Many states have relaxed their marijuana laws, including Ohio. Ohio has decriminalized some marijuana crimes, but not all. Ohio’s current law on marijuana has caused some confusion. As a result of this confusion, many people wonder, how much weed is a felony in Ohio?
A conviction for felony weed charges in Ohio can lead to significant problems for you. If you have felony weed charges, you need a lawyer with extensive experience defending drug charges in Ohio.
A seasoned Ohio drug defense lawyer will review your case thoroughly to find the best defense for your case.
How Much Marijuana Is a Felony in Ohio?
Under Ohio law, possession of weed is a misdemeanor crime. The severity of the charges increases when the weight of the drug increases.
Notwithstanding, the police cannot charge you with felony possession of weed until you have 200 grams or just over seven ounces. The following table sets forth felony charges for possession of weed and the potential penalties involved.
|Amount of Weed||Degree of Felony||Punishment||Minimum-Mandatory?|
|200 to 999 grams||Fifth||Possibility of Community Control||No|
|1,000 to 4,999 grams||Third||Possibility of Community Control||No|
|5,000 to 19,999 grams||Third||Presumption of Incarceration||No|
|20,000 to 40,000||Second||Five to Eight Years||Yes|
A judge in Ohio may sentence you to prison for a fifth-degree or third-degree felony weed conviction. However, Ohio’s felony sentencing law allows judges to consider a combination of community control sanctions as an appropriate punishment instead of throwing you in jail.
Consulting an Ohio drug lawyer who has a wealth of experience defending felony weed charges in Ohio could help you avoid a harsh prison term.
Collateral Consequences of a Felony Weed Conviction in Ohio
The possibility of going to jail is the biggest concern for our clients when they ask us, How much marijuana is a felony in Ohio? Avoiding jail time is often our clients’ number one priority. However, we discuss all the possible consequences of a felony weed conviction.
You cannot make a rational choice about your future if you do not fully understand all the possible pitfalls of receiving a felony weed conviction in Ohio. We advise our clients that a conviction for felony weed possession means that they might:
- Face deportation, denial of naturalization, or exclusion from the United States;
- Lose their driver license;
- Forfeit any money seized in connection with felony weed charges; and
- Face suspension of their professional license under Ohio law.
These are a few common collateral consequences of a felony weed conviction. You could face others. That is why you need an aggressive advocate who fully understands your rights to help you in this troubling time.
Ohio Felony Weed Defenses
There is no one best defense for felony possession of weed charges in Ohio. The best defense is often a combination of tactics designed to expose the weaknesses in the prosecution’s case. Examples of felony weed defenses in Ohio include:
- Arguing motions to suppress because the police violated your rights to be free from unreasonable searches and seizures;
- Arguing motions to dismiss because the prosecution does not have enough evidence to proceed to trial against you;
- Taking the case to trial when if the prosecution’s evidence linking you to the drugs is weak; and
- Negotiating a plea bargain in the appropriate circumstances.
The strongest defenses for you depend on the facts of your case and who you are as a person. We take into account your prior criminal record, family background, work experience, educational history, and health in addition to the facts of your case when creating a defense strategy.
Call Us for Answers
If you have any questions concerning how much weed is a felony in Ohio, we are here to help. Our trial-tested Ohio drug defense attorneys will fight to protect your rights.