Ohio Marijuana Trafficking Laws

Can You Mail Weed Legally in Ohio?

No. Ohio state law prohibits the possession of marijuana, including edibles and THC products, regardless of the amount. This includes marijuana acquired through a licensed distributor in another state where the sale of recreational marijuana is legal. Possessing marijuana in Ohio is only legal for medical or medicinal purposes.

The Federal Controlled Substances Act lists marijuana as a Schedule 1 controlled substance. Since the United States Postal Service (USPS) is a federal agency bound by federal law, it does not process packages that contain marijuana. Private shippers are also bound by federal law and may report suspicious packages to law enforcement.

What Are the Penalties for Transporting Edibles Across State Lines in Ohio?

Edibles are foods and drinks, such as beverages, candy, baked goods, and lozenges, that contain marijuana in one or more forms. According to federal law, transporting edibles across state lines is a federal offense with varying penalties, including 5 years in federal prison and up to $1,000,000.00 in fines. Ohio residents should note that these penalties are more severe depending on several factors, including repeat offenses and the amount of weed involved. Also, crimes of trafficking that involve death or serious bodily injury attract stiffer penalties.

How to Get a Drug Trafficking Charge Dismissed in Ohio

There are several ways to get charges dismissed in Ohio, including the following:

• Marijuana trafficking is a specific offense requiring intent. This involves knowledge, purpose, and a deliberate act in furtherance of the crime’s commission. Proving a lack of intent can result in a dismissal of charges.
• Evidence of marijuana found on a person will not be considered acceptable by a court if it finds law enforcement conducted a search and seizure under unreasonable or illegal conditions.
• Courts may dismiss drug trafficking charges if the evidence tendered is insufficient. The prosecution must provide enough evidence to hold a charge against the accused.

Drug Trafficking Facts in Ohio

Drug trafficking in Ohio occurs when a person knowingly ships, transports, delivers, distributes, sells, or offers to sell a controlled substance. Based on factors such as the risk for abuse, the severity of abuse, addiction potential, and public health danger, Ohio classifies controlled substances into “Schedules” and considers some trafficking aggravated. According to law, trafficking involving a Schedule I or Schedule II drug, except marijuana, is considered aggravated.

In Ohio, drug trafficking may be a felony or misdemeanor depending on the following factors:

• The proximity of offense to a school or a child
• The quantity of the controlled substance
• Whether or not the offender has previous drug-related convictions

The State of Ohio Board of Pharmacy investigates and presents evidence of state or federal law violations for prosecution. It is also responsible for compiling the Controlled Substances Table to decide whether certain drugs are controlled substances and determine their respective Schedules.

Through its Bureau of Criminal Investigation, the Ohio Attorney General's Office works with local law enforcement agencies to combat illicit drug trafficking and possession. The Ohio High Intensity Drug Trafficking Area program also supports law enforcement with drug possession and trafficking.

At the federal level, the Drug Enforcement Administration (DEA) enforces laws and regulations on controlled substances and prosecutes any organizations or persons involved in the production, cultivation, or distribution. The Federal Bureau of Investigation (FBI) also supports the DEA and other agencies in enforcing drug laws.

How Many Grams of Weed Is Considered Trafficking in Ohio?

The Ohio Revised Code states that no one shall knowingly sell or offer to sell a controlled substance, regardless of the amount. While there are consequences for doing so, these penalties vary considerably. Where marijuana is less than 20 grams, a first offense is a minor misdemeanor, while a second offense, or trafficking in close proximity to a school, is a third-degree misdemeanor. Depending on quantity, trafficking more than 20 grams may range from a fifth-degree felony to a first-degree felony.

What Are the Weed Trafficking Consequences in Ohio?

In Ohio, a first offense involving marijuana less than 20 grams is a minor misdemeanor punishable by a $150.00 fine. A second offense is a third-degree misdemeanor. In addition, penalties may increase to a 60-day prison sentence, or $500.00 fine, or both, if the trafficking happened near a school.

The law states that trafficking between 20 grams and 200 grams of marijuana is a fifth-degree felony punishable by a fine of $2,500.00, or a prison sentence of up to 12 months, or both. If the quantity is more than 200 grams but less than 1,000 grams, the offense may be a fourth or third-degree felony punishable by a fine between $5,000.00 and $10,000.00, a prison sentence between 6 months to 5 years, or both. Any quantity above 20,000 grams is a first-degree felony punishable by a fine of $20,000.00, a prison sentence between 3 and 11 years, or both.

How to Transport Weed Legally in Ohio

Ohio citizens certified by the Medical Marijuana Control Program to use medicinal marijuana may travel with it within the state. To obtain this certification, patients with qualifying conditions may submit recommendations to the Ohio Medical Marijuana Patient Registry through their doctors. After submission, patients would receive approval by mail and must pay an annual fee of $50.00. Approved patients will also receive a Patient & Caregiver Registry card enabling them to purchase medical marijuana at any licensed dispensary.

Certified patients vacationing within the state may only carry the amount required for the duration of travel and must not drive under the influence. Patients must also keep the marijuana in its original container and out of the driver's grasp and line of sight. Also, all patients transporting medical marijuana must carry their registry cards at all times.