The state of Ohio may have been slow to decriminalize marijuana and make it legal for recreational use, but as of 2024, adults can be in possession of marijuana recreationally without facing criminal charges. However, that does not mean drug charges related to marijuana and cannabis products become nonexistent. Anyone who violates the state’s marijuana law could still face criminal charges.
Cincinnati Marijuana Defense Attorney
If you have been accused of a marijuana crime, you may require the legal support of a top-rated Cincinnati marijuana defense attorney. The Wieczorek Law Firm has decades of experience demanding justice and protecting the accused in the Ohio criminal justice system. Consult a skilled Cincinnati drug crimes lawyer from our firm today to determine which defense strategies are most suitable for your case.
- Overview of Marijuana Defense Legal Representation in Cincinnati Ohio
- Common Types of Marijuana Offenses in Cincinnati
- The Criminal Penalties for a Marijuana Conviction Are Severe
- How You Can Defend Yourself Against Marijuana Charges
Common Types of Marijuana Offenses in Cincinnati
Despite the fact that marijuana was decriminalized in 2019 by the city of Cincinnati, according to the City of Cincinnati City Council, and authorized for recreational use in 2023 by Ohio Revised Code Chapter 3780, people can still be arrested for marijuana offenses. Here are some of the most common types of marijuana offenses your marijuana defense attorney in Cincinnati with The Wieczorek Law Firm challenges:
- Possession of Marijuana Paraphernalia – Under ORC Section 2925.141, it is unlawful to be in possession of certain types of marijuana paraphernalia. Although marijuana may be legal for recreational use, any paraphernalia that could indicate signs of drug trafficking could result in criminal charges.
- Marijuana Possession – Under ORC Section 2925.11, you could be charged with a 4th-degree misdemeanor if you have between 100g and 200g of marijuana in your possession. Charges can be elevated to a second-degree felony if you have more than 20,000 g of marijuana in your possession.
- Unlawful Cultivation of Marijuana – Under ORC Section 2925.04, marijuana cultivation can result in criminal charges if you have more than 100g of marijuana in your possession. This is a wobbler offense, so it can be charged at the misdemeanor or felony level, depending on the weight of the marijuana.
- Marijuana Trafficking – Under ORC Section 2925.03, if you are accused of moving more than 200g of marijuana, you could be charged with a felony-level drug crime. The greater the amount of marijuana in your possession, the more severe your charges will be.
The Criminal Penalties for a Marijuana Conviction Are Severe
The criminal penalties associated with a guilty verdict can vary widely depending on the type of marijuana crime you have been accused of committing and the severity of the charges against you. For example, if you are charged with a minor misdemeanor marijuana offense, you might face a fine of $150. However, once you are charged with a fourth-degree misdemeanor under Ohio Revised Code Section 2929.24 or a felony marijuana crime, you could be facing much more expensive fines and time in jail or prison.
For example, if you are convicted of a second-degree felony marijuana offense, you could be fined as much as $15,000 and spend up to eight years in an Ohio state prison. The collateral consequences that follow a guilty verdict will also continue to affect your life even after you have completed your sentence.
This is How You Can Defend Yourself Against Marijuana Charges
The type of marijuana crime you are accused of committing will determine how to approach your defense strategy best. Some potential defenses that may help you secure a favorable outcome include:
- Lack of sufficient evidence – One of the most common defenses in a marijuana possession case is arguing that the prosecution has failed to present sufficient evidence to prove guilt beyond a reasonable doubt. This could include lack of proof that the substance was marijuana, failure to establish that the defendant knowingly possessed it, or unclear chain of custody for the seized evidence. Without solid forensic testing, witness credibility, or a clear connection between the accused and the drugs, the case may be dismissed or result in a not guilty verdict.
- Fourth Amendment Violation, Unlawful Search and Seizure – The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement obtained marijuana through an unlawful search, such as searching a vehicle without probable cause, entering a home without a warrant, or conducting a pat-down without justification, the evidence may be excluded from trial. This “exclusionary rule” can cripple the prosecution’s case if the marijuana was the key piece of evidence obtained through unconstitutional methods.
- Entrapment – Entrapment occurs when law enforcement persuades or pressures an individual to commit a crime they otherwise would not have committed. In a marijuana possession case, this might involve an undercover officer supplying drugs or coercing someone into accepting or handling them. If the defense can show the idea originated with police and that the defendant was not predisposed to commit the offense, a court may dismiss the charges on the grounds of entrapment.
- Mistake of fact – The mistake of fact defense applies when a person did not knowingly possess marijuana because they believed the substance was something else, such as CBD, tobacco, or legal hemp. This defense requires showing that the mistake was reasonable under the circumstances and that there was no intent to possess an illegal substance. Since knowledge and intent are essential elements of a possession charge, a credible mistake can undermine the prosecution’s case.
Meet With a Marijuana Defense Attorney in Cincinnati Today
Marijuana crimes can still carry severe criminal consequences. Do not jeopardize your future by relying on an exhausted public defender who does not have the strength or resources to give your case the attention it deserves. Trust in a dedicated Cincinnati marijuana defense attorney from The Wieczorek Law Firm to safeguard your future.
We will carefully examine the states to determine whether seeking pretrial diversion or a plea agreement is in your best interests. Schedule a free and confidential consultation. You can reach us through our secured contact form or by phone to get started on your defense as soon as today.
