| Offense | Penalty | Incarceration | Max. Fine |
Possession |
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| 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 |
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| 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 |
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| See Possession | |||
Paraphernalia |
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| Possession of paraphernalia | misdemeanor | 30 days | $ 250 |
| Sale of paraphernalia | misdemeanor | 90 days | $ 750 |
Miscellaneous (license suspensions, civil damages, etc...) |
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| 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 Web Search
"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) Web Search
* 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 Web Search
- Section 2929.13 of the Ohio Revised Code Web Search
- Section 2929.18 of the Ohio Revised Code Web Search
- Section 2929.22 of the Ohio Revised Code Web Search
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 Web Search
- Section 2929.13 of the Ohio Revised Code Web Search
- Section 2929.18 of the Ohio Revised Code Web Search
- Section 2929.22 of the Ohio Revised Code Web Search
Paraphernalia
Possession of paraphernalia is a misdemeanor punishable a maximum sentence of 30 days imprisonment and a maximum fine of $250.
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 Web Search
- Section 2929.13 of the Ohio Revised Code Web Search
- Section 2929.22 of the Ohio Revised Code Web Search
Miscellaneous
Any drug conviction (including a paraphernalia conviction) may result in a driver's license suspension for a period of 6 months - 5 years.
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 druggeddriving 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.
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.