Marijuana usage in the United States is still a hotly debated issue both in the courts of the legal system and that of public opinion. Whether you fall in support or opposition of the usage of marijuana amongst the public, legally current legislation is changing across the nation that has begun to permit more widespread usage of marijuana and its derivatives.
When it comes to marijuana in Ohio, the laws are still changing, and if you were ever curious about growing your own marijuana, here’s what you need to know before buying any seeds.
Growing Pains
Currently, in Ohio, state law dictates that under no circumstance are any homegrown operations allowed within the state, regardless of proof that citizens can purchase marijuana for medicinal purposes. Even though the purchase of medicinal marijuana is legal in Ohio state, again medicinal, not recreational, growing your marijuana plants can be seen as intent to sell or possibly traffick controlled substances, which can carry a heavy penalty.
Penalties For Growing Marijuana
With the cultivation of marijuana, Ohio state law currently dictates that penalties for growing marijuana plants are charged similar to possession charges. For individuals found to have marijuana under 100 grams, this can be classified as a misdemeanor offense, often carrying a fine of approximately $150.
Where cultivation charges can begin to get more severe is when individuals are found to have above 100 grams as this can start to carry minimum imprisonment of thirty days, alongside fines. Note that possession of over 200 grams can be considered a felony offensive under Ohio state law, with varying degrees of imprisonment and additional penalties.
Penalties For Distributing Or Selling Marijuana
While dispensaries have the legal certifications to distribute and sell marijuana products across the state, individuals without proper licenses can face hefty fines. Currently, in Ohio, under section 2925.11 of the possession of controlled substances, Ohio Revised Code/Title 29 Crimes-Procedure/Chapter 2925 Drug Offenses, there are penalties for distribution.
If the distribution of marijuana exceeds 100 grams but is under 200 grams, this will be seen as a misdemeanor offense. Similar to the cultivation penalties, when individuals are found to be distributing over 200 grams of marijuana, the state can proceed with felony charges.
Should I Worry?
If you are purchasing marijuana through legal dispensaries with your proper medical proof, you are well within your legal rights to possess marijuana. The trouble arises in cultivating and distributing marijuana products without a license.
If an individual is taken to court over possession charges, there are options to help lower the penalties that one may face. In some cases, individuals succeed in proving to the court that the marijuana they possessed was solely for their use for medicinal purposes.
Proving an individual had no intent to distribute the marijuana solely for medicinal purposes can help bring charges down to a misdemeanor, depending on the amount of marijuana found.
Laws On The Horizon
While current Ohio state law does not allow for the cultivation of marijuana, this may change sooner rather than later with recently introduced bills that propose the potential of enabling recreational usage of marijuana and cultivation under specific criteria. Of course, we must wait to see if these new proposals are passed with any introduced bill.
If you or someone you know needs help with drug possession charges or potentially wants to start their own dispensary, the attorneys at The Meranda Law Firm LTD are here to help. Call (614) 707-4239 today for a consultation.