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Felony Possession of Marijuana

While possession of small amounts of marijuana (less than 100 grams) has been decriminalized in Ohio and involves only fines with no risk of jail time, an individual who is charged with possessing more than 200 grams of pot faces felony charges that carry much stiffer consequences. A conviction for felony possession of marijuana not only involves stiffer fines and possible jail time, but it can have extremely detrimental effects on future employment, voting rights, and financial aid for higher education.

Ohio Revised Code (ORC) § 2925.11 prohibits the "knowing possession" of a controlled substance, such as marijuana (referred to as "marihuana" in the ORC section on "Possession of controlled substances"), and possession can be actual or constructive. The "knowing" part of this definition means that you are aware that the substance in question is marijuana. Actual possession is having weed on your physical self, but constructive possession means that you can be charged for possession if you are in a location where you have access to a substance that you know is marijuana.

Dayton Felony Possession of Marijuana Lawyer

If you are facing marijuana possession charges in Montgomery County, you should know that it is possible to receive significantly reduced penalties through Ohio drug courts that help you avoid any jail time and a criminal record. The Joslyn Law Firm helps individuals accused of felony possession of marijuana in Dayton and other nearby locations, including Kettering, Beavercreek, Fairborn, and Springfield.

Our knowledgeable felony possession attorneys will aggressively defend you against marijuana charges, and we can help develop a legal strategy that gives you the best chance at obtaining the most favorable outcome to your case. We offer a free initial consultation when you contact our firm at (937) 356-3969 or by sending us a message online.


Montgomery County Felony Possession of Marijuana Information Center


Penalties for Felony Possession of Cannabis in Dayton

The degree of felony charge you face for possession of marijuana increases with the amount of pot involved, and the penalties also become stiffer:

  • Possession between 200 and 1,000 grams — Fifth-degree felony, can result in up to 12 months in prison and $2,500 in fines.
  • Possession between 1,000 and 5,000 grams — Third-degree felony, can result in up to 36 months in prison and $10,000 in fines.
  • Possession between 5,000 and 20,000 grams — Third-degree felony, results in the presumption of a prison term of up to 36 months and $10,000 in fines.
  • Possession between 20,000 and 40,000 grams — Second-degree felony, carries mandatory minimum of five years in prison but can result in up to eight years in prison and $15,000 in fines.
  • Possession of more than 40,000 grams — Second-degree felony, carries mandatory minimum of eight years in prison and up to $15,000 in fines.

Defenses to Ohio Felony Possession of Marijuana

Each identity theft case is unique, but some of the successful defenses in past incidents have included, but are not limited to:

  • Lack of knowledge of the marijuana possession
  • Lack of control over the marijuana possession
  • Fourth Amendment violations, including illegal search & seizure
  • Fifth Amendment violations, including failure to read Miranda warning
  • Marijuana belonged to someone else
  • Marijuana was planted or other entrapment defenses
  • Substance was not actually marijuana

There have been various ballot initiatives to put the issue of medical marijuana up to a statewide vote, but medical marijuana, compassionate use, or necessity defenses are not currently recognized under Ohio law.

Find the Best Felony Possession of Marijuana Lawyer in Dayton

The experienced criminal defense attorneys at the Joslyn Law Firm are ready to help you fight  your felony possession of marijuana charges. We represent clients throughout Montgomery County, including New Carlisle, Troy, Piqua, Huber Heights, and Xenia.

You can receive a free, confidential consultation to discuss your case with our dedicated felony possession lawyers when you contact our firm at (937) 356-3969 or send us a message online. We will work with you closely to have the charges you are facing significantly reduced or dismissed entirely.

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