Defending Against Marijuana Charges

Even though many states—including Ohio—have relaxed their stance on marijuana charges, it can still be a serious issue if you are facing charges related to marijuana. You need the best marijuana charges defense available, which means you need the best criminal defense attorney available. Ohio fairly recently (November 7, 2023) voted “yes” on the legalization of recreational marijuana, although it generally takes a significant amount of time for these recreational marijuana laws to go into effect. Since the medical legalization of marijuana in Ohio in 2016, more than 60,000 individuals have been arrested for cannabis-related offenses. If you are facing marijuana charges, experienced criminal defense attorney Jon Horwitz of Horwitz & Horwitz is ready to help you achieve the best outcome possible. 

What are the Marijuana-Related Drug Charges in Ohio?

Under Ohio’s Revised Code, an individual is allowed to possess up to 70 grams of cannabis with no penalty. Possession of 70-100 grams of marijuana is a misdemeanor with a maximum penalty of $150. Possession of 100-200 grams of marijuana is a misdemeanor with a maximum penalty of $250, and up to 30 days in jail. Possession of more than 200 grams of marijuana turns into a felony, and, depending on the amount in possession, can result in fines as large as $15,000, and incarceration from one year to eight years. 

For the criminal offense of selling marijuana (distribution or trafficking), adults over the age of 21 can sell up to 2.5 ounces of marijuana with no charges or penalties involved. The sale of more than 2.5 ounces of marijuana, up to 200 grams is a felony that can result in fines as large as $2,500 and up to one year in jail. Sale of 200 grams of marijuana up to and exceeding 40,000 grams have increased penalties—from fines between $5,000 and $20,000 and 18 months to 8 years in prison. 

Selling to a minor within 1,000 feet of a school or selling within 100 feet of a juvenile can increase the fines and term of imprisonment. An individual is allowed to cultivate up to 6 plants in a private residence, or no more than 12 per household of more than one adult with no penalties. Any drug conviction (including a paraphernalia conviction) can result in the suspension of your driver’s license for between 6 months and 5 years, depending on the specific conviction. 

What is the Role of Medical Marijuana and Potential Legalization in Ohio?

Regarding medical marijuana access, twenty-five illnesses qualify for treatment under current Ohio legislation. These include AIDS, Alzheimer’s, ALS, Cachexia, cancer, CTE, Crohn’s, epilepsy, fibromyalgia, glaucoma, Hepatitis C, Huntington’s, IBD, MS, severe, chronic, or intractable pain, Parkinson’s, positive HIV status, PTSD, sickle-cell anemia, spasticity, spinal cord injury or disease, terminal illness, Tourette’s TBI, and ulcerative colitis. Other conditions, including arthritis, chronic migraines, and complex regional pain syndrome also qualify for medical marijuana treatment.  

Conditions awaiting a vote from the Ohio Medical Board’s Committee include anxiety, autism, bipolar disorder, depression, neuropathy, depression, obsessive-compulsive disorder, and uterine cancer.  To obtain a medical marijuana card in Ohio, you must be a resident of the state, those under the age of 18 must have consent from their legal guardian, you must establish and maintain a bona fide relationship with an Ohio medical marijuana doctor, and that doctor must confirm you suffer from one of the qualifying conditions. 

The legalization of recreational marijuana unfortunately faces “sweeping changes” from GOP legislators in the state.  Ohio Senate Republicans are proposing a ban on at-home growing, which would increase the tax rate for marijuana products as well as alter how those taxes are distributed. Advocates for the passage of the recreational marijuana law say the Ohio GOP is gutting the law passed by Ohio citizens because of their personal opposition to it. 

A higher tax rate on recreational marijuana will further entrench the illicit market, forcing Ohioans to continue purchasing their marijuana in Michigan—which is not what voters wanted. The tax revenues from recreational marijuana would go to general state funding, safe driver training, law enforcement training, and substance abuse prevention and treatment. Under the original statute, those tax revenues would have gone to local governments hosting dispensaries as well as to a social equity program that supported those wishing to break into the marijuana industry. These changes could also alter the laws pertaining to recreational marijuana.

Facing an outcry from the Ohio citizens who passed the recreational marijuana bill, lawmakers are backing away from some of their original proposed changes but doubling down on and adding others. The House is considering allowing the home-grow option for up to six plants per adult, and 12 plants per household, while proposing a prohibition on sharing of marijuana between adults—including giving away any home-grown cannabis. 

Smoking marijuana in public laws would be similar to current tobacco laws, and advertising for cannabis would also be similarly restricted. Revised Senate measures would allow only six plants per household and would only legalize possession of marijuana from retailers or home-cultivated products. The final outcome of the legalization of recreational marijuana in Ohio remains to be seen.