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.
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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 |
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See Possession |
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Concentrates
Ohio cannabis laws provide special rules governing hashish and other forms of concentrated products. Possession of less than 5 solid grams or 1 liquid 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 |
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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
Ohio Marijuana Attorneys
The following Ohio lawyers are actively involved in the practice of cannabis law: