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 Ohio Marijuana Law
Conditional Decriminalized Mandatory * Details 
  Incarceration Fine 
Possession
Less than 100 g minor misdemeanor*** none $100
100 g to 200 g misdemeanor none variable
200 g to 1000 g misdemeanor 6 months - 1 year variable
1000 g to 5000 g felony 1 - 5 years variable
5000 g to 20,000 g felony 1 - 5 years** variable
20,000 g or more felony 8 years MMS* variable

*Mandatory minimum sentence.
**Presumption of prison.
***A minor misdemeanor does not create a criminal record in Ohio

Cultivation
Less than 100 g minor misdemeanor*** none $100
100 g to 200 g misdemeanor 30 days variable
200 g to 1000 g felony 1 year variable
1000 g to 5000 g felony 1 - 5 years variable
5000 g to 20,000 g felony 1 - 5 years** variable
20,000 g or more felony 2 years MMS* variable

Any 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/Distribution
gift of 20 g or less minor misdemeanor*** none $100
less than 200 g felony
6 - 18 months
variable
200 g to 600 g felony
1 - 5 years
variable
600 g or more felony 6 months MMS* variable
To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions felony increased penalty increased penalty
*Mandatory minimum sentence.
***A minor misdemeanor does not create a criminal record in Ohio
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 30 days $750
Paraphernalia sale misdemeanor 90 days $1,000
Any drug conviction causes driver's license suspension for 6 months to 5 years.
Professional licenses are suspended.

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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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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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