Columbus and Delaware, Ohio Marijuana Attorney

Many who have been charged with a marijuana offense in Ohio have questions regarding the potential consequences they face, what elements the prosecution must prove, whether they will have a criminal record, etc. Although searching the internet for the answers to your questions is a good start, consulting an attorney is best.

Consult this FAQ to answer many common questions regarding marijuana offenses. If questions persist, or you are in need of an experienced and dedicated attorney to defend you against marijuana charges, consult attorney David Johnson at Johnson Legal, LLC by calling (614) 987-0192 or send him an email to schedule a consultation.

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Q. Is marijuana illegal under Ohio law?

A. Yes, marijuana is illegal under Ohio law. Possessing, trafficking and cultivating marijuana in Ohio can result in criminal charges. While Ohio has decriminalized small amounts of marijuana, which will result only in a minor misdemeanor and a $150 fine, using, selling or cultivating marijuana can result in serious penalties. These penalties include prison, fines, suspended driver’s license, and the suspension or revocation of professional licenses.

Q. What penalties could I face if caught possessing marijuana?

A. Penalties for marijuana possession depend on the degree of the offense charged and the amount of marijuana in your possession. Possessing less than 100 grams of marijuana will result in a minor misdemeanor, which carries only a $150 fine. As the amount of the drug in your possession increases, so does the potential penalty. Marijuana possession can be charged as high as a 2nd degree felony, which carries a mandatory 5 – 8 years in prison.

Q. What penalties do I face if I sell marijuana?

A. Selling marijuana, under Ohio law, is known as “trafficking.” Trafficking in marijuana will result in harsher penalties than possessing. As with possession, you could be charged with a minor misdemeanor. However, depending upon the amount of marijuana that is trafficked and whether it occurs around juveniles, the charge could be a 1st degree felony.

Q. Will a marijuana charge affect my life beyond jail and fines?

A. Yes. A conviction for marijuana, including a minor misdemeanor, will show up on certain professional background checks and can affect applications for student loans and housing. It may result in a suspension or revocation of certain professional licenses. A conviction may also result in your driver’s license being suspended for a period of months or years.

Q. If I go to court, is there any possibility of being found not guilty?

A. Yes. There are a variety of effective defenses, including certain 4th and 5th Amendment violations by law enforcement, unlawful search and seizure, failure to administer Miranda warnings, and a lack of evidence to support the elements of the offense.

Q. Should I hire an attorney if I am charged with a marijuana offense?

A. Yes. An attorney can assist you in developing as strong a defense as possible, file motions to suppress illegally obtained evidence by law enforcement or dismissal of the charges, or argue for your admission into certain drug treatment programs in lieu of prison.

Q. Are there any alternatives to prison?

A. Yes. Many Ohio courts have drug courts allow certain eligible offenders to do community service, pay fines, and receive treatment in lieu of going to prison.