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Possession of Marijuana with Intent to Sell

So-called simple possession of marijuana offenses in Ohio can become even more serious if the alleged offender is accused of selling or having intent to sell the cannabis. Possession with intent to distribute or sell a controlled substance offenses are referred to trafficking or aggravated trafficking crimes under the Ohio Revised Code.

A prosecutor may not be able to prove what specifically was in the mind of an alleged offender during the alleged commission of a crime, but these types of charges are often based on other kinds of circumstantial evidence such as a person also possessing a large amount of cash or the presence of drug paraphernalia such as baggies or scales. Possession of marijuana with intent to distribute or sell is a felony offense in Ohio, and certain convictions may result in mandatory prison sentences.

Attorney for Possession of Marijuana with Intent to Sell in Cincinnati, OH

Were you arrested anywhere in Hamilton County for alleged possession with intent to sell or distribute marijuana? You should not say anything to authorities until you have contacted Joslyn Law Firm.

Brian Joslyn is an experienced criminal defense lawyer in Cincinnati who represents clients facing marijuana charges in communities all over southwest Ohio, including Delhi, Green, Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, and many others. Call (513) 399-6289 today to have our attorney review your case and discuss your legal options with you during a free, confidential consultation.


Overview of Possession of Marijuana with Intent to Sell Arrests in Ohio


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Possession of Marijuana with Intent to Sell Charges in Hamilton County

Ohio Revised Code § 2925.03 makes it illegal for a person to do any of the following:

  • Sell or offer to sell a controlled substance or a controlled substance analog; or
  • Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the alleged offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the alleged offender or another person.

When the drug involved in the aforementioned violation is marijuana, offenses are classified as follows under Ohio Revised Code § 2925.03(C)(3):

Amount

Offense Level

Guidance

Less than 200 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B)

200 grams or more but less than 1,000 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

1,000 grams or more but less than 5,000 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

5,000 grams or more but less than 20,000 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

20,000 grams or more but less than 40,000 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term of five, six, seven, or eight years, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

40,000 grams or more

Second-degree felony

Mandatory maximum prison term


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Possession of Marijuana with Intent to Sell Penalties in Cincinnati

The “Guidance” column in the table above indicates the statutory guidelines relating to prison sentences for convictions. The maximum sentence an alleged offender can receive if convicted of a trafficking or aggravated trafficking offense is as follows, depending on the grade of felony involved:

  • Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or

Possession with intent to distribute or sell marijuana can also result in an alleged offender having his or her driver’s license suspended for up to six months.


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Ohio Possession of Marijuana with Intent to Sell Resources

Marijuana | Ohio Drug Threat Assessment | United States Department of Justice (DOJ) — The National Drug Intelligence Center (NDIC) was a component of the DOJ and a member of the United States Intelligence Community until it ceased to exist in June 2012 and its Document and Media Exploitation (DOMEX) Branch and strategic analyisis functions were transferred over to the Drug Enforcement Administration (DEA). Read an April 2001 report from the NDIC that found marijuana was “the most abused illicit drug in Ohio, and treatment records indicate that its abuse is still increasing.” The report notes that Mexican criminal groups operating in northern Kentucky supplied wholesale amounts of marijuana to the Cincinnati area and numerous street gangs were responsible for retail marijuana distribution in metropolitan areas such as Cincinnati.

Ohio | Marijuana Anonymous (MA) — MA identifies itself as “a fellowship of men and women who share our experience, strength, and hope with each other that we may solve our common problem and help others to recover from marijuana addiction. On the Ohio section of this website, you can find the times and locations of meetings in the Buckeye State. You can also find information about phone meetings and online meetings as well as frequently asked questions and an online forum that allows users to seek help or discuss other marijuana issues.


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Joslyn Law Firm | Cincinnati Possession of Marijuana with Intent to Sell Defense Lawyer

If you were arrested for alleged possession with intent to distribute or sell cannabis in southwest Ohio, it is in your best interest to exercise your right to remain silent until you have legal counsel. Joslyn Law Firm aggressively defends individuals in Forest Park, Miami, Montgomery, Reading, Springfield, Symmes, Blue Ash, Colerain, and many surrounding areas of Hamilton County.

Cincinnati criminal defense attorney Brian Joslyn can fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. He can provide a complete evaluation of your case as soon as you call (513) 399-6289 or fill out an online contact form to set up a free initial consultation.


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