- Conditional Release
- Decriminalization
- Local Decriminalization
- Drugged Driving
- Mandatory Minimum Sentence
- Medical Marijuana
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| Less than 100 g | Misdemeanor | N/A | $ 150 |
| 100 - 200 g | Misdemeanor | 30 days | $ 250 |
| 200 - 1,000 g | Felony | 1 year | $ 2,500 |
| 1,000 - 5,000 g | Felony | 3 years | $ 10,000 |
| 5,000 - 20,000 g | Felony | 3 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 - 1,000 g | Felony | 18 months | $ 5,000 |
| 1,000 - 5,000 g | Felony | 3 years | $ 10,000 |
| 5,000 - 20,000 g | Felony | 3 years | $ 10,000 |
| 20,000 - 40,000 g | Felony | 5* - 8 years | $ 15,000 |
| More than 40,000 g | Felony | 8 years* | $ 20,000 |
| 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 - 250g/50g (solid/liquid) | Felony | 3 years | $ 10,000 |
| Possession of 250g/50g - 1,000g/200g (solid/liquid) | Felony | 3 years | $ 10,000 |
| Possession of 1,000g/200g - 2,000g/400g (solid/liquid) | Felony | 5* - 8 years | $ 15,000 |
| Possession of 2,000g/400g (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 months | $ 5,000 |
| Selling 50g/10g - 250g/50g (solid/liquid) | Felony | 3 years | $ 10,000 |
| Selling 250g/50g - 1,000g/200g (solid/liquid) | Felony | 3 years | $ 10,000 |
| Selling 1,000g/200g - 2,000g/400g (solid/liquid) | Felony | 5* - 8 years | $ 15,000 |
| Selling 2,000g/400g (solid/liquid) or more | Felony | 8* years | $ 15,000 |
Paraphernalia |
|||
| Possession of paraphernalia | Misdemeanor | N/A | $ 150 |
| Sale of paraphernalia | Misdemeanor | 90 days | $ 750 |
Miscellaneous |
|||
| Any drug conviction (including a paraphernalia conviction) may result in a driver's license suspension for a period of 6 months - 5 years. | |||
| Updated May 12, 2023 | |||
Penalty Details
Possession
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 felony, punishable by up to one year in jail and a maximum fine of $2,500.**
Possession of 1,000 – 5,000 grams is a third degree felony punishable by 3 years imprisonment and/or a fine of $5,000 – $10,000. There is a presumption towards the fine and against imprisonment for this crime.
Possession of 5,000 – 20,000 grams is a third degree felony punishable by 3 years imprisonment and/or a fine of $5,000 – $10,000. There is a presumption towards imprisonment for this crime.
Possession of 20,000 – 40,000 grams is a second-degree felony punishable by between 5-8 years of imprisonment, and/or a maximum fine of $15,000.
Possession of more than 40,000 grams is a second-degree felony punishable by at least 8 years imprisonment and/or a maximum fine of $20,000.
- Ohio Rev. Code Ann. § 2925.11 (2015)
* A minor misdemeanor does not create a criminal record in Ohio.
Cultivation
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.
- Ohio Rev. Code Ann. §2925.04 (2015)
** 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.
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 up to 200 grams is a felony, punishable by a maximum sentence of 12 months imprisonment and/or a maximum fine of $2,500.
The sale of 200 grams – 1,000 grams is a fourth degree felony, punishable by up to 18 months imprisonment and/or a maximum fine of $2,500.
The sale of 1,000 – 5,000 grams is a third degree felony punishable by 3 years imprisonment and/or a fine of $5,000 – $10,000. There is a presumption towards the fine and against imprisonment for this crime.
The sale of 5,000 – 20,000 grams is a third degree felony punishable by 3 years imprisonment and/or a fine of $5,000 – $10,000. There is a presumption towards imprisonment for this crime.
Sale of 20,000 – 40,000 grams is a second-degree felony punishable by between 5-8 years of imprisonment, and/or a maximum fine of $15,000.
