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Marijuana Possession with Intent to Sell

Unlike other states, Ohio doesn't have a specific statute addressing possession of marijuana with the intent to sell. However, if a law enforcement officer finds cannabis and what he or she perceives to be enough evidence for selling it on or near your person, you can be charged under drug trafficking laws. Drug trafficking is a much heftier marijuana charge than simple possession and comes with penalties like mandatory prison terms, court-ordered treatment, a criminal record, hefty fines, and a loss of certain professional licenses. An experienced Dayton criminal defense lawyer will be able to examine your case and customize a defense to increase your chances of a favorable outcome.

Dayton Marijuana Possession with Intent to Sell Lawyer

The experienced criminal defense attorneys at Joslyn Law Firm are passionate about fighting for the rights of individuals and favorable outcomes in marijuana cases like yours. If you have been charged with possession of weed with intent to sell or drug trafficking in Montgomery County, Miami County, Clark County, Greene County, or the surrounding areas contact the dedicated legal team at Joslyn Law Firm. We will examine your case closely and use any defense necessary to keep a drug charge off your record. Call (937) 356-3969 to schedule your free consultation today.


Possession of Pot with Intent to Sell in Dayton

In order to be charged under drug trafficking for weed possession with intent to sell, five elements must be present. Each element may seem simple at first, but there are several legal implications and rights to be protected in each one that the prosecution must prove exist in their evidence. These factors are:

Possession – Defined as having actual or constructive possession of a substance that you know or should reasonably know to be marijuana. Constructive possession means it can be in your presence without being on your person, but you still have dominion and control over it.

Knowledge – Knowing or should reasonably know that the substance in your possession is pot and deliberately possessing with intent to sell now or at a later time

Intent – You have the purpose to sell the cannabis in your actual or constructive possession.

Sale – The preparation, shipment, transport, delivery, or exchange of marijuana from one place or person to another.

Reasonable Cause to Believe – This is what the average person would believe under similar circumstances.

The actual law in Ohio Rev Code § 2925.03 states that a person shall not sell, offer to sell, or prepare to ship, transport or deliver marijuana when he or she has reasonable cause to believe it is marijuana intended for sale. The reasonable cause to believe is where individuals accused of intent to sell can be charged under drug trafficking law. These charges and penalties are extremely punitive in Ohio; an experienced criminal defense lawyer can build a strong case to fight for a favorable outcome.


Montgomery County Penalties for Intent to Sell Cannabis

Possessing marijuana with the intent to sell is punishable by anywhere from a minor misdemeanor to a first-degree felony under drug trafficking law. What you will be charged with depends largely on if you have any priors, the amount of marijuana found, and whether the alleged offense was committed in the vicinity of a juvenile or a school. It is important to note that the War on Drugs prompts many law enforcement personnel  to seek evidence for trafficking or intent to traffic when encountering a case of simple possession.

Minor Misdemeanor

  • 20 grams or less of marijuana, first offense – trafficking or intent to sell

Third-degree Misdemeanor

  • 20 grams or less of cannabis, subsequent offense – trafficking or intent to sell
  • 20 grams or less of marijuana – trafficking or intent to sell in vicinity of juvenile or school

Fifth-degree Felony

  • General weed trafficking or possession with intent to sell

Fourth-degree Felony

  • General trafficking or intent to sell near a juvenile or school
  • 200-1000 grams trafficking or pot possession with intent to sell
  • Possible mandatory prison term

Third-degree Felony

  • 200-1,000 grams of marijuana – trafficking or intent to sell in vicinity of juvenile or school
  • 1,000-5,000 grams – trafficking or intent to sell
  • 5,000-20,000 grams – trafficking or intent to sell, includes presumption of mandatory prison
  • Possible mandatory prison term

Second-degree Felony

  • 1,000-5,000 grams of marijuana – trafficking or intent to sell in vicinity of juvenile or school
  • 5,000-20,000 grams – trafficking or intent to sell in vicinity of juvenile or school
  • 20,000-40,000 grams – trafficking or intent to sell
  • 40,000 grams or more – trafficking or intent to sell
  • Mandatory prison terms

First-degree Felony

  • 20,000-40,000 grams – trafficking or intent to sell in vicinity of juvenile or school
  • 40,000 grams or more – trafficking or intent to sell in vicinity of juvenile or school
  • Mandatory maximum prison term

In addition to steep fines and mandatory prison terms, you may also have to deal with disqualification from government assistance and financial aid, harm to military status, denial of right to vote and hold public office, and possibly the seizure of assets. An experienced Dayton criminal defense lawyer will keep your case organized for you and construct a solid defense to attempt a more favorable outcome.


Common Dayton Defenses to Intent to Sell Marijuana

Every case is different, and there may be other defenses available to your case. However, the following defenses occur most frequently to cannabis possession with intent to sell in Ohio:

  • Lack of Intent
  • Fourth Amendment Violations – unreasonable search and seizure
  • Fifth Amendment Violations – Miranda rights
  • Entrapment
  • Law Enforcement Misconduct
  • Confidential Informant Misconduct

An experienced Montgomery County defense attorney will examine your case closely for the possibility of these or other defenses in order to possibly get your case reduced or dismissed. Every detail involving your case, and especially your arrest, is important – so contacting a lawyer before certain memory is lost may be critical to your situation.


Joslyn Law Firm | Montgomery County Weed Possession with Intent to Sell Lawyer

If you’ve been served with trumped-up trafficking charges in a simple possession case or were simply just caught in the wrong place at the wrong time, contact the experienced pot possession with intent to sell defense lawyers at Joslyn Law Firm. They will look over every detail of your case to make sure your rights were protected and to find cracks in the prosecution’s case against you. Our legal team serves individuals in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, Fairborn, and the surrounding areas. For your free case consultation concerning your intent to sell marijuana case, call (937) 356-3969 today.

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