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Illegal Cultivation / Grow Houses

Creating or producing controlled substances in Ohio is typically referred to as drug manufacturing, but the process of manufacturing marijuana (referred to in the Ohio Revised Code as “marihuana”) is known as cultivation. Ohio Revised Code § 2925.01(F) defines cultivate as including planting, watering, fertilizing, or tilling.

While marijuana was long grown hidden in outdoor sites, recent years have seen a nationwide increase in the number of “grow houses”—indoor properties (often residential homes) that are used to grow cannabis. Law enforcement agencies throughout Ohio have placed a greater emphasis on investigating and prosecuting people who operate grow houses and cultivate marijuana.

Attorney for Illegal Cultivation / Grow House Arrests in Dayton, OH

If you were arrested or think that you could be under investigation for allegedly cultivating marijuana or operating a grow house in the Miami Valley area, it will be in your best interest to immediately retain legal counsel. Joslyn Law Firm aggressively defends clients accused of marijuana offenses in communities throughout Clark County, Miami County, Montgomery County, and Greene County.

Dayton criminal defense lawyer Brian Joslyn will fight to protect your rights and help you achieve the most favorable resolution to your case that results in the fewest possible penalties. Call (937) 356-3969 right now to have our attorney provide a complete evaluation of your case during a free initial consultation.


Ohio Marijuana Cultivation / Grow Houses Information Center


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Montgomery County Illegal Marijuana Cultivation Charges

Knowingly cultivating marijuana is a criminal offense under Ohio Revised Code § 2925.04. The classification of cultivation crimes depends on the amount of cannabis involved in an alleged offense as well as the location of the alleged violation.

Marijuana cultivation crimes in Ohio are generally classified as follows:

Amount

Offense Level

Guidance

Less than 100 grams

Minor misdemeanor, but fourth-degree misdemeanor if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

None

100 grams or more but less than 200 grams

Fourth-degree misdemeanor, but third-degree misdemeanor if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

None

200 grams or more but less than 1,000 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B)

1,000 grams or more but less than 5,000 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C)

5,000 grams or more but less than 20,000 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

20,000 grams or more but less than 40,000 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile


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Illegal Cultivation / Grow House Penalties in Dayton

The possible punishments alleged offenders receive if convicted for cultivating cannabis depend on the classification of the alleged offense. As the guidance column above indicates, certain convictions can result in mandatory prison sentences.

The maximum sentences that can be imposed for marijuana cultivation crimes are as follows:

  • Minor Misdemeanor — Fine of up to $100;
  • Fourth-Degree Misdemeanor — Up to 30 days in jail and/or fine of up to $250;
  • Third-Degree Misdemeanor — Up to 60 days in jail and/or fine of up to $500;
  • Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or
  • First-Degree Felony — Up to 11 years in prison and/or fine of up to $20,000.

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Ohio Marijuana Cultivation / Grow House Resources

Cultivation | Ohio Medical Marijuana Control Program — House Bill 523, effective on September 8, 2016, legalized medical marijuana in Ohio. Visit this section of the state’s Medical Marijuana Control Program website to learn more about cultivation of medical marijuana. You can learn how to become a cultivator, how to get an application to become a cultivator, and what the designated territories are.

Cannabis Eradication Program | Drug Enforcement Administration (DEA) — On this section of the DEA website, you can learn more about the agency’s Domestic Cannabis Eradication/Suppression Program (DCE/SP), the only nationwide law enforcement program that exclusively targets Drug Trafficking Organizations (DTO) involved in cannabis cultivation. Russ Baer of the DEA told The Daily Beast in April 2016 that Ohio was in the top 10 states producing the most marijuana and Ohio was granted more than half a million dollars in 2015 for its cannabis eradication program, putting it in the top five of state recipients. You can view DCE/SP statistics for each of the prior five years.


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Joslyn Law Firm | Dayton Illegal Cultivation / Grow House Defense Lawyer

Do you believe that you might be under investigation or were you already arrested anywhere in Montgomery County for an alleged marijuana cultivation offense? You should not make any kind of statement to authorities until you have contacted Joslyn Law Firm.

Brian Joslyn is an award-winning criminal defense attorney in Dayton who represents individuals in Piqua, Springfield, Troy, Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, and many surrounding areas in the Miami Valley region. Our lawyer can review your case and discuss all of your legal options as soon as you call (937) 356-3969 or fill out an online contact form to take advantage of a free initial consultation.


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