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Understanding Marijuana Possession and Intent to Sell in Ohio

In Ohio, facing charges for the possession of marijuana can quickly escalate if there are accompanying allegations of intent to distribute or sell. While basic possession might be a lesser offense, suggestions that the marijuana in one’s possession was meant for sale can elevate the situation to a trafficking or aggravated trafficking offense as per the Ohio Revised Code.

A prosecutor might not directly prove what an individual intended, but evidence like sizable sums of cash or drug paraphernalia (like scales or baggies) often informs such charges. In Ohio, being found with marijuana with the intent to distribute or sell is considered a felony, which could lead to mandatory prison sentences upon conviction.

If you’re facing accusations of possessing marijuana with plans to sell, particularly in Mahoning County, OH, it’s crucial to remain silent until you’ve spoken to a Youngstown criminal lawyer. The Youngstown Criminal Law Group is ready to step in and offer its expertise.

Sean Logue, a seasoned Youngstown OVI attorney based in Youngstown, provides robust representation to clients. You can reach out to us at (330) 992-3036 for a free and confidential case review to understand your legal avenues.

What Does Ohio Law Say About Marijuana Sale and Distribution?

Under Ohio Revised Code § 2925.03, it’s unlawful to:

  • Engage in the sale, or offer to sell, controlled substances or their analogs;
  • Prepare or plan for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or an analog, when there’s knowledge or sufficient reason to believe the substance is intended for sale or resale by the person in possession or someone else.

Specifically, for marijuana-related offenses, they’re categorized in the Ohio Revised Code § 2925.03(C)(3) based on the dynamics of the violation.

AmountOffense LevelGuidance
Less than 200 gramsTypically charged as a fifth-degree felony.  Ohio Revised Code Section 2929.13(B)
200 to 999 gramsInitially 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 gramsClassified 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 gramsClassified as a third-degree felonyAssumption of a prison sentence
20,000 to 39,999 gramsCharged as a second-degree felonyRequired 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 moreCharged as a second-degree felonyCompulsory maximum prison sentence

Marijuana Possession Charges and Consequences in Youngstown

Understanding the penalties for marijuana-related offenses is crucial if you’re facing charges in Youngstown. A skilled Youngstown Criminal Lawyer can guide you through the legal maze and help mitigate penalties. Below you’ll find a breakdown of the potential legal ramifications for the possession of marijuana with the intent to sell, based on the level of the offense:

  • Fifth-Degree Felony
  • Potential consequences: Up to 12 months incarceration; fines reaching $2,500.
  • Fourth-Degree Felony
  • Potential consequences: Up to 18 months incarceration; fines reaching $5,000.
  • Third-Degree Felony
  • Potential consequences: Up to 60 months incarceration; fines reaching $10,000.
  • Second-Degree Felony
  • Potential consequences: Up to eight years incarceration; fines reaching $15,000.

Additionally, individuals charged with the intent to distribute marijuana may face a driver’s license suspension for a period up to six months.

Essential Resources for Those Charged with Marijuana Sale Intent in Ohio

United States Department of Justice | Ohio Drug Threat Assessment

Previously, the National Drug Intelligence Center (NDIC), a part of the DOJ, provided valuable insights into drug threats in the U.S., including marijuana’s prevalence in Ohio as reported in 2001. Following its dissolution in June 2012, the NDIC’s functions were assumed by the Drug Enforcement Administration (DEA). Their reports highlighted the significant abuse of marijuana and its growing issue in Ohio, pointing out that much of the supply for Youngstown originated.

Marijuana Anonymous (MA) in Ohio

MA is a community where people who are dealing with marijuana addiction can find mutual support. They offer meetings throughout Ohio, accessible online or via phone, ensuring help is available for those seeking recovery. An online forum is also available for discussions pertaining to marijuana-related topics.

Youngstown Criminal Law Group | Defense for Marijuana Charges

Facing accusations of possessing marijuana for sale or distribution in Ohio? It’s critical to know your rights and seek professional legal advice. Youngstown Criminal Lawyer is committed to defending individuals across Mahoning County. Youngstown OVI attorney Sean Logue will strive to secure the best possible results for your case, aiming to minimize any penalties. Immediate assistance is available by contacting (330) 992-3036 or submitting an inquiry through their online contact. Take advantage of their offer for a free initial consultation to evaluate your situation thoroughly.

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