment no greater than 90 days.

See:

  • Ohio Revised Code 2012, §2925.14(2)
  • Ohio Revised Code 2012, §2929.18
  • Ohio Revised Code 2012, §2929.14

Paraphernalia

Possession of marijuana paraphernalia in a minor misdemeanor, punishable by a maximum fine of $150, possible community service, and a six month to five year suspension of the offender's driver's license.

See:

  • Sec. 2925.141 of the Ohio Revised Code

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

See:

  • Section 2925.14 of the Ohio Revised Code
  • Section 2929.13 of the Ohio Revised Code
  • Section 2929.22 of the Ohio Revised Code

Miscellaneous

Any conviction for possession of a controlled substance shall result in a license revocation of not less than six months and not more than 5 years.

See:

  • Section 2925.11(E)(2) of the Ohio Revised Code
  • Section2925.14 of the Ohio Revised Code
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.



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