Ohio Marijuana Law FAQ
Many people who have been charged with a marijuana offense in Ohio have questions about the potential sentences they may face, what certain elements of the charges are, and whether they will have a criminal record, among other questions.
Although searching the internet for answers to your questions is one of the best places to start finding information for the marijuana charges against you, nothing compares to speaking to an actual marijuana defense lawyer.
Brian Joslyn of the Joslyn Law Firm in Columbus, Ohio is an experienced attorney and knowledgeable with Ohio’s marijuana laws and will answer your question or concern regarding our state's cannabis laws. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today.
Q. Is marijuana illegal in Ohio?
A. Yes, marijuana possession and trafficking is illegal in Ohio and the United States. If you are charged with a marijuana offense under Ohio law or federal law, you could receive severe punishments, including denial of the right to vote, driver’s license suspension or revocation, fines and jail or prison sentences.
Q. What penalties could I face for marijuana use, possession, trafficking or sale?
A. Penalties for marijuana charges can vary depending on the degree of the offense and the amount of marijuana. Punishments could include jail or prison time, fines, driver’s license suspension, denial of the right to vote, and/or an inability to possess or purchase a firearm.
Q. Under Ohio law, what are the factors that can lead to an arrest?
A. Knowing and reasonable cause to believe that the alleged offender is in possession of marijuana and/or the alleged offender knowingly and has reasonable cause to believe they sell, deliver, transport or cultivate marijuana.
Q. How will a marijuana arrest affect my life?
A. The arrest will show up on professional, housing and educational application, and can impact your professional, personal and social interactions. The arrest can lead to a denial of some government aid, a criminal record, harm your reputation in the community, affect your military status, and/or result in ineligibility to receive certain educational scholarships.
Q. What are some of the most effective defenses to a marijuana arrest?
A. Unlawful searches and seizures in violation of the U.S. Constitution’s Fourth Amendment, failure of law enforcement officials to give you Miranda warnings upon your arrest, and insufficient evidence to support the elements of the charge.
Q. What can a Columbus, Ohio attorney do to defend my case?
A. Your attorney can provide you with the most effective strategies to defend your case from start to finish, including tools such as filing a motion to suppress illegally obtained evidence or a motion to dismiss the charges against you.
Q. If my case goes to court, what are the factors that can lead to an acquittal or “not guilty” verdict?
A. If the judge or jury finds the prosecution fails to meet its burden of proving all of the elements of your marijuana charge beyond a reasonable doubt, you could be acquitted of the charges against you.
Q. What factors could lead to a dismissal of the marijuana charges brought against me?
A. A successful motion to suppress the evidence from your attorney, insufficient evidence, or participation in and successful completion of a drug treatment program could all lead to a dismissal of the charges against you.
Q. Instead of jail or prison time, what other possible penalties could I receive after being charged with a marijuana-related crime?
A. Ohio has drug courts that some alleged offenders are eligible for instead of prison. Other options for punishment instead of jail or prison can include court-ordered participation in a drug treatment program, fines, community service or probation.