Were you charged with a marijuana-related drug crime? If you were charged with a marijuana-related drug offense like possession, sale, trafficking, or cultivation, it is important to retain a trusted Columbus marijuana cultivation lawyer as soon as possible.
Koffel Brininger Nesbitt is based in Columbus and represents clients throughout the state of Ohio. If you are looking for a tough defense for drug charges, contact a Columbus drug crime lawyer at our firm for a confidential consultation today. When you do, we can discuss ways to defend yourself against marijuana cultivation charges, the potential consequences associated with a conviction, and what to expect from the court process.
Marijuana Cultivation Charges and Penalties in Ohio
Marijuana is a Schedule I drug, which is the most severe drug schedule in the United States, though penalties for marijuana/pot crimes in Ohio have been lowered in recent years. For example, possession of marijuana in Ohio is a minor misdemeanor, with the severity of the charges against you being tied to the amount of marijuana being cultivated or found in your possession. The level of the charges against you and potential consequences based on marijuana cultivation limits include the following:
Cultivation of Less than 100 Grams
If you are accused of cultivation of less than 100 g of marijuana, your marijuana cultivation lawyer in Columbus, OH, with Koffel Brininger Nesbitt, may be able to get your charges reduced to a lesser offense or dismissed altogether. This crime is punishable by fines of up to $150. If you have no criminal history, you should not expect to spend any time in jail.
However, if you are cultivating less than 100 g of marijuana in the vicinity of a school zone or juvenile, your charges could be increased from a minor misdemeanor to a fourth-degree misdemeanor. This is punishable by fines not to exceed $250 and a maximum of 30 days in county jail. Your Columbus criminal defense lawyer will be responsible for negotiating with the prosecuting attorney wherever possible to avoid the harsher criminal penalties of a conviction.
Cultivation of 100 to 200 Grams
If you are accused of marijuana cultivation accounting for approximately 100 to 200 g, you could be charged with a fourth-degree misdemeanor. If you are convicted, you could spend up to 30 days in county jail and be ordered to pay fines of as much as $250. Similar to other types of marijuana cultivation charges, if you commit this offense near a school or juvenile, your charges will likely be increased.
Marijuana cultivation near a juvenile or school facility is considered a third-degree misdemeanor. If you are convicted, you could pay fines up to $500. You could also expect to spend as much as 60 days in the Franklin County jail.
Cultivation of 200 to 1,000 Grams
Cultivation of between 200 to 1,000 g of marijuana is considered a felony drug crime. Your marijuana cultivation attorney in Columbus, OH will analyze the details of your case to determine whether it is possible to get your felony charges reduced to a misdemeanor. This way, you may be able to avoid some of the more serious consequences associated with a criminal conviction.
Unfortunately, if the state opts to move forward with your fifth-degree felony charges, the penalties could be devastating. You could be ordered to pay fines of up to $2,500 and spend as much as 12 months in a state prison facility. Marijuana cultivation of between 200 to 1,000 g within the vicinity of a school or juvenile will be bumped up to a fourth-degree felony offense, punishable by as much as 18 months in a state prison and fines not to exceed $5,000.
Cultivation of 1,000 to 5,000 Grams
Cultivating between 1,000 and 5,000 g of marijuana is a third-degree felony offense. If convicted, you could be ordered to pay fines of up to $10,000 and spend as much as 36 months in a state prison facility. Marijuana cultivation at this level near a school or juvenile will be bumped up to a second-degree felony, Where you could be ordered to pay fines reaching $15,000 and spend up to eight years of your life in prison.
Cultivation of 5,000 to 20,000 Grams
Your marijuana cultivation lawyer will need to extensively review the state’s case against you whenever you are facing any type of drug charge. However, if you are accused of cultivating marijuana between 5,000 and 20,000 g, we need to build the strongest defense possible. This is because the consequences of a third-degree felony conviction include up to $10,000 in fines and 36 months in prison.
Cultivating 5,000 to 20,000 g of marijuana near a school or juvenile is considered a second-degree felony offense. You might spend up to eight years in a state prison facility if convicted. You could also be ordered to pay fines not to exceed $15,000.
Cultivation of More than 20,000 Grams
The most serious offense your Columbus marijuana cultivation lawyer may need to defend against is the cultivation of more than 20,000 g of marijuana. On its own, you could spend up to eight years in prison and be fined as much as $10,000 for this second-degree felony conviction. However, in the vicinity of a school or juvenile, this second-degree felony offense will be bumped up to a first-degree felony, where you could be fined up to $20,000 and spend as much as 11 years in prison.
For a free legal consultation with a marijuana cultivation lawyer serving Columbus, call 614-884-1100
Defending Yourself Against Illegal Cultivation of Marijuana
You may be able to avoid incarceration if you are convicted of a minor marijuana offense because these are misdemeanors in Ohio. However, if you are charged with a felony marijuana offense, you may need to take a more aggressive approach to your defense. In either scenario, your Columbus marijuana cultivation lawyer at Koffel Brininger Nesbitt is here to help you avoid penalties such as fines and jail or prison time by presenting a powerful defense, such as:
- You are legally permitted to cultivate marijuana because of a medical marijuana card
- There is reasonable doubt you cultivated marijuana
- Police conducted an illegal search and seizure that violates the Fourth Amendment of the U.S. Constitution
- Marijuana was grown for personal use, not for sale
In many drug offense cases, we advocate for cases to be handled in specialty drug courts and petition for alternative sentencing options like drug treatment. The state of Ohio does allow for an affirmative defense for the crime of cultivating marijuana. However, this will only be possible if the defendant can prove that the marijuana was intended for their own personal consumption. Keep in mind that success in this type of case can still result in a misdemeanor conviction, which is why you need a powerful defender to fight for the best possible outcome of your case.
Columbus Marijuana Cultivation Lawyer Near Me 614-884-1100
Contacting Koffel Brininger Nesbitt
Koffel Brininger Nesbitt has been listed as one of the “Best Law Firms” in the region by US News & World Report. Our lead attorney, Brad Koffel, has been listed in Best Lawyers® since 2008 and was voted one of the “Top 10 Criminal Defense Attorneys in Ohio” by the NACDA. We are passionate about defending people accused of drug crimes, so if you need representation you can count on, call us today.
You can schedule a confidential consultation with our team by using our online form. Schedule your initial defense strategy session today to get help from a leading Columbus marijuana cultivation lawyer at Koffel Brininger Nesbitt.
Call or text 614-884-1100 or complete a Free Case Evaluation form
