Felony Marijuana Possession
Ohio’s laws prohibit a person from knowingly obtaining, possessing or using a controlled substance, including marihuana. Marihuana, also known as marijuana, pot, weed, hydro, marihuana, ganja, bud, chronic, cannabis, hash or hashish, is one of the most popular recreational drugs abused in Ohio. The penalties for felony possession of marijuana can be extremely severe, depending on the amount possessed. Consequences and repercussions for felony marijuana possession can include, but are not limited to:
- Jail or prison sentences,
- Loss of right to vote,
- Inability to obtain academic financial aid,
- Mandatory driver’s license suspension, and/or
- Inability to hold certain professional positions.
Columbus Felony Possession of Marijuana Lawyer
If you have been charged with felony marijuana possession in Columbus, Ohio, contact the Joslyn Criminal Defense Law Firm. Brian D. Joslyn of the Joslyn Criminal Defense Law Firm is a knowledgeable Columbus felony possession of marijuana lawyer who will vigorously defend your marijuana possession charges. Call the Joslyn Criminal Defense Law Firm at (614) 444-1900 for a free consultation in Franklin County and the surrounding counties in Ohio.
Definition of Felony Possession of Marijuana
Under Ohio law, felony possession of marijuana is governed by Ohio Rev. Code § 2925.11. That section states, “No person shall knowingly…possess…a controlled substance.”
The Elements of Felony Possession of Marijuana
The knowing element of a felony marijuana possession offense involves purposeful conduct and awareness that the substance possessed is marijuana.
The possess element of a felony marijuana possession offense is defined as having control over the controlled substance question and/or a reasonable belief that the substance possessed is, in fact, marijuana. Reasonable belief is generally defined by what an average person or an individual with similar knowledge of and familiarity with the substance would believe under the circumstances.
Felony Marijuana Possession Under Ohio Law
Under Ohio law, possession of more than 200 grams is a felony. The degree of the penalty imposed depends largely upon the amount possessed and to what degree the possession exceeds the bulk amount.
R.C.§ 2925.01(E)(1) defines the bulk amount as “[a]n amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation, or substance which is, or which contains any amount of, a Schedule I opiate or opium derivative, or cocaine”. Marijuana is classified as a Schedule1 drug in Ohio.
Penalties For Felony Possession of Marijuana
Pursuant to § 2925.11, the following describes penalties for a felony possession of marijuana conviction. Other degrees of marijuana possession not listed below are classified as misdemeanors.
Possession involving 200 grams or more, but less than 1,000 grams is a felony of the fifth degree.
A person will receive a prison sentence for fifth degree felony charge if they:
- Caused physical harm to a person;
- Attempted to cause or made an actual threat of physical harm to a person with a deadly weapon;
- Attempted to cause or made an actual threat of physical harm to a person; and/or
- Had a previous conviction for causing physical harm to another (R.C. § 2929.13 (B)(1)).
Possession of 5,000 grams or more, but less than 2,000 grams is a felony of the third degree.
Possession of 2,000 grams or more is a felony of the second degree, which will result in a mandatory prison term.
Indirect Consequences of Felony Possession of Marijuana
Along with the direct criminal consequences associated with felony possession of marijuana, there are also lasting indirect repercussions, including, but are not limited to:
- A criminal record
- Harm to your reputation in the community
- Inability to apply for some government assistance
- Inability to apply for certain academic financial aid
- Harm to your military status
- Inability to apply for and receive certain professional positions
- Denial of the right to hold public office
- Denial of the right to vote
- Jeopardizing adoption or child custody proceedings
Additionally, an individual’s license will be suspended for a mandatory period of six months, but not more than five years.
Joslyn Criminal Defense Law Firm | Columbus Felony Marijuana Possession Attorney
Contact the Joslyn Criminal Defense Law Firm today for a consultation about your felony marijuana possession charge in Columbus, Ohio. It is important to hire an experienced Columbus possession of marijuana attorney who will make every effort to help you find the best possible outcome for your situation.
Call (614) 444-1900 for a consultation about your marijuana charges in Franklin County and surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.