Ohio Marijuana Laws

Only registered patients can legally consume and possess marijuana in Ohio. Possession is limited to a 45-day supply from a licensed dispensary, though possession of less than 3.5 ounces is considered a minor misdemeanor for all.

Ohio marijuana laws
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Ohio marijuana laws do not allow use of the drug for recreational purposes, although the state has decriminalized small amounts of possession to some degree. Marijuana use for medicinal purposes is legal.

Possession

It is technically a misdemeanor in Ohio to possess less than 100 grams of marijuana (roughly 3.5 ounces), but there is no jail time attached. The only penalty is a $150 fine.

Possession of between 100 and 200 grams is also a misdemeanor but is punishable by up to 30 days in jail and a fine of $250. If the amount is between 200 and 1,000 grams, the offense is a felony, punishable by up to 1 year in jail, along with a fine of up to $2,500.

Possessing between 1,000 and 20,000 grams comes with a penalty of between 1 and 5 years imprisonment, plus a potential $10,000 in fines. Possessing between 20,000 and 40,000 grams comes with a mandatory minimum sentence of 5 years in prison, a maximum of 8 years, and up to $15,000 in fines.

Possession of more than 40,000 grams is punishable by a mandatory minimum sentence of 8 years in prison and a potential $20,000 fine.

Offense Penalty Incarceration Max. Fine
Less than 100 g Misdemeanor N/A $ 150
100 – 200 g Misdemeanor 30 days $ 250
200 – 1,000 g Felony 1 year $ 2,500
1,000 – 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* $ 20,000
*Mandatory minimum sentence

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Sale, Distribution, or Trafficking

It is a misdemeanor, punishable by no more than $150, to gift 20 grams of marijuana or less on a first offense. On a second offense, penalties include up to 60 days in jail and a fine of $500.

Selling or distributing less than 200 grams is a felony and is punishable by up to 1 year in jail and a fine of $2,500. If the amount is between 200 and 1,000 grams, the maximum prison term is 18 months, and $2,500 in fines can apply.

For weights between 1,000 and 20,000 grams, the punishment is at least 1 year in jail, as many as 5 years in prison, and up to $10,000. For amounts between 20,000 and 40,000 grams, the minimum penalty is 5 years in prison, the maximum is 8, and the top fine is $15,000. And in cases involving more than 40,000 grams, there is a mandatory minimum of 8 years in prison, plus up to $20,000 in fines.

Marijuana law in Ohio gives enhanced penalties for sale to a minor, within 1,000 feet of a school, within 100 feet of a juvenile, or by a person with a prior drug conviction.

Offense Penalty Incarceration Max. Fine
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 – 1,000 g Felony 18 months $ 2,500
1,000 – 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* $ 20,000
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

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Cultivation

Cultivation is treated as possession under Ohio marijuana law. The same weight limits and penalties apply.

Offense
See Possession

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Hash and Concentrates

Ohio cannabis laws provide special rules governing hashish and other forms of concentrated products. Possession of less than 5 liquid grams or 1 solid gram is a misdemeanor but carries no more than a $150 fine.

Possession of between 5 and 10 solid grams or 1 and 2 liquid grams of concentrate is also a misdemeanor and is punishable by at most 30 days in jail and $250 iin fines. If the amount is between 10 and 50 solid grams or 2 and 10 liquid grams, the offense is a felony and is punishable by up to 1 year in jail and $2,500.

Possession of between 50 and 1,000 solid grams or 10 and 200 liquid grams carries a top penalty of 3 years in prison and $10,000. Penalties increase to at most 8 years in prison and $15,000 for possession of at least 1,000 solid grams or 200 liquid grams.

Selling less than 10 solid or 2 liquid grams is likewise a felony and is punishable by up to 1 year in jail and $2,500. The penalty increases to at most 18 months in jail and $5,000 for selling between 10 and 50 solid grams or between 2 and 10 liquid grams.

