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ohio marijuana growing laws

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is greater than 20 kilograms and the offense occurred near a school or a minor, then you will be charged with a first degree felony. This entails at least three and up to 10 years in prison and up to $20,000 in fines.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is greater than 20 kilograms, you will be charged with a second degree felony. This entails at least two and up to eight years in prison in addition to fines up to $15,000.

Ohio drug laws are incredibly complex, which is why fighting distribution charges on your own can quickly get you into real trouble. If you are arrested for distribution of amphetamines, your best defense is the help of an experienced Cincinnati drug lawyer. Your Cincinnati drug crime attorney can help create the best defense strategy for your unique case and ensure that you have the best outcome possible.

Other Consequences for Marijuana Drug Manufacturing and Cultivation

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 200 grams and 1 kilogram and the offense occurred near a school or a minor, then you will be charged with a fourth degree felony. This entails at least six and up to 18 months in prison, in addition to $5,000 in fines.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is less than 100 grams, you will be charged with a minor misdemeanor. This entails a $150 fine.

Ohio illegal cultivation penalty breakdown

If you are convicted for the illegal cultivation and growing of marijuana in Ohio, the penalties that you will face are dependent the amount of marijuana that was cultivated and whether the offense was near a school or minor.

If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 1 kilogram and 5 kilograms, then you will be charged with a third degree felony. This entails a minimum of 1 year and up to five years in prison in addition to fines up to $10,000.

Possession of 100 – 200 grams is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $250.

Cultivation

The sale of 1,000 – 20,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and/or a maximum fine of $10,000.

Miscellaneous

** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden to prove that the marijuana was intended solely for personal use by a preponderance of the evidence. If this defense is successful, the defendant can still be convicted of, or plead guilty to, a misdemeanor violation of illegal cultivation of marihuana.

An outdoor marijuana grow house may be more visible to law enforcement than an indoor operation simply by its visibility. Police may be able to spot a greenhouse or a lath house in plain view and detect the odor of marijuana just by approaching the outdoor grow house. Also, the presence of landscaping equipment gives rise to circumstantial evidence of marijuana growth, as does the accumulation of mold on plants left unattended.

Police can raid indoor marijuana grow house operations by detecting the smell of marijuana or through electric bill monitoring. High kilowatt usage or stolen usage coupled with the distinct odor of marijuana plants are usually enough to satisfy probable cause for a search warrant.

Law enforcement uses a variety of innovative tactics for monitoring marijuana grow house operations, including surveillance of hydroponic supply stores. Sometimes law enforcement may set up bogus online hydroponic stores to monitor who visits the site and show interest in the product. Police may also use thermal imaging devices to monitor the amount of heat generated within the structure or dwelling where marijuana cultivation takes place.

The Joslyn Law Firm can help you avoid the most severe penalties and punishments for your marijuana cultivation charges in Columbus, Ohio. Brian Joslyn will make every effort to find the best possible outcome for your situation. Call the Joslyn Law Firm at (614) 444-1900 for a consultation today.

Property Seizure As a Result of Marijuana Cultivation Charges

Marijuana Volume/Amount

Maximum Penalty

Maximum Penalty

Probable Cause to Search Indoor Grow House Operations

6 – 12 Months With Sentencing guided by O.R.C. §2929.13(B)

Marijuana or cannabis cultivation is growing or harvesting the flowering plant or its buds for personal or medicinal production and use. Marijuana can be grown indoors or outdoors and although some states permit the production of marijuana, Ohio has not legalized marijuana grow houses for any purpose. An individual charged will illegal cultivation can face severe penalties including prison time and/or fines (even more severe than drug charges); therefore, it is crucial to hire a Columbus marijuana cultivation defense lawyer.