Ohio
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conditional decriminalized mandatory drugged driving

Details About this report

Incarceration

Fine

PossessionLess than 100 gminor misdemeanor*** none$100100 g to 200 gmisdemeanor of 4th degreenot more than thirty days and/or fine $250200 g to 1000 g5th degree felony6 months - 1 year and/or fine$2,5001000 g to 5000 g 3rd degree felony1 - 5 years and/or fine $10,0005000 g to 20,000 g3rd degree felony1 - 5 years** and/or fine $10,00020,000 g or more2nd degree felony2-8* years and/or fine$15,000*Mandatory minimum sentence.
**Presumption of prison.
***A minor misdemeanor does not create a criminal record in Ohio
CultivationLess than 100 gminor misdemeanor***none$100100 g to 200 g4th degree misdemeanor not more than 30 days and/or fine,
if near school or juvenile- 3rd degree misdemeanor and/or fine
$250-$500200 g to 1000 g5th degree felony6 months-1 year and/or fine,
if near school or juvenile-4th degree felony 6-18 months and/or fine
$2500-
$50001000 g to 5000 g 3rd degree felony 1-5 years and/or fine,
if near school or juvenile -2nd degree felony 2-8 years and/or fine
$10,000-
$15,0005000 g to 20,000 g3rd degree felony 1-5 years and/or fine,
if near school or juvenile -2nd degree felony 2-8 years and/or fine**$10,000-
$15,00020,000 g or more2nd degree felony2-8 years MMS* and/or fine$15,000Any possession less than 5,000 may be probation only.
*Mandatory minimum sentence.
**Presumption of prison
***A minor misdemeanor does not create a criminal record in Ohio
Sale/Distributiongift of 20 g or lessminor misdemeanor***none$100less than 200 gfelony

6 - 18 months

variable200 g to 600 gfelony

1 - 5 years

variable600 g or morefelony6 months MMS*variableTo minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions felonyincreased penaltyincreased penalty*Mandatory minimum sentence.
***A minor misdemeanor does not create a criminal record in OhioMiscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)Paraphernalia possession misdemeanor30 days$750Paraphernalia salemisdemeanor90 days$1,000Any drug conviction causes driver's license suspension for 6 months to 5 years.
Professional licenses are suspended.Details

Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $100. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 6 months - one year in jail. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison.
Delivery of 20 grams or less, for no remuneration, is considered possession and is punished with a fine of $100. Sale or distribution of less than 200 grams carries a penalty of 6 - 18 months in jail. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 600 grams or greater carries a mandatory minimum sentence of six months and a possible 2 - 8 year sentence.
Sale to minors, sale within 1,000 feet of a school, sale within 100 feet of a juvenile, and previous felony drug convictions all increase the penalty for the sale or distribution of marijuana.
Possession of paraphernalia is punishable by up to 30 days in jail and sale of paraphernalia is punishable by up to 90 days in jail.
For all drug convictions, including minor misdemeanors, the offender's driver's license is also suspended for a period of 6 months - 5 years. Professional licenses are also suspended.

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