While possession, cultivation, and sale of marijuana are still illegal at the federal level, many states have passed laws to legalize the popular drug. Ohio recently joined the majority of states in the country and decriminalized the use of medical marijuana. The state is considering legislation to decriminalize its recreational use, as well. Here is a brief overview of the current marijuana laws in Ohio.

Recreational Use of Marijuana in Ohio

It is currently illegal to possess, sell, or grow marijuana in the state of Ohio for recreational purposes. The severity of the charge you will face will depend on the nature of your crime and the amount of marijuana that is found to be in your possession.

Possession & Cultivation of Marijuana

Possession and/or cultivation of marijuana in Ohio can be a misdemeanor or felony offense. The severity of the charge you face is directly related to the amount of marijuana that is found to be in your possession.

Less Than 100 Grams: Misdemeanor punishable by $150 fine.

100 – 200 Grams: Misdemeanor punishable by 30 days in jail and/or $250 fine.

200 – 1,000 Grams: Felony punishable by 1 year in jail and/or $2,500 fine.

1,000 – 20,000 Grams: Felony punishable by 1-5 years in prison and/or $10,000 fine.

20,000 – 40,000 Grams: Felony punishable by no less than 5-8 years in prison and/or $15,000 fine.

More Than 40,000 Grams: Felony punishable by no less than 8 years in prison and/or $20,000 fine.

Sale & Distribution of Marijuana

It is a crime to sell, distribute, and/or traffic marijuana in the state of Ohio. Selling marijuana can be charged as a misdemeanor or felony offense. The specific charge you face will depend on the amount of marijuana that you provide to another person and where the sale takes place. Under Ohio’s marijuana laws, you can face criminal charges for gifting small amounts of the drug to another person. In these situations, there is no requirement that you receive any form of compensation in return. Giving a gift of marijuana in Ohio is a misdemeanor punishable by $150 fine (first offense) or $500 fine (second offense). The sale of marijuana is punishable as follows.

Less Than 200 Grams: Felony punishable by 1 year in jail and/or $500 fine.

200 – 1,000 Grams: Felony punishable by 18 months in prison and/or $2,500 fine.

1,000 – 20,000 Grams: Felony punishable by 1-5 years in prison and/or $10,000 fine.

20,000 – 40,000 Grams: Felony punishable by no less than 5-8 years in prison and/or $15,000 fine.

More Than 40,000 Grams: Felony punishable by no less than 8 years in prison and/or $20,000 fine.

Penalties will be aggravated if the sale of marijuana takes place in a school zone or near a child.

Possession & Sale of Marijuana Paraphernalia

Ohio criminalizes the possession and sale of marijuana paraphernalia. Possessing marijuana paraphernalia is a misdemeanor offense which is punishable by a fine of $150. Selling marijuana paraphernalia is a misdemeanor offense which is punishable by up to 90 days in jail and/or a fine of $750.

Medicinal Marijuana in Ohio

In 2016, Ohio lawmakers voted to join 28 other states and legalize the medicinal use of marijuana. Under the law, eligible Ohio residents will be able to legally possess a 90-day supply of medical marijuana. However, only certain forms of marijuana are permitted in the program. Smoking or vaporizing marijuana will still be prohibited. Eligible residents who are registered in the Ohio Medical Marijuana Control Program will be able to possess and cultive oils, tinctures, plant material, edibles, and patches to aid in their treatment or recovery.

Ohio residents will be considered eligible for the medical marijuana program if they are diagnosed with one of the following approved conditions:

AIDS/HIV
Alzheimer’s
ALS
Cancer
Chronic Traumatic Encephalopathy
Crohn’s Disease
Epilepsy
Fibromyalgia
Glaucoma
Hepatitis C
Inflammatory Bowel Disease
Multiple Sclerosis
Chronic Pain
Parkinson’s Disease
Post Traumatic Stress Disorder
Sickle Cell Anemia
Spinal Cord Disease
Tourette’s Syndrome
Traumatic Brain Injury, or
Ulcerative Colitis.

Once an Ohio resident is diagnosed by a physician they must register with the State Board of Pharmacy to obtain an identification card. Once the card is issued, registered patients may purchase limited amounts of marijuana from licensed medical marijuana dispensaries.