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Ohio State Laws

Ohio Penalties


Incarceration

Fine
Possession and Cultivation*
Less than 100 gminor misdemeanor**none$150
100 g to 200 gmisdemeanor of 4th degreenot more than thirty days and/or fine$250
201 g to 999 g5th degree felony Up to 12 months in prison $2,500
1000 g to 4999 g3rd degree felony1 - 5 years and/or fine$5,000-$10,000
5000 g to 19,999 g3rd degree felony1 - 5 years and/or fine$5,000-$10,000
20,000 g to 40,000 g 2nd degree felony mandatory prison term of 5-8 years $7,500-$15,000
40,000 g or more2nd degree felonymandatory prison term of 8 years.$10,000-$20,000

*Marijuana 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.
**A minor misdemeanor does not create a criminal record in Ohio
A driver’s license suspension of from six months to five years is mandatory for any drug conviction in Ohio.

Sale/Distribution
gift of 20 g or lessminor misdemeanor**none $150
less than 200 gfelony
12 months prison and/or fine
$2,500
200 g to 999 gfelony
18 months prison and/or fine
$2,500
1000 g to 4,999 g 3rd degree felony  1 - 5 years and/or fine*$5,000-$10,000
5000 g to 19,999 g 3rd degree felony 1 - 5 years and/or fine* $5,000-$10,000
20,000g - 40,000g 2nd degree felony mandatory prison term of 5-8 years and/or fine $7,500-$15,000
40,000 g or more 2nd degree felony mandatory prison term of 8 years and/or fine $10,000-$20,000
To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictionsfelonyincreased penaltyincreased penalty
*Mandatory minimum sentence.
**A minor misdemeanor does not create a criminal record in Ohio
A driver’s license suspension of from six months to five years is mandatory for any drug conviction in Ohio.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possessionmisdemeanor30 days$750
Paraphernalia salemisdemeanor90 days$1,000
Any drug conviction causes driver's license suspension for 6 months to 5 years.
Professional licenses are suspended.
Details

Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $150. 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 12 months in prison. 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 $150. Sale or distribution of less than 200 grams carries a penalty of 12 months in prison. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 1000 grams or greater carries a mandatory minimum sentence of 1-5 years and/or a fine.

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, 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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