Per Section 2925.03 of the Ohio Revised Code, marijuana possession with intent to distribute involves the intent to sell or offer marijuana to someone or the preparing of marijuana for distribution. When an individual is charged with having the intent to distribute marijuana, that person faces a felony charge which carries steep penalties. Marijuana possession will be charged as simple possession and not possession with intent to distribute as long as there is evidence establishing an intent on the offender's part to sell, transfer, barter, or distribute the substance.
Recreational weed is not legal in Ohio; hence, residents cannot purchase adult-use marijuana in the state. However, with medical marijuana legalized, patients aged 18 or older may enter dispensaries to purchase medical cannabis. Minors may have their designated caregivers enter dispensaries to purchase medical cannabis on their behalf.
Adult-use marijuana is not legally sold in Ohio. Therefore, there is no legal framework for retail sales of recreational weed in the state. However, if you intend to purchase medical cannabis, you must show an Ohio medical marijuana card upon entering a medical cannabis dispensary to purchase medical cannabis.
If you are convicted of marijuana possession with intent to distribute, the penalties will be determined by the amount of marijuana you had at the time of your arrest. Ohio varies the punishment based on multiples of a standard amount of marijuana called “bulk amount”. According to Section 2925.01 (D)(a) of the Ohio Revised Code, 25 unit doses or 10 grams of marijuana qualifies as the bulk amount.
If the state finds you guilty of possessing marijuana with intent to distribute, and the amount possessed is equal to or higher than the bulk amount but less than 5 times the bulk amount, the charge will be increased to aggravated drug trafficking. This is a third-degree felony punishable by up to five years imprisonment and a $10,000 fine.
If the state finds you guilty of possessing marijuana with intent to distribute, and the amount possessed is equal to or higher than the bulk amount but less than 50 times the bulk amount, the charge becomes a second-degree felony. This carries a maximum sentence of eight years imprisonment and a fine of up to $15,000.
If the state finds you guilty of possessing marijuana with intent to distribute, and the amount possessed is equal to or higher than 100 times the bulk amount, you will be charged with a first-degree felony. This could result in up to ten years imprisonment and a $20,000 fine.
A conviction for marijuana possession with the intent to distribute will have a negative impact on other areas of your life. You may have difficulty maintaining or finding work, furthering your education, managing your finances, maintaining professional licenses, and maintaining custody of your children.
Possession with intent to distribute up to 50kg of marijuana is punishable by up to 5 years imprisonment and $250,000 in fines under federal law. Marijuana possession with intent to distribute weighing 50 to 99 kg is punishable by up to 20 years imprisonment and a fine of $1,000,000 under Section 841 of the United States Constitution. The penalty for marijuana amounts between 100 and 999 kg is a maximum 40-year prison sentence and a $5,000,000 fine. You could face life in prison and a $10,000 fine if you are caught with more than 1,000 kg of marijuana with the intent to distribute it.
No. It is illegal to sell weed in Ohio. Under Ohio laws, anyone caught selling weed in the state will face prosecution. Note that the state may construe any intent to exchange marijuana for services or any item of value as selling.
You cannot sell adult-use marijuana to dispensaries in Ohio as the recreational cannabis market has yet to be set up. However, you may sell medical cannabis to retail dispensaries if you have obtained a medical marijuana processor license from the ODC (Ohio Department of Commerce). In order to obtain the license, you must register your business in the state, obtain local zoning and business approvals from your city or municipality, obtain clearance from the Ohio Department of Taxation, develop business and operation plans, complete a cannabis license application, and pay the license fee.
The State of Ohio does not issue a distribution license. However, if you are interested in transporting medical marijuana to medical marijuana dispensaries in the state, you may obtain the medical marijuana processor license issued by the Ohio Department of Commerce (ODC). The ODC issues three types of medical marijuana processor licenses: standalone, vertically integrated processing facility: and plant-only processor. For more information on obtaining the medical marijuana processor license, sign up for the Ohio Medical Marijuana Control Program (OMMCP) website updates.