Columbus Marijuana Possession Lawyer

Marijuana on Ohio: Adult Use & Possible Criminal Charges

Ohio voters decisively passed Issue 2 on November 7, 2023, legalizing adult-use cannabis. This monumental shift in Ohio’s marijuana policy aligns the state with the national trend of cannabis reform. However, it’s crucial to recognize that the legalization of recreational marijuana in Ohio does not apply retroactively, meaning prior convictions won’t be automatically expunged. Further, driving under the influence of marijuana remains illegal, and the full extent of law enforcement’s authority under the new law is yet to be determined.

Marijuana Legalization in Ohio

Issue 2 permits adults aged 21 and over to possess up to 2.5 ounces of marijuana and cultivate up to 6 plants individually or 12 per household. Commercial cannabis sale is authorized, but local jurisdictions can restrict it, and tax revenue will fund various community initiatives. While recreational use is legal, employers can enforce drug-free workplace policies, and federal employees must adhere to federal standards.

For individuals facing pending marijuana-related charges in Columbus, Ohio, that occurred prior to passage or if you’d like to pursue an expungement of a past marijuana conviction, it’s essential to consult an experienced attorney. Also, new marijuana-related charges are still possible for non-compliance with the new regulations.

At Luftman, Heck & Associates, we are dedicated to guiding you through these complex legal changes and protecting your rights. Contact us at (614) 500-3836 for a free and confidential case evaluation. We’ll explain the law, your rights, and what to do next.

What Exactly is Marijuana?

Marijuana is typically used in the form of the dried leaves, stems, seeds, and flowers of the plant Cannabis sativa. Users may feel a psychoactive effect from the drug, although, in some states, it may legally be used for medicinal purposes, such as to alleviate pain and nausea suffered by cancer patients undergoing chemotherapy. The active ingredient in marijuana is THC, which is found in its highest concentrations in the leaves and flowers. The most common way to use marijuana is to smoke it, which allows the THC to be absorbed from the lungs into the bloodstream, which in turn transports the chemical to the brain, where it acts on certain receptors to create a euphoric feeling known as a “high.”

Under Ohio Rev. Code 3719.41(C), marijuana is classified as a Schedule I drug and grouped with hallucinogens such as LSD or peyote. Schedule I drugs are considered to have the highest potential for abuse and no approved medical or therapeutic benefit. For purposes of the state’s criminal drug laws, marijuana includes all parts of the cannabis plant, its seeds, its resin, and any compound, derivative, or mixture containing cannabis. The definition in Ohio Rev. Code 3719 excludes the mature stalks of the plant and its compounds and derivatives, and fiber produced from the stalks such as hemp rope.

Is Marijuana Possession Still a Crime in OH?

Under the new law, possession of up to 2.5 ounces of marijuana is legal for adults over 21. However, criminal possession of marijuana remains a possibility based on the amount and circumstances.

The elements of criminal marijuana possession boil down to:

• Was marijuana found in your possession?
• You knew or believed the substance was marijuana
• You intended to possess it

Actual & Constructive Cannabis Possession

You can be charged with possession even if the marijuana is not on your person. Ohio law recognizes two forms of possession: actual and constructive. Possession essentially comes down to the legal idea of “dominion and control,” or in other words ownership or the ability to immediately take physical possession.

• Actual Possession — This is when the marijuana is found on you, such as in your pocket or in a bag you’re carrying.
• Constructive Possession — This is a broader way of defining possession, and can include marijuana that is found in your apartment or in your car. If you’re aware the marijuana is in your car and a reasonable person could believe that the marijuana belongs to you, you may be considered to have constructive possession. Constructive possession also may include giving a bag of pot to a friend to hold for you. If the pot is found on your friend, but a jury can be convinced that it was actually yours, you may be considered to have constructive possession.

