When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Selling between 1,000 – 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony punishable by a fine no greater than $15,000 and a term of imprisonment no less than 5 years and no greater than 8 years.
The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $750.
Selling between 50 – 250 grams of solid hashish (10-50 grams of liquid hashish) is a felony, punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.
Mandatory Minimum Sentence
The sale of 200 grams – 1,000 grams is a fourth degree felony, punishable by up to 18 months imprisonment and/or a maximum fine of $2,500.
* A minor misdemeanor does not create a criminal record in Ohio.
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
The sale of 1,000 – 20,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and/or a maximum fine of $10,000.
Selling between 250- 1,000 grams of solid hashish (50 -200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.
If the search is conducted in violation of the Fourth Amendment’s requirement to obtain a valid warrant, your attorney can file a motion to suppress the evidence derived from the unlawful search and seizure. A successful motion can either reduce the charges to a lesser offense or lead to a dismissal of the charges against you.
Although the statute generally classifies the offense as a misdemeanor, it can carry fines and a presumption of prison time, depending on the degree of the offense, where it was committed and the amount of marijuana in question.
Less than 100 grams
Under Ohio Rev. Code § 2933.43, any contraband may be seized that bears a relationship to an underlying felony, such as the felonious possession, cultivation and/or manufacture of marijuana. The contraband can be a watercraft, motor vehicle, aircraft or personal property such as marijuana plants. If the property is registered or titled, notification must be given to the owner at the owner’s last known address within 3 days after the seizure. The notice can also be given verbally by any means, including telephone or by certified mail, return receipt requested.
Property Seizure As a Result of Marijuana Cultivation Charges
Under Ohio law, cultivation of marijuana can be either a misdemeanor or felony offense, but depends on the amount grown or cultivated. A conviction for this offense can result in severe and potentially life-altering consequences, which may include, but are not limited to the following:
200 grams – 1 kilogram
Law enforcement uses a variety of innovative tactics for monitoring marijuana grow house operations, including surveillance of hydroponic supply stores. Sometimes law enforcement may set up bogus online hydroponic stores to monitor who visits the site and show interest in the product. Police may also use thermal imaging devices to monitor the amount of heat generated within the structure or dwelling where marijuana cultivation takes place.
Marijuana Grow House Operations in Ohio
It is not uncommon for marijuana grow house operations to be found by accident. For example, the scent of marijuana in the air can alert police passing in a car or on a motorbike to the existence of a grow house in a certain area. An explosion caused by faulty electrical wiring also can bring a grow house operation to police attention. If a grow house is found by accident, law enforcement officials must secure a warrant to search the premises and seize the marijuana in question.
2 – 8 Years Judge must impose a prison term of 8 years