Cultivation

If you have been arrested, indicted or charged with a cultivation of marijuana in Ohio, the first suggestion is that you stay silent until you can speak with an experienced drug crime defense attorney. Utilizing your right to remain silent protects you from self-incrimination, and allows for the best possible defense.

In the state of Ohio, marijuana cultivation can carry serious penalties. Penalties for marijuana cultivation crimes can be the following:

In Ohio, cultivation of less than 100 grams of marijuana is a minor misdemeanor, punishable by a fine up to $150, plus court costs. No jail time can be imposed, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a fourth-degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250 plus court costs.

Cultivation of 100 or more, but less than 200 grams of marijuana is a fourth-degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250 plus court costs, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a third-degree misdemeanor punishable by up to 60 days in jail, and a fine of up to $500 plus court costs.

Cultivation of 200 grams or more, but less than 1 kilogram of marijuana is a fifth-degree felony, punishable by up to 12 months in prison and a fine not to exceed $2,500, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a fourth-degree felony, punishable by up to 18 months in prison, and a fine not to exceed $5,000 plus court costs.

Cultivation of 1 kilogram or more, but less than 5 kilograms of marijuana is a third-degree felony, punishable by up to 36 months in prison and a fine not to exceed $10,000, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a second-degree felony, punishable by up to eight years in prison, and a fine not to exceed $15,000 plus court costs.

Cultivation of 5 kilograms or more, but less than 20 kilograms of marijuana is a third-degree felony, punishable by up to 36 months in prison and a fine not to exceed $10,000, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a second-degree felony, punishable by up to eight years in prison, and a fine not to exceed $15,000 plus court costs. In either instance, there is mandatory minimum prison sentence of nine months in the case of a third-degree felony, and of two years in the case of a second-degree felony.

Cultivation of 20 kilograms or more of marijuana is a second-degree felony, punishable by a mandatory eight-year prison sentence and a fine of $15,000, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a first-degree felony, punishable by a mandatory10-year prison sentence, and a fine of $20,000 plus court costs.