Sale of more than 40,000 grams is a second-degree felony punishable by at least 8 years imprisonment and/or a maximum fine of $20,000.
The sale of marijuana 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.
- Ohio Rev. Code Ann. § 2925.03
- Ohio Rev. Code Ann. § 2929.13
- Ohio Rev. Code Ann. § 2929.18
- Ohio Rev. Code Ann. § 2929.22
Hash & Concentrates
Possession of up to 5 grams of solid hashish (1 gram of liquid hashish) is a minor misdemeanor punishable by a fine no greater than $150.
Possession of 5-10 grams of solid hashish (1-2 grams of liquid hashish) is a misdemeanor punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days.
Possession of 10-50 grams of solid hashish (2-10 grams of liquid hashish) is a felony punishable by a maximum fine of $2,500 and/or a maximum term of 1-year imprisonment.
Possession 50 -250 grams of solid hashish (10 – 50 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 3 years. There is a presumption against imprisonment for this crime.
Possession 250 -1,000 grams of solid hashish (50 – 200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment up to 3 years. There is a presumption towards imprisonment for this time.
Possession of 1,000- 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony in the second degree, punishable by at least 5 years and up to 8 years imprisonment and/ or up to a $15,000 fine.
Possession of over 2,000 grams of solid hashish (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.
- Ohio Rev. Code Ann. §2925.11(C)(7)
- Ohio Rev. Code Ann. §2929.28
- Ohio Rev. Code Ann. §2929.24
- Ohio Rev. Code Ann. §2929.18
- Ohio Rev. Code Ann. §2929.14
Selling less than 10 grams of solid hashish (less than 2 grams of liquid hashish) is a felony punishable by a maximum fine of $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year.
Selling 10 – 50 grams of solid hashish (2 -10 grams) of liquid hashish is a felony 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 between 50 – 250 grams of solid hashish (10-50 grams of liquid hashish) is a felony, 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 between 250 -1,000 grams of solid hashish (50 – 200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment up to 3 years. There is a presumption towards imprisonment for this time.
Selling between 1,000 – 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony 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.
Selling over 2,000 grams of solid hashish (over 400 grams of liquid hashish) is a felony by a maximum fine of $15,000 and /or a term of imprisonment of at least 8 years.
- Ohio Rev. Code Ann., §2925.03(C)(7)
- Ohio Rev. Code Ann. §2929.18
- Ohio Rev,Code Ann. §§2929.14
Paraphernalia
Possession of marijuana paraphernalia is a minor misdemeanor, punishable by a maximum fine of $150, possible community service, and suspension of the offender’s driver’s license for 6 months – five years.
- Ohio Rev. Code Ann. § 2925.141 (2015) Web Search
The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $750.
- Ohio Rev. Code Ann. § 2925.14 (2015) Web Search
- Ohio Rev. Code Ann. § 2929.13 (2015) Web Search
- Ohio Rev. Code Ann. § 2929.22 (2015) Web Search
Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possession of such equipment is a misdemeanor of the fourth degree punishable by a maximum fine of $250 and/or maximum 30-day jail sentence. Selling or manufacturing any such device or equipment is a misdemeanor of the second degree punishable by maximum fine of $750 and/or a maximum 90-day term of imprisonment. 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 of such equipment is a misdemeanor, punishable by a fine no greater than $750 and a term of imprisonment no greater than 90 days.
- Ohio Rev. Code Ann. §2925.14(2) (2015) Web Search
- Ohio Rev. Code Ann. §2929.18 (2015) Web Search
- Ohio Rev. Code Ann. §2929.14 (2015) Web Search
Miscellaneous
Any conviction for possession of a controlled substance is subject to driver’s license revocation for no less than 6 months and no more than 5 years.
- Ohio Rev. Code Ann. § 2925.11(E)(2) (2015) Web Search
- Ohio Rev. Code Ann. § 2925. 14 (2015) Web Search
Last Updated May 12, 2023
More Information
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.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
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.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.