Trafficking in Marijuana
A person commits the crime of trafficking in marijuana (referred to in the Ohio Revised Code as “marihuana”) if he or she sells, offers to sell, prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes marijuana. Cannabis trafficking is a felony offense that carries steep consequences for alleged offenders.
The grade of felony that a person is charged with depends on the amount of marijuana that was involved. Offenses allegedly committed in the vicinity of a school or in the vicinity of a juvenile can result in enhanced criminal charges.
Lawyer for Marijuana Trafficking Arrests in Dayton, OH
If you were arrested or believe that you might be under investigation in Montgomery County for allegedly trafficking in marijuana, it is in your best interest to exercise your right to remain silent until you have legal representation. Joslyn Law Firm aggressively defends clients accused of marijuana offenses all over the Miami Valley area, including communities in Miami County, Montgomery County, Greene County, and Clark County.
Brian Joslyn is an experienced criminal defense attorney in Dayton who will fight to possibly get your criminal charges reduced or dismissed. He can review your case and answer all of your legal questions when you call (937) 356-3969 to schedule a free initial consultation.
Ohio Trafficking in Marijuana Information Center
- Which kinds of marijuana trafficking offenses result in mandatory prison sentences?
- How much marijuana is considered trafficking?
- How long can a person be sentenced to prison if convicted?
- Marijuana statiscs in the U.S.
- Where can I learn more about trafficking in marijuana in Dayton?
Marijuana Trafficking Charges in Montgomery County
Ohio Revised Code § 2925.03(A) makes it illegal for a person to sell or offer to sell a controlled substance or a controlled substance analog, or prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the alleged offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the alleged offender or another person. Under Ohio Revised Code § 2925.03(C)(3), an alleged offender commits trafficking marijuana when the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish.
Trafficking in marijuana offenses are classified as follows, depending on the amount of cannabis involved:
|
Amount |
Offense Level |
Guidance |
|
Less than 200 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) |
|
200 grams or more but less than 1,000 grams |
Fourth-degree felony, but third-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), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile |
|
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), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile |
|
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 of five, six, seven, or eight years, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile |
How Much Marijuana is Considered Trafficking in Ohio?
Anyone who sells or prepares any amount marijuana for shipment, transport, or distribution is guilty of drug trafficking. However, the penalties will depend on how much marijuana was trafficked by the offender. Small amounts of cannabis under 20 grams aren’t often charged as marijuana trafficking because it’s such a meager quantity. It would be difficult for a prosecutor to convict someone of trafficking if they have never had a substantial amount of cannabis.
Having between 20 grams and 200 grams of marijuana though is enough for law enforcement to suspect possible trafficking. If it’s hashish, then the amount that would be considered trafficking is up to 10 grams of solid hashish or two grams of THC concentrates. The more cannabis you have in your possession, the harsher the penalties upon conviction will be.
Dayton Trafficking in Marijuana Penalties
As the guidance column above indicates, certain marijuana trafficking convictions can result in mandatory prison sentences. The maximum sentences alleged offenders can receive are as follows:
- 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.
People convicted of trafficking in marijuana can also have their driver’s licenses suspended for up to six months.
Marijuana Trafficking Statistics
These statistics were collected by the United States Sentencing Commission in an effort to track the historical trends of marijuana crimes over time. The following is data from their 2019 report, which can be found below:
- In 2019, there were 19,765 drug trafficking cases
- Out of all those cases 8.5 % of them included marijuana
- The average sentence for marijuana traffickers is 31 months
- Nearly 89.9% of marijuana traffickers were sent to prison
- Out of that percentage, 36.8 % of men had to face a mandatory minimum penalty
- 2 % of these offenders had little to no prior criminal history
Ohio Trafficking in Marijuana Resources
COVID-19 & Drug Trafficking | The Columbus Dispatch – Visit the official website for the newspaper the Columbus Dispatch to read a story by Marc Kovac on how COVID-19 has affected drug trafficking in Ohio. Access the article to learn how overdose deaths are still increasing in the Columbus area despite the pandemic, the city’s efforts to avoid any further deaths, and which drugs are the main contenders for trafficking even during the COVID-19 health crisis.
Ohio Cannabis Association — The Ohio Cannabis Association identifies itself as “Ohio’s top advocate for the State’s new cannabis industry,” providing “a central voice that brings business, patients, advocates, leaders and consumers together to promote a safe cannabis marketplace, while improving the economy and the quality of life for all of Ohio’s residents.” Visit this website to learn more about the organization and Ohio’s medical marijuana bill. You can also read recent marijuana news.
Ohio | Marijuana Anonymous (MA) — MA is an organization that uses the basic 12 steps of recovery founded by Alcoholics Anonymous (AA). On the Ohio section of this website, you can find the times and locations of meetings in the Buckeye State as well as phone meetings and online meetings. You can also find answers to frequently asked questions and an online forum that allows users to seek help or discuss other marijuana issues.
Joslyn Law Firm | Dayton Marijuana Trafficking Defense Attorney
Do you think that you could be under investigation or were you arrested for allegedly trafficking in marijuana anywhere in the Miami Valley area? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm today.
Dayton criminal defense lawyer Brian Joslyn represents individuals in communities throughout Montgomery County, including Springfield, Troy, Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, Piqua, and many others. Call (937) 356-3969 or fill out an online contact form to have our attorney provide a complete evaluation of your case during a free, confidential consultation.
