Criminal Defense For Cultivation & Manufacturing Charges
Drug crimes are serious charges in Ohio. Whether you’ve been charged with marijuana cultivation or drug manufacturing in Columbus, it’s important to get an experienced attorney on your side. Patituce & Associates, LLC has 70+ years of combined experience defending the rights of those charged with crimes such as drug cultivation and drug manufacturing in Columbus and beyond.
Is Cultivation Legal In Ohio?
Although many other states are relaxing their drug use and possession laws, the cultivation laws in Ohio continue to be strict. Not only can you not grow marijuana in your home, but those with medical marijuana cards may not grow their own–it must be purchased from a licensed facility.
The severity of charges you may inflict for marijuana cultivation in Ohio can vary greatly based on the amount grown and even the location. In fact, if the plant is grown in the vicinity of a school, the charge rises by one degree.
The penalties for growing marijuana in Ohio include:
Minor misdemeanor with $150 fine: growing less than 100 grams
Fourth-degree misdemeanor with up to 30 days in jail: growing more than 100 grams but less than 200 grams
Third-degree misdemeanor with up to 60 days in jail: growing more than 100 grams but less than 200 grams near a school
Fifth-degree felony with 6-12 months in prison: growing more than 200 grams but less than 1 kilogram
Fourth-degree felony with up to 18 months in prison: growing more than 200 grams but less than 1 kilogram near a school
Third-degree felony with 1-5 years in prison: growing more than 1 kilogram but less than 5 kilograms
Second-degree felony with 2-8 years in prison: growing more than 1 kilogram but less than 5 kilograms near a school
Mandatory sentence of 8 years: growing more than 20 kilograms
Mandatory sentence of 10 years: growing more than 20 kilograms near a school
Keep in mind that Ohio law states that minor misdemeanor charges–or even an arrest–won’t give you a criminal record. This is just one more reason why getting your charges lowered is ideal.
The only way to grow marijuana legally in Ohio is by obtaining a cultivating license. The Ohio Medical Marijuana Control Program explains that there are two levels that aspiring cultivators may be able to apply for: “Level I cultivators are permitted to operate an initial marijuana cultivation area up to 25,000 square feet. Level II cultivators are permitted to operate an initial marijuana cultivation area of 3,000 square feet.”
Is Drug Manufacturing Legal In Ohio?
The short answer: no. Similar to drug cultivation, Ohio’s drug manufacturing laws are very strict. According to Ohio Revised Code § 2925.04, effective October 2018, “if the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marijuana, and if the offense was committed in the vicinity of a juvenile or…a school, illegal manufacture of drugs is a felony of the first degree…”
If found guilty of methamphetamine manufacturing, you may be charged with a second-degree felony; if the act took place in the vicinity of a minor, a school, or on public property, the charge is upgraded to a first-degree felony. Both charges are accompanied by mandatory prison terms not less than three or five years, respectively.
Ohio Controlled Substance Schedules
In order to differentiate the penalties issued for the use, possession, cultivation, or manufacturing of varying drugs, the schedule system is used. The State of Ohio Board of Pharmacy manages the list of controlled substance schedules; they have the power to add and remove drugs as well as define the assignments and penalties associated with each.
The schedules observed in Ohio include:
Schedule I: High potential for abuse and no valid medical use.
Schedule II: High potential for abuse and some medical use.
Schedule III: Low to moderate potential for abuse and dependence.
Schedule IV: Low potential for abuse and dependence.
Schedule V: Lowest potential for abuse and dependence.
Faced With Drug Cultivation or Manufacturing Charges? Contact Us!
If you have been charged with or arrested for drug cultivation or drug manufacturing in Columbus, it’s time to call Patituce & Associates, LLC. We have taken more than 200 cases to trial, and we are proud to have a reputation for getting results. No matter the criminal case you’re facing, we are ready to stand by your side.
Contact our drug manufacturing defense attorneys today to learn more about how we can help you! Call now at(440) 471-7784.