What Are the Laws on Marijuana Possession in Ohio?

Since the legalization of recreational marijuana use in Ohio in December 2023, adults have been able to use cannabis without facing legal repercussions. However, the laws on marijuana possession remain complex, and some circumstances can still lead to penalties. The legal team at DiCaudo, Pitchford & Yoder receives many questions about marijuana possession laws, and we have compiled this helpful guide to inform you of what you need to know.

Recreational Marijuana Use in Ohio

Ohio’s new laws allow adults aged 21 or over to purchase marijuana for recreational use, but only from a licensed “adult use dispensary,” regulated by the Ohio Division of Cannabis Control. Adults may use, possess, transport, and transfer marijuana and marijuana extract, but only up to certain amounts. Beyond 2.5 grams of marijuana or 15 grams of marijuana extract can lead to prosecution for marijuana possession or trafficking.

Furthermore, adults aged 21 or over may also grow and process cannabis plants at their primary residence, and they may give away the plants they have cultivated to other adults. However, the amount that a person may cultivate or gift is legally limited to six plants. Cultivating or giving away more than six plants may lead to prosecution for marijuana cultivation or trafficking.

Misdemeanor Marijuana Possession and Cultivation Charges and Sentences in Ohio

If an individual cultivates or is in possession of more than 2.5 grams but less than 100 grams of marijuana in Ohio, the cultivation or possession charge is classified as a minor misdemeanor, which carries a possible driver’s license suspension. However, possession and cultivation charges within this range do not carry a jail term.

If an individual cultivates or is in possession of between 100 and 199 grams of marijuana, the state can charge them with a fourth-degree misdemeanor possession or cultivation charge. If convicted, the individual may face up to 30 days in jail, up to five years of probation, and a possible driver’s license suspension.

The level of cultivation charges increases if done in the vicinity of a juvenile or school.

Felony Marijuana Possession and Cultivation Charges and Sentences in Ohio

For charges of marijuana possession or cultivation of amounts between 200 grams and one kilogram, an individual can face fifth-degree felony charges with a prison term of up to one year and probation of up to five years.

For possession or cultivation of amounts between one kilogram and twenty kilograms, the charge is a third-degree felony with a prison sentence of between one and five years.

Possession or cultivation of more than twenty kilograms may result in second-degree felony charges, with a prison term of up to eight years.

Contact DiCaudo, Pitchford & Yoder

If you are facing legal difficulties due to marijuana possession in Ohio, the attorneys at DiCaudo, Pitchford & Yoder can give you the support and advocacy you need. We can challenge the legality of your arrest, fight for reduced sentences, or seek an acquittal in court. Contact us today for a free consultation to learn more.