Will Ohio Legalize Recreational Marijuana?

 Posted on September 19, 2023 in Criminal Defense

For much of the past several decades, marijuana use has been illegal throughout the United States. However, in recent years, more and more people have come to accept that this drug is not as dangerous as other illegal substances, and they believe that it should be treated similarly to alcohol. As a result, many states have legalized marijuana for recreational use. Ohio may soon join the ranks of these states if voters approve a ballot measure that will allow adults to possess and use marijuana for recreational purposes. However, there are still some situations where people may face criminal charges for possession of marijuana. Those who have been charged with drug crimes can work with an attorney to determine their best options for defense.

Ohio’s Marijuana Ballot Initiative

After the Coalition to Regulate Marijuana Like Alcohol collected enough signatures on a petition, Ohio residents will be able to vote on an initiative to determine whether recreational marijuana should be made legal in the state. This vote will be held on November 7, 2023. If this measure is passed, Ohio residents who are over the age of 21 will be allowed to purchase, possess, and use up to 2.5 ounces (around 70 grams) of marijuana or 15 grams of concentrated cannabis. Adults will also be allowed to grow up to six marijuana plants in their homes.

Marijuana Possession Offenses in Ohio

Under Ohio’s current laws, marijuana is considered to be a controlled substance. While qualifying patients may be able to use marijuana for medical purposes, the possession of any amount of marijuana without a valid prescription could result in drug possession charges.

The penalties for possession of marijuana vary depending on the amount of marijuana involved:

• Possession of less than 100 grams: This is classified as a minor misdemeanor. The maximum penalty for this offense is a fine of $150.

• Possession of 100-200 grams: This is classified as a fourth-degree misdemeanor. The maximum penalty for this offense is a prison sentence of 30 days and/or a fine of $250.

• Possession of 200-1,000 grams: This is classified as a fifth-degree felony. A judge will have discretion when determining whether to impose a prison sentence. If a sentence is imposed, a person may be required to serve between six months and one year in prison. They may also face fines not exceeding $2,500.

• Possession of 1,000-5,000 grams: This is classified as a third-degree felony, and a judge will have discretion when determining whether to sentence a person to prison. A prison sentence for this offense may include between nine months and three years in prison, and a person may also be required to pay fines not exceeding $10,000.

• Possession of 5,000-20,000 grams: This is classified as a third-degree felony, and it is presumed that a sentence will be imposed. 

• Possession of 20,000-40,000 grams: This is classified as a second-degree felony, and a person may be sentenced to between five and eight years in prison. Fines of up to $15,000 may also be imposed.

• Possession of more than 40,000 grams: This is classified as a second-degree felony, and the maximum prison sentence of eight years may be imposed. 

Contact an Experienced Wayne County Marijuana Possession Attorney

If you are facing charges for marijuana possession or other related offenses, it is crucial to seek legal representation as soon as possible. At The Law Office of Whitney K.S. Miller, LLC, our experienced Wooster drug possession lawyer can help protect your rights and guide you through the legal process, working to defend against a conviction and ensure that you can avoid penalties that may affect you in the future. To schedule a consultation, please call us at 330-725-4114. We offer free consultations to most clients.