Marijuana, also known as marihuana, pot, weed, bud, hydro, ganja, bud, cannabis or chronic is one of the most commonly used recreational substances in Dayton.
However, criminal charges for a marijuana offense in Dayton can result in serious penalties and repercussions if the alleged offender is ultimately convicted of the offense, including, but not limited to:
- A criminal record
- Jail or prison time
- A driver's license suspension
- An inability to own or possess a firearm for certain marijuana felony convictions
- Ineligibility to apply for certain jobs, profession or occupations, and
- Ineligibility to be accepted into certain college or graduate school programs.
It is important to know that if you have been charged with a marijuana offense in Dayton, you do not necessarily have to face a conviction. The state prosecutor is first required to prove you committed every element of the offense beyond a reasonable doubt. This can be a very difficult burden of proof to satisfy, and if the judge or jury has any doubt you committed n element to the offense, the charges against you may be reduced or even dismissed. Therefore, it is important to contact an experienced criminal defense attorney in Dayton help you identify the best legal strategy for your particular situation.
Dayton Marijuana Defense Lawyer
Contact the Joslyn Law Firm for a consultation today about your alleged marijuana offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of Ohio’s marijuana laws and will make every effort to achieve the most desirable outcome in your particular situation. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a marijuana crime throughout Dayton, Ohio.
Dayton Marijuana Crimes Information Center
- Marijuana Crimes in Dayton
- Dayton Medical Marijuana
- Dayton Penalties for Marijuana Crimes
- Marijuana Drug Courts in Dayton
- Dayton Marijuana Resources
As Ohio has not decriminalized nor legalized marijuana, the various marijuana offenses and penalties are defined in Chapter 2925 of the Ohio Revised Code. Some of the most commonly charged marijuana crimes in Dayton can include:
Misdemeanor Possession of Marijuana – An individual can be charged with this offense if they constructively or actually have less than 200 grams of marijuana in their possession. This offense is punishable as a minor misdemeanor or a misdemeanor of the fourth degree, depending on the amount of marijuana.
Felony Possession of Marijuana – An individual can be charged with this offense if they constructively or actually have 200 grams or more of marijuana in their possession. This offense is punishable as a felony of the fifth degree, felony of the third degree or felony of the second degree, depending on the amount of marijuana in the alleged offender's possession.
Illegal Cultivation of Marijuana – An individual can be charged with this offense if they knowingly cultivate, grow, manufacture or engage in the production of marijuana in any way. This offense is punishable as a misdemeanor of the fourth degree, felony of the fifth degree, felony of the third degree or felony of the second degree, depending on the amount of marijuana allegedly cultivated. Additionally, this offense can be upgraded to the next highest degree of punishment if they offense was committed near a school or minor child.
Trafficking in Marijuana – An individual can be charged with this offense if they sell or offer to sell, preparing for shipment, ship, transport, deliver, prepare for distribution marijuana knowing the marijuana is intended to be sold or re-sold. This offense is generally punishable as a felony of the fifth degree, felony of the fourth degree, felony of the third degree or felony of the second degree, depending on the amount of marijuana. The penalties for a conviction for this offense can be increased to the next highest degree if the offense was committed near a school or child.
Although approximately 15 states have legalized marijuana and many world health organizations, doctors and scientists agree that marijuana has some form of medical benefit, Ohio has not yet legalized or decriminalized the use of marijuana.
It has been shown that medicinal marijuana is beneficial to some patients in treating pain relief associated with nerve damage, movement disorders, and glaucoma, and is helpful in suppressing nausea associated with cancer treatments. Additionally, medical marijuana is often used as an appetite stimulant in individuals suffering from HIV, AIDS and cancer.
According to the Ohio Revised Code, the general penalties an individual face for a marijuana crime conviction in Dayton are as follows:
- An individual convicted of a minor misdemeanor marijuana offense can face a fine up to $150.
- An individual convicted of a misdemeanor of the fourth degree can face a jail sentence up to 30 days and/or a fine up to $250.
- An individual convicted of a felony of the fifth degree marijuana offense can face a prison sentence up to 30 days and/or a fine up to $2,500.
- An individual convicted of a felony of the third degree marijuana offense can face a fine up to $10,000 and/or a prison sentence ranging from one to five years.
- An individual convicted of a felony of the second degree marijuana offense can face a prison sentence up to eight years and/or a fine up to $15,000.
An individual convicted of a marijuana offense in Dayton may be subject to increased penalties for a marijuana conviction, depending on a variety of factors, such as:
- The amount of marijuana involved in their offense,
- Whether a weapon was used during the commission of the offense,
- Whether the alleged offender had a previous conviction,
- Whether the offense occurred near a school or minor children, and/or
- Whether serious bodily injury or death resulted to anyone during the commission of the offense.
Many counties in Ohio provide drug courts as an alternative sentence to jail or prison time and fines for eligible offenders. Individuals who are generally eligible can include individuals who have been charged with low-level, nonviolent offenses, including many offenses involving marijuana. Various drug court programs are available in Montgomery County, Miami County, Clark County and Greene County.
In order to complete the voluntary drug program for a marijuana offense, the alleged offender must comply with strict supervision and treatment requirements. The drug court programs generally last around 18 months, and if the alleged offender successfully completes the program, they are released, often without a conviction of the underlying offense. However, if the alleged offender fails to complete the program, they may face a conviction for their underlying offense, in addition to increased penalties and repercussions.
In certain marijuana cases, your criminal defense lawyer may be able to identify mitigating factors or defenses that can possibly help reduce or even result in a dismissal of the charges against you. Since defenses are not available in all situations involving marijuana charges, it is very important to first consult with a criminal defense attorney to discuss the particular facts of your case. Some of the most common defenses to marijuana crimes in Dayton can include:
- You did not have actual or constructive possession of the marijuana
- Your identity was mistaken by law enforcement officials
- Your home, car or person were illegally searched by law enforcement
- Miranda Warnings were not given to you by the arresting officer
- The prosecution does not have enough evidence to convict you of an offense
- You did not have the required mental state to commit the offense, such as intent
- The law enforcement officials entrapped you into committing an offense
National Organization for the Reform of Marijuana Laws (NORML) – This national organization aims to reform marijuana prohibition throughout the nation so the responsible adult use of marijuana is no longer criminalized.
Law Enforcement Against Prohibition (LEAP) – LEAP is an international organization made up of criminal justice professionals who believe current drug policies are more hurtful than beneficial and aim to reform current drug laws.
Marijuana Policy Project (MPP) – This national organization seeks to change state marijuana laws and policies in order to reduce or eliminate penalties for both medical and non-medical use of marijuana.
MPP – Ohio Website – The MPP's Ohio website provides information on Ohio’s marijuana laws and issues, in addition to current medical marijuana legislation news in Ohio.
Ohio Revised Code – This link is to Chapter 2925 of the Ohio revised Code, which defines Ohio marijuana offenses and penalties, including simple possession of marijuana, felony marijuana possession, marijuana cultivation and marijuana trafficking.
Office of National Drug Control Policy – This national governmental drug agency provides information on marijuana, including various uses of marijuana, common names associated with marijuana, and the federal penalties for committing a federal marijuana offense.
Joslyn Law Firm | Dayton Marijuana Crimes Defense Attorney
If you have been accused of a marijuana offense throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an experienced criminal defense attorney in Dayton who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged marijuana crime in Dayton.