Marijuana is illegal in most states. You aren’t permitted to possess, sell, or traffic the drug or cultivate the plant it comes from. In recent years, however, some jurisdictions have eased restrictions. Ohio is among the states to decriminalize recreational use—and permit medicinal use. Here’s what you need to know about what Ohio allows and when you need a defense lawyer for marijuana-related charges.

General Versus Medical Marijuana Law

Consequences for marijuana-related offenses depend largely on how much of the drug you are caught with. Say you have less than 100 grams of cannabis or give another person less than 20 grams. Keep in mind that although this is a minor misdemeanor in Ohio, there are more serious collateral consequences to consider.  First, when you pay the ticket by mail or plead “guilty” or “no contest” to a marijuana ticket, it shows up on a background check as a “Drug Possession” or “Drug Abuse” conviction.  Background checks do not differentiate between marijuana tickets and felony drug possession or abuse charges for harder drugs because they all fall under the same section of the Ohio Revised Code.

If you are caught with more than 200 grams, however, or found to be selling or transferring more than 20 grams, Ohio classifies this as a felony. You could face fines of up to $2,500 and one year in prison. From 1,000 grams, the penalties jump to fines of $10,000 and five years of incarceration. 

Ohio established the legal framework governing medical marijuana in 2016. Eligible patients may obtain a state-issued identification card, allowing them to possess up to a 90-day supply of marijuana. They may not cultivate the plant themselves, however.

When Do You Need a Defense Lawyer?

If you are facing marijuana-related charges, always hire a defense attorney. For instance, if you have permission for medical use but are caught cultivating plants yielding 1,000 grams or more, you could face felony charges. These stay on your record for life, affecting everything from job to apartment applications. 

A defense lawyer will know how to build a case to mitigate the consequences. Was the search that led to your arrest legal? Is the line determining just how much cannabis you had blurry? Can you get a plea deal for a lesser offense? An attorney has the tools needed to explore these avenues. 

Don’t let a marijuana-related conviction jeopardize your future. James F. Bogen, Attorney at Law, in Cincinnati, OH, provides aggressive representation, backed by more than a decade of experience. As a defense lawyer, he has covered everything from DUI to federal offenses and violent felonies. Visit his website for a full list of his practice areas, or call (513) 503-7251 to schedule an appointment.