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Navigating Marijuana Possession with Intent to Sell in Ohio
Understanding the Legal Complexities of Marijuana Charges
In Ohio, a charge for marijuana possession can become much more serious if it includes allegations of intent to distribute or sell. While simple possession might be a lesser offense, evidence suggesting the marijuana was intended for sale can elevate the charge to trafficking or aggravated trafficking under the Ohio Code.
Prosecutors might not have direct proof of an individual’s intentions, but circumstantial evidence often plays a key role. This can include having large amounts of cash, or drug paraphernalia like scales and small plastic bags. In Ohio, being convicted of possessing marijuana with the intent to sell is a felony, which can result in mandatory prison time. If you find yourself in this situation, consulting with a New Castle criminal lawyer is a critical next step.
Legal Support for Marijuana Possession with Intent to Sell Allegations
If you are facing accusations of possessing marijuana with the intent to sell, especially in Coshocton County, OH, it is essential to exercise your right to remain silent until you have consulted with an attorney. The team at Youngstown Criminal Law Group is prepared to provide expert legal counsel.
Sean Logue, an experienced New Castle DUI lawyer based in New Castle, offers strong and dedicated representation to his clients. You can contact us at (330) 992-3036 for a free, confidential case review to better understand your legal options and plan your defense.
What Does Ohio Law State About Marijuana Sale and Distribution?
According to the Ohio Code, it is illegal to:
- Sell, or make an offer to sell, controlled substances or their analogs.
- Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or its analog, with the knowledge or reasonable belief that the substance is meant for sale or resale by the person possessing it or someone else.
Specifically, marijuana-related offenses are categorized in the Ohio Code based on the specifics of the violation. A knowledgeable New Castle criminal lawyer can help you interpret how these laws apply to your case.
Table of Offenses and Penalties
| Amount | Offense Level | Guidance |
| Less than 200 grams | Typically charged as a fifth-degree felony. | Ohio Revised Code Section 2929.13(B) |
| 200 to 999 grams | Initially a fourth-degree felony. | In the Ohio Revised Code, Section 2929.13(B) applies generally, with Section 2929.13(C) being relevant if the offense is purportedly committed near a school or in proximity to a juvenile. |
| 1,000 to 4,999 grams | Classified as a third-degree felony. | In accordance with Ohio Revised Code Section 2929.13(C), there is a presumption favoring a prison term if the offense is purportedly committed near a school or in proximity to a juvenile. |
| 5,000 to 19,999 grams | Classified as a third-degree felony | Assumption of a prison sentence |
| 20,000 to 39,999 grams | Charged as a second-degree felony | Required prison sentence ranging from five to eight years, with the maximum term mandated if the offense is purportedly committed near a school or in proximity to a juvenile. |
| 40,000 grams or more | Charged as a second-degree felony | Compulsory maximum prison sentence |
Marijuana Possession Charges and Penalties in New Castle
It is vital to understand the penalties for marijuana offenses if you are charged in New Castle. A skilled legal professional can walk you through the complexities of the legal system and work to minimize potential penalties. Below is an outline of the possible legal consequences for possessing marijuana with intent to sell, categorized by the severity of the offense. Engaging a New Castle DUI lawyer early can significantly impact the outcome.
Fifth-Degree Felony
Potential penalties: Imprisonment for up to 12 months and fines up to $2,500.
Fourth-Degree Felony
Potential penalties: Imprisonment for up to 18 months and fines up to $5,000.
Third-Degree Felony
Potential penalties: Imprisonment for up to 60 months and fines up to $10,000.
Second-Degree Felony
Potential penalties: Imprisonment for up to eight years and fines up to $15,000.
Furthermore, individuals convicted of intending to distribute marijuana may also face a suspension of their driver’s license for up to six months. An experienced New Castle criminal lawyer can help fight these additional consequences.
Important Resources for Marijuana Sale Intent Charges in Ohio
United States Department of Justice | Ohio Drug Threat Assessment
Previously, the National Drug Intelligence Center (NDIC), a branch of the DOJ, offered key analyses of drug threats in the U.S. A 2001 report highlighted marijuana’s prevalence in Ohio. After the NDIC was dissolved in June 2012, its responsibilities were transferred to the Drug Enforcement Administration (DEA). These reports noted the significant abuse of marijuana and its growing presence in Ohio, indicating that a large portion of the supply for the New Castle area originated from various sources. Consulting a New Castle DUI lawyer provides localized expertise that complements this broader data.
Marijuana Anonymous (MA) in Ohio
Marijuana Anonymous (MA) provides a supportive community for individuals struggling with marijuana addiction. The organization holds meetings across Ohio, which are available online or by phone, ensuring that anyone seeking recovery can access help. An online forum is also provided for discussions related to marijuana use and recovery topics.
Legal Help for Marijuana Possession with Intent to Sell in New Castle
Youngstown Criminal Law Group | Defense for Marijuana Charges
Are you facing accusations of possessing marijuana for sale or distribution in Ohio? It is imperative to understand your rights and get professional legal guidance. Youngstown Criminal Law Group is dedicated to defending individuals throughout Coshocton County. A New Castle criminal lawyer like Sean Logue will work tirelessly to achieve the best possible outcome for your case, aiming to reduce or eliminate penalties. For immediate help, call (330) 992-3036 or send an inquiry through their online contact form. Take the first step by scheduling a free initial consultation to have your situation thoroughly evaluated.