Possession of marijuana for adult use may be legal in Ohio, but that does not mean that you cannot face criminal possession charges. Those found in violation of the state’s marijuana laws could face criminal charges. A conviction could permanently alter the course of your life.
Do not put your freedom in jeopardy. Turn to a top-rated Columbus drug crimes lawyer at Koffel Brininger Nesbitt for help clearing your name of the allegations against you.
Your dedicated Columbus criminal defense lawyer will work tirelessly to prepare a compelling defense strategy or get the drug crime charges against you reduced to a lesser offense wherever possible, so contact our office to request a confidential case review today and take charge of your criminal case.
Marijuana Has Been Legalized in Ohio for Recreational and Medicinal Use
In November 2023, Ohio legalized marijuana use for recreational purposes. However, that does not mean that former marijuana possession and drug crime convictions will be automatically expunged from your record. In fact, despite the fact that Issue 2 allows adults 21 years of age or older to cultivate and possess marijuana, there are strict limits in place that could result in criminal charges if violated.
Under the law, you are only legally allowed to cultivate up to six plants individually or 12 in a household. You are only legally allowed to possess up to 2.5 ounces of marijuana on your person at any given time. Failure to comply with these marijuana laws could mean a drug crime charge or conviction on your record.
You may need legal support to defend yourself against these charges. Your marijuana possession lawyer in Columbus, OH may also be able to help you get a former marijuana crime conviction expunged/sealed from your record if you meet the eligibility requirements. The legal process can be complex. You can rely on Koffel Brininger Nesbitt to do everything possible to safeguard your future.
For a free legal consultation with a marijuana possession lawyer serving Columbus, call 614-884-1100
Marijuana Possession Charges in Columbus
Marijuana can take multiple forms, but the state’s drug laws apply to any type of marijuana, including flowers, seeds, dried leaves, stems, edibles, oils, and more. It should be noted, however, that Ohio Rev. Code 3719 specifically excludes cannabis plant stocks, derivatives, compounds, and fibers that produce hemp rope. According to Ohio Rev. Code 3719.41(C), marijuana is classified as a Schedule l drug. These have the highest potential for abuse or addiction and are not federally approved for medicinal use.
The amount of marijuana you are accused of possessing will determine the extent of your charges. Marijuana possession could be considered a wobbler offense, which means it may be tried as a misdemeanor or felony, depending on the specific details of your case. However, for the prosecutor to obtain a conviction, they must be able to show that you intended to possess marijuana, knew or believed the controlled substance was marijuana, and that the marijuana was found in your possession.
Actual Vs. Constructive Possession
Possession of marijuana can be one of the most complex drug crime charges to navigate. This is partially due to concerns regarding actual versus constructive possession. Ohio case law recognizes both.
Actual possession means the marijuana was found on you. The marijuana could have been found in your pocket, backpack, purse, or bag. Here, you are assumed to have immediate physical possession or control of the marijuana.
Constructive possession is a little different. Here, marijuana may have been found in your car, apartment, home, business office, or other location that you had access to. Your marijuana possession attorney in Columbus may be able to challenge whether you were in possession of the marijuana in question if you did not have control or ownership over the controlled substance.
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The Penalties for Marijuana Possession Are Serious in OH
Your marijuana possession lawyer will be responsible for helping you understand the potential consequences you could be facing. The amount of marijuana in your possession will determine whether you are charged with a misdemeanor or felony offense. The penalties for a marijuana possession conviction under Ohio Rev. Code 2925.11 include:
- Fines of up to $150 for possession of less than 100 g of marijuana
- Fines of up to $250 and up to 30 days in jail for a fourth-degree misdemeanor conviction of less than 200 g of marijuana
- Of up to $2,500 and up to one year in prison For a fifth-degree felony conviction of between 201,000 g of marijuana
- Fines not to exceed $10,000 and as much as five years in prison for a third-degree felony conviction of between 1000 and 20,000 g of marijuana
- Fines not to exceed $15,000 and as much as eight years in prison for a second-degree felony conviction of more than 20,000 g of marijuana
These penalties could be dramatically increased if you are in possession of marijuana in front of a minor or within the vicinity of a school. You may also face increased penalties if aggravating factors are present, such as the use of a firearm. The collateral consequences may continue to follow you even after having completed your sentence and could include loss of firearm rights, inability to obtain gainful employment, reputation damage, loss of your professional license, and more.
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Possible Marijuana Possession Defenses
There are several ways you may be able to challenge the marijuana possession charges against you. Your criminal defense lawyer will carefully review the state’s case against you during discovery and build a powerful defense strategy where applicable. Some potential defenses could include:
- Challenging whether you were in actual or constructive possession of the drug
- Unlawful surveillance or wiretapping
- Proving your right to marijuana possession for medicinal use with a prescription from your physician
- Lack of probable cause or unlawful search and seizure
- Constitutional rights violations
- Questioning evidence obtained through drug-sniffing canines
- Law enforcement and prosecutorial misconduct
Many first-time offenders may be eligible for pretrial diversion. This gives you an opportunity to avoid a criminal conviction if you complete the terms of your program. However, those who do not meet the program requirements may face the original sentencing of the marijuana possession charges against them.
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Turn to Columbus’ Premier Marijuana Possession Defense Law Firm for Help Today
Marijuana possession charges should not turn your world upside down. This nonviolent crime still carries serious criminal consequences if convicted. For this reason, it is crucial that you get help from a trial-proven Columbus marijuana possession attorney with Koffel Brininger Nesbitt.
Put our decades of criminal defense experience to work for you and your family. Explore potential defense strategies and find out whether you qualify for pre-trial diversion when you contact our law firm to request a confidential consultation. You can reach us by phone or through our secured contact form to start working on your defense as soon as today.
Call or text 614-884-1100 or complete a Free Case Evaluation form
