Although laws in Ohio are seen as liberal compared to other states there are still injustices happening everyday. Know the laws, know your rights, become educated!
Be sure to find representation that has experience in cannabis cases. For a list of NORML recommended lawyers click here.
Current Laws in the State of Ohio
Possession
Charge
Incarceration
Fine
Less than 100 grams
minor misdemeanor***
None
$100
100 grams to 200 grams
4th degree misdemeaner
not more than 30 days and/or fine
$250
200 grams to 1000 grams
5th degree felony
6 mo. - 1 year and/or fine
$2500
1000 grams to 5000 grams
3rd degree felony
1 - 5 years and/or fine
$10,000
5000 grams to 20,000 grams
3rd degree felony
1 - 5 years** and/or fine
$10,000
20,000 grams 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
Cultivation
Charge
Incarceration
Fine
Less than 100 grams
minor misdemeanor***
None
$100
100 grams to 200 grams
4th degree misdemeaner
not more than 30 days and/or fine,
if near school or juvenile- 3rd degree misdemeanor and/or fine
$250-$500
200 grams to 1000 grams
5th degree felony
6 mo.-1 year and/or fine,
if near school or juvenile-4th degree felony 6-18 mo. and/or fine
$2500-
$5000
1000 grams to 5000 grams
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 grams to 20,000 grams
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 grams 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
Sale/Distribution
Charge
Incarceration
Fine
gift of 20 grams 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
Miscellaneous
Charge
Incarceration
Fine
Paraphernalia possession
misdemeanor
30 days
$750
Paraphernalia sale
misdemeanor
90 days
$1000
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 $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, the offender's driver's license is also
suspended for a period of 6 months - 5 years. This does not apply to
minor misdemeanor violations for marijuana possession. Professional
licenses are also suspended.