Sale of between 50 and 1,000 solid grams or 10 and 200 liquid grams carries a maximum penalty of 3 years in prison and $10,000. That increases to 8 years in prison and $15,000 for selling at least 1,000 solid grams or 200 liquid grams.

It is also a felony to make concentrates, an offense that carries up to 8 years in prison and $15,000 in fines.

Offense Penalty Incarceration Max. Fine
Possession of less than 5g/1g (solid/liquid) Misdemeanor N/A $ 150
Possession of 5g/1g – 10g/2g (solid/liquid) Misdemeanor 30 days $ 250
Possession of 10g/2g – 50g/10g (solid/liquid) Felony 1 year $ 2,500
Possession of 50g/10g – 1,000g/200g (solid/liquid) Felony 3 years $ 10,000
Possession of 1,000g/200g (solid/liquid) or more Felony 8 years $ 15,000
Selling less than 10g/2g (solid/liquid) Felony 1 year $ 2,500
Selling 10g/2g – 50g/10g (solid/liquid) Felony 18 months $ 5,000
Selling 50g/10g – 1,000g/200g (solid/liquid) Felony 3 years $ 10,000
Selling 1,000g/200g (solid/liquid) or more Felony 8 years $ 15,000
Manufacture Felony 8 years $ 15,000

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Paraphernalia

Small-scale paraphernalia possession is decriminalized, but sale still carries criminal penalties. Paraphernalia includes any items used in the cultivation, harvesting, processing, analysis, storage or use of marijuana, including any equipment used to manufacture concentrates.

Possession and use. Possession is a minor misdemeanor in Ohio, but comes with only a $150 fine, possible community service, and a suspension of the offender’s driver’s license for between 6 months and 5 years. Possession of concentrate-manufacturing paraphernalia is a fourth-degree misdemeanor, and the maximum penalty is 30 days in jail and a fine of $250.

Sale and distribution. Sale of paraphernalia is also a misdemeanor and carries a maximum of 90 days in jail and $750 in fines. Advertising the sale of drug paraphernalia carries the same penalties.

Sale to a minor. If paraphernalia is sold to a minor, the offense is a first-degree misdemeanor punishable by a maximum fine of $1,000 and/or a term of imprisonment of up to 180 days.

Offense Penalty Incarceration Max. Fine
Possession of paraphernalia Misdemeanor N/A $ 150
Sale of paraphernalia Misdemeanor 90 days $ 750

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Miscellaneous

Offense
Any drug conviction (including a paraphernalia conviction) may result in a driver’s license suspension for a period of 6 months – 5 years.

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Medical Marijuana

MEDICAL MARIJUANA

Ohio allows the medicinal use of marijuana for a long list of medical conditions.

QUALIFYING CONDITIONS:

  • Acquired immune deficiency syndrome (AIDS)
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (Lou Gehrig’s disease)
  • Arthritis*
  • Cachexia
  • Cancer
  • Chronic migraines*
  • Chronic traumatic encephalopathy
  • Complex regional pain syndrome*
  • Crohn’s disease
  • Epilepsy or other seizure disorders
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • Inflammatory bowel disease
  • Multiple Sclerosis
  • Pain that is either of the following nature: (i) Chronic and severe; or (ii) Intractable
  • Parkinson’s disease
  • Positive status for HIV
  • Post-traumatic stress disorder
  • Sickle cell anemia
  • Spinal cord disease or injury
  • Tourette’s syndrome
  • Traumatic brain injury
  • Ulcerative colitis

PATIENT POSSESSION LIMITS:
Not yet specified. Cannabis products can be dispensed as oils, tinctures, edibles, patches or herbal matter.

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Yes, but they are not yet operational.

CAREGIVERS:
No

RECIPROCITY:
Not specified

Marijuana Attorney Directory

Ohio Marijuana Attorneys

The following Ohio lawyers are actively involved in the practice of cannabis law: