marijuana on a keyboard

Marijuana, a hot conversation starter on if it should be legalized or not. There are currently twenty-one states, two US Territories, and the District of Columbia that have legalized recreational use of cannabis in the year 2022. 

However this is not including Ohio. The only form of marijuana that can legally be purchased is medical marijuana. The law was passed in 2018 and has been approved for chronic pain, PTSD, and traumatic brain injuries. The only legal form of medical marijuana is as follows, edibles, oils, patches, plant material, and tinctures. It cannot be smoked or combusted and home growing is prohibited and still illegal. 

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Penalties for Possessing Marijuana in Ohio

In the state of Ohio it is illegal to have non-medical marijuana on an individual. When caught with possession of marijuana in Ohio there are different penalties depending on how much was on the individual or what the intent of having it was used for, such as trafficking and distribution to sell. 

  • If caught with less than 100 grams it will be processed as a misdemeanor and a fine of $150.
  • If caught with 100 – 200 grams it will be processed as a misdemeanor, incarceration for 30 days, and a fine of $250.
  • If caught with 200 – 1,000 grams it will be processed as a felony, 1-5 years of incarceration, and a fine of $2,500.
  • If caught with 20,000 – 40,000 grams it is considered a felony, 5-8 years  of incarceration, and a fine of $10,000
  • If caught with more than 40,000 grams it is considered a felony, 8 years of incarceration, and a fine of $20,000

These are just the charges for possessing marijuana. If there is intent to sell, distribute, or traffic they go as follows in terms of penalty in the state of Ohio.

  • If caught with 20 grams or less it is considered a misdemeanor and a fine of $150 for first offense.
  • If caught with 20 grams or less it is considered a misdemeanor, 60 days of incarceration, and a fine of $500.
  • If caught with less than 200 grams it is charged as a felony, 1 year of incarceration, and a fine of $2,500. 
  • If caught with 200 – 1,000 grams it is charged as a felony, 18 months of incarceration, and a fine of $2,500.
  • If caught with 1,000 – 20,000 grams it is charged as a felony, 1-5 years of incarceration, and a fine of $10,000
  • If caught with 20,000 – 40,000 grams it is charged as a felony, 5-8 years of incarceration, and a fine of $15,000. 
  • If caught with more than 40,000 grams it is charged as a felony, 8 years of incarceration, and a fine of 20,000. 

The larger the amount of marijuana an individual is caught with, the larger the punishment is in Ohio. If you are wanting to learn more about our areas of practice click here. Otherwise our team at Hunt Law LLC offers a free consultation!