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Ohio's Marijuana Possession Defined

While marijuana possession and use is becoming legal in some states throughout the country, it is still currently illegal in the state of Ohio. It can lead to possible fines, jail time, and a conviction of marijuana possession results in a minimum suspension of your driver’s license for six months. The idea of possession is a little abstract and has some gray areas. For example, you do not need to have marijuana on you to possess it. It may not be in you pocket or glove compartment, but if it’s at your work locker, it is in your possession. On the contrary, if your passenger places marijuana under your car seat without your knowledge, it is not in your possession.

In Ohio, marijuana possession can be classified as a minor misdemeanor, misdemeanor, or felony. The minor misdemeanor is possession of less than 100 grams and carries no criminal record or jail time but may have a fine up to $150. The misdemeanor is possession of 100-200 grams and can have jail time up to 30 days and a fine up to $250. The felony possession charge is anything over 200 grams with longer jail times for more quantities. Like many laws, there are some wrinkles of the law to be aware of. Possession of marijuana related substances such as hashish and hash oil carry similar penalties but require less amounts due to the potency. All of these can carry harsher penalties if you are caught in a neighboring state. The surrounding states do not care where you bought the marijuana, you will be prosecuted to the full extent of their laws.

A good defense attorney can have certain evidence suppressed if an illegal search was conducted. This will leave the prosecution with no case against you. They may be able to argue that you were not the one in the possession of the marijuana. If you have been charged with marijuana possession, contact an attorney at DiCaudo, Pitchford & Yoder today.

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