The Penalties for Criminal Marijuana Possession

With the passage of Issue 2, adults 21 and over can now legally possess up to 2.5 ounces of marijuana (approx. 70 grams) and cultivate up to 6 plants for personal use (12 per household). Possession beyond these limits remains illegal. Possession near a juvenile can increase penalties.

Additionally, whenever you’re convicted of a drug offense in Ohio, you face loss of driving privileges for anywhere from six months to five years, regardless of whether you were driving at the time you were charged.

Here’s how the penalties break down in the Ohio Revised Code.

• For less than 100 grams, possession of marijuana is considered a minor misdemeanor punishable by a fine of up to $150
• For 100 to 200 grams, possession of marijuana is considered a fourth degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250
• For 200 to 1,000 grams, possession of marijuana is considered a fifth degree felony punishable by six (6) months to one (1) year in prison and a fine of up to $2,500
• For 1,000 to 5,000 grams, possession of marijuana is considered a third degree felony punishable by one (1) to five (5) years in prison and a fine of up to $10,000
• For 5,000 to 20,000 grams, possession of marijuana is considered a third degree felony punishable by one (1) to five (5) years in prison and a fine of up to $10,000
• For 20,000 to 40,000 grams, possession of marijuana is considered a second degree felony punishable by a mandatory five (5) to eight (8) year prison sentence and a fine of up to $15,000
• For over 40,000 grams, possession of marijuana is considered a second degree felony punishable by a mandatory eight (8) years in prison and a fine of up to $15,000

Consequences of Marijuana Convictions

Even a minor marijuana possession conviction could have a lasting effect on your life. If you’re a student or planning to pursue a degree at some point, a drug conviction may bar you from admission to a college or university and can prohibit you from getting federal financial aid, such as grants or student loans, to pay for school. Drug convictions also can be a barrier to getting a job or renting an apartment, and may affect your immigration status if you are not a U.S. citizen.

However, with the help of a skilled Columbus marijuana possession lawyer, you may be able to avoid a conviction, get your charge reduced, or enter into an alternative sentencing agreement, such as going through a substance abuse program, so that you can move on with your life after an unfortunate mistake.

Possession Defenses to Cannabis Charges

There are a number of ways that you may be able to fight the marijuana possession charge with the help of an experienced criminal defense attorney. A Columbus marijuana possession lawyer will do a detailed review of every piece of evidence and testimony in your case, as well as the process the police used to find the marijuana and arrest you for the crime. It very well may be that your rights were violated somewhere along the way, or the evidence was collected using procedures that were tainted.

Some common defense strategies include:

• Proving that you have physician certification to use medical marijuana
• Challenging whether the drug was in your possession if you had no dominion and control
• Challenging whether the police had probable cause to search you
• Arguing that evidence was obtained improperly and shouldn’t be allowed into court
• The police didn’t properly administer your Miranda rights warning
• The police used illegal wiretapping or surveillance
• Challenging evidence found using drug-sniffing dogs
• Challenging whether the officer had reasonable suspicion to seize you
• Challenging whether the state can prove that the substance they seized is marijuana

Charged with possession? Contact a Columbus marijuana possession lawyer today.

While medical and adult-use recreational marijuana usage is now legal, a criminal possession charge is still possible and can result in jail time, fines, and a mark on your criminal record if you’re convicted. Additionally, marijuana charges in your past are not automatically cleared from your record. This is why having a drug crimes lawyer in Columbus is essential. Call LHA at (614) 500-3836 or via email at advice@columbuscriminalattorney.com for a free consultation. We are available 24/7.

For over a decade, the Columbus criminal defense lawyers at LHA have successfully represented clients on criminal offenses ranging from minor misdemeanors to first-degree felonies. That extensive previous experience will enable us to better help you.

Talk to a Columbus Criminal Defense Lawyer Today

If you have any questions about the material or if you need an experienced, competent attorney, call the Columbus criminal defense attorneys at Luftman, Heck & Associates at (614) 500-3836.