While Ohio has decriminalized small amounts of marijuana possession and established a medical marijuana program, the sale of marijuana outside this regulated system remains illegal. There are legal avenues to cultivate marijuana, as well as to dispense it for medical purposes, but failing to abide by these strict standards can result in loss of licensure and criminal penalties.
Cincinnati Lawyer for Sale of Marijuana Charges
If you have been charged with selling marijuana illegally – don’t panic. There is still a great deal of confusion about Ohio’s marijuana laws, and law enforcement often makes mistakes regarding when a vendor is authorized or not to sell marijuana.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our online contact form.
Overview of the Sale of Marijuana in Ohio
- Sale of Marijuana under Marijuana Laws
- Penalties for the Sale of Marijuana in Ohio
- Federal Law and Marijuana Sales
- Decriminalization and Legalization Trends in Ohio
- Legal Marijuana Sales: The Medical Marijuana Program
- Professional Licensing
- Additional Resources
- Hire an Attorney for Sale of Marijuana Charges in Hamilton County, OH
Sale of Marijuana under Marijuana Laws
Ohio’s laws regarding marijuana are divided into two categories: medical marijuana regulations and criminal penalties for unregulated sales.
- Medical Marijuana
In 2016, Ohio legalized medical marijuana under Ohio Revised Code (ORC) Chapter 3796. The program allows licensed dispensaries to sell marijuana to individuals with qualifying medical conditions. Key provisions include:
- Patients must obtain a recommendation from a certified physician and register with the state.
- Marijuana can only be purchased from licensed dispensaries.
- Smoking marijuana is prohibited; approved forms include oils, edibles, tinctures, and vaporized products.
- Recreational Marijuana
Recreational marijuana remains illegal in Ohio, and the sale of marijuana outside the medical program is subject to criminal penalties under ORC § 2925.03, which governs drug trafficking offenses. That said, marijuana has been decriminalized in Ohio. This means that it is still illegal to possess marijuana, but police will not prosecute residents in certain judicial districts for having marijuana.
However, this does not stop retail vendors, including THC extract and cannabis extract lawyers, as well as “doctor shopping,” which is the practice of looking for new doctors until the patient finds one to issue the prescription they want.
Penalties for the Sale of Marijuana in Ohio
The sale or trafficking of marijuana without authorization is considered a drug trafficking offense. Penalties depend on the amount of marijuana involved and whether aggravating factors are present.
- Sale of Less than 200 Grams
- Offense: Fifth-degree felony.
- Penalties:
- 6 to 12 months in prison.
- Fines up to $2,500.
- Sale of 200 to 1,000 Grams
- Offense: Fourth-degree felony.
- Penalties:
- 6 to 18 months in prison.
- Fines up to $5,000.
- Sale of 1,000 to 20,000 Grams
- Offense: Third-degree felony.
- Penalties:
- 1 to 5 years in prison.
- Fines up to $10,000.
- Sale of Over 20,000 Grams
- Offense: Second-degree felony.
- Penalties:
- 2 to 8 years in prison.
- Fines up to $15,000.
Aggravating Factors
Certain factors can enhance penalties for marijuana sales, including:
- Selling near a school or juvenile facility.
- Selling to a minor.
- Involvement in organized drug trafficking activities.
Federal Law and Marijuana Sales
Despite state-level reforms, marijuana remains a Schedule I controlled substance under federal law (21 U.S.C. § 841). This means that the sale, possession, or distribution of marijuana can lead to federal prosecution, particularly for large-scale operations or interstate trafficking.
Decriminalization and Legalization Trends in Ohio
Ohio has taken steps to reduce penalties for marijuana possession, reflecting broader national trends toward legalization and decriminalization. Decriminalization is tricky, because one judicial district may choose not to prosecute marijuana possession, while another district just 10 miles away may be prosecuted fully.
Decriminalization of Possession
- Possession of less than 100 grams of marijuana is considered a minor misdemeanor:
- No jail time.
- Fines up to $150.
- Local jurisdictions, such as Cincinnati and Columbus, have further reduced or eliminated penalties for small-scale possession.
Recent initiatives have also sought to legalize recreational marijuana in Ohio:
- Proposed Ballot Measures: Advocacy groups have pushed for ballot initiatives to regulate and tax marijuana for adult use.
- Legislative Proposals: State lawmakers have introduced bills aimed at establishing a recreational marijuana market, but none have passed as of yet.
Legal Marijuana Sales: The Medical Marijuana Program
For individuals looking to sell marijuana legally in Ohio, participation in the medical marijuana program is the only option. Key requirements include:
- Licensing and Regulation:
- Businesses must obtain a license from the Ohio Medical Marijuana Control Program (OMMCP).
- Licenses are issued for cultivators, processors, testing laboratories, and dispensaries.
- Compliance with State Laws:
- Adherence to strict rules regarding product quality, packaging, and advertising is mandatory.
- Violations can lead to license revocation and criminal charges.
- Restricted Market:
- Sales are limited to registered medical marijuana patients with qualifying conditions.
Professional Licensing
If a person is found selling marijuana or overprescribing it as a doctor, the chances of losing one’s career are fairly high. The Ohio State Medical Board takes over-prescription seriously, especially in the case of experimental drugs (like marijuana) and opioids. If a doctor is found selling marijuana, they need to contact an attorney immediately to avoid losing their career, as well as criminal penalties.
Additional Resources
Know Your Rights – The ACLU provides an FAQ for marijuana possession, including the legal limits of marijuana possession and use.
Licensing Information – The rules for becoming an adult-use cannabis operator or a testing laboratory are codified in Section 3780.17 of the Ohio state code. Once a person has been accepted, they must submit their fingerprints and photographs to the state legal database.
Hire an Attorney for Sale of Marijuana Charges in Hamilton County, OH
The Wieczorek Law Firm, LLC, led by Mark Wieczorek, has served Ohio since 2008. A former Ohio prosecuting attorney, Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our online contact form.