Marijuana Defense

One of the most commonly used controlled substances in Ohio and across the United States is marijuana. The Ohio Revised Code uses the term “marihuana,” while most people use the term pot, weed, or cannabis. The popularity of this illegal drug also means that it is also at the center of most arrests relating to controlled substances.

While the state of Ohio has slowly been making moves to decriminalize marijuana, offenses relating to this drug can still be quite serious. Depending on the amount a person is accused of possessing, using, or selling, this can be classified as a misdemeanor or felony offense.

Cincinnati Marijuana Defense Lawyer

If you are facing any kind of marihuana charges, you will want to immediately contact an experienced criminal defenses attorney. Joslyn Law Firm represents clients throughout the greater Cincinnati area against all types of cannabis charges. We fight to get charges reduced or dismissed.

Do assume that a prosecutor will “go easy” on you because of your lack of criminal history or what you think is a minimal amount of pot. Ohio takes all charges relating to weed very seriously, and our firm can review your case when you call (513) 399-6289 to schedule a free, confidential consultation.


Cincinnati, Ohio Marijuana Charges Overview


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Ohio Marijuana Charges

These are some of the marijuana crimes that a person may be charged with in Cincinnati:

  • Illegal manufacture of drugs - illegal cultivation of marihuana, Ohio Revised Code § 2925.04
    • Less than 100 grams — Minor misdemeanor
    • Equals or exceeds 100 grams, but less than 200 grams — Fourth-degree misdemeanor
    • Equals or exceeds 200 grams, but less than 1,000 grams — Fifth-degree felony
    • Equals or exceeds 1,000 grams, but less than 5,000 grams — Third-degree felony
    • Equals or exceeds 5,000 grams, but less than 20,000 grams — Third-degree felony, presumption that prison term shall be imposed
    • Equals or exceeds 20,000 grams — Second-degree felony, mandatory prison sentence of eight years
  • Illegal use or possession of marihuana drug paraphernalia, Ohio Revised Code § 2925.141
    • Possession of paraphernalia — Minor misdemeanor
    • Sale of paraphernalia — Second-degree misdemeanor
  •  Trafficking, aggravated trafficking in marijuana, Ohio Revised Code § 2925.03
    • Gift of 20 grams or less — Minor misdemeanor for first offense, third-degree misdemeanor for subsequent offense
    • Less than 200 grams — Fourth-degree felony
    • Equals or exceeds 200 grams, but less than 1,000 grams — Fourth-degree felony
    • Equals or exceeds 1,000 grams, but less than 5,000 grams — Third-degree felony
    • Equals or exceeds 5,000 grams, but less than 20,000 grams — Third-degree felony, presumption that prison term shall be imposed
    • Equals or exceeds 20,000 grams, but less than 40,000 grams — Second-degree felony, mandatory minimum prison sentence of five years
    • Equals or exceeds 40,000 grams — Second-degree felony, mandatory prison sentence of eight years
  • Possession of marijuana, Ohio Revised Code § 2925.11
    • Less than 100 grams — Minor misdemeanor
    • Equals or exceeds 100 grams, but less than 200 grams — Fourth-degree misdemeanor
    • Equals or exceeds 200 grams, but less than 1,000 grams — Fifth-degree felony
    • Equals or exceeds 1,000 grams, but less than 5,000 grams — Third-degree felony
    • Equals or exceeds 5,000 grams, but less than 20,000 grams — Third-degree felony, presumption that prison term shall be imposed
    • Equals or exceeds 20,000 grams, but less than 40,000 grams — Second-degree felony, mandatory minimum prison sentence of five years
    • Equals or exceeds 40,000 grams — Second-degree felony, mandatory prison sentence of eight years

It is important to note that trafficking or manufacturing offenses committed in the vicinity of a school or a juvenile can result in aggravated charges that increase the classification by one degree. For example, a second-degree felony offense committed in such a vicinity would be classified as a first-degree felony.


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Marijuana Penalties in Cincinnati

The possible consequences of a conviction for a marihuana offense depend on the specific classification of the crime. Penalties may include:

  • Minor Misdemeanor — Up to $150 in fines
  • Fourth-Degree Misdemeanor — Up to 30 days in jail and up to $250 in fines
  • Second-Degree Misdemeanor — Up to 90 days in jail and up to $750 in fines
  • Fifth-Degree Felony — Up to 12 months in prison and up to $2,500 in fines
  • Fourth-Degree Felony — Up to 18 months in prison and up to $5,000 in fines
  • Third-Degree Felony — Up to five years in prison and up to $10,000 in fines
  • Second-Degree Felony — Up to eight years in prison and up to $15,000 in fines
  • First-Degree Felony — Up to 11 years in prison and up to $20,000 in fines

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Marijuana Defenses in Ohio

Any type of drug charge can be overwhelming and make an alleged offender feel as though they have little chance of proving their innocence. However, there are multiple defenses that can be utilized against cannabis crimes, and these include, but are not limited to:

  • Entrapment
  • Failure to Mirandize
  • Illegal search and seizure
  • Incorrect marijuana measurement
  • Marijuana belonged to someone else
  • Unknowing possession of the marijuana

Additional Resources

Ohio Marijuana Penalties from NORML - Visit the website of the National Organization for the Reform of Marijuana Laws to learn more about conditional release, decriminalization, drugged driving and mandatory minimum sentence. Find a graph showing the penalties by offense including the fine and the minimum mandatory and statutory maximum period of incarceration for possession, sale, distribution, trafficking, cultivation, paraphernalia. Also find statistics on the number of marijuana arrests in Ohio broken down between possession or sale.

Legalizing of Marijuana in Ohio in 2015 - Article published in Marijuanapolitics.com dated September 21, 2015. The article argues that ending marijuana prohibition in Ohio will end more than 10,000 arrests and citation each year.  The article argues against waiting for a better plan with more wide-open legalization that allows any adult to participate in the field of commercial marijuana cultivation. In 2012, figures from the Ohio Office of Criminal Justice Services Data Dashboard shows that 11,988 arrests were charged with adult possession of marijuana. The study also shows that 826 adults were arrested for manufacture of marijuana that year.


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Find the Best Marijuana Defense Lawyer in Cincinnati

Brian Joslyn is a member of the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee. He has helped many of this clients all over Ohio defeat the harmful impact of marihuana charges and move on with their lives.

Joslyn Law Firm can investigate the circumstances surrounding your arrest and develop the strongest possible defense. Call (513) 399-6289 right now to schedule a free legal consultation that will let our criminal defense attorneys review your cannabis case.

This article was last updated on Monday, November 23, 2015.

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