Ohio Drug Cultivation Laws

Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018

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The laws that regulate drugs change often, making it difficult to keep track of what's allowed. Although Ohio is one of the states that permits the medicinal use of marijuana under certain circumstances, it's illegal to grow your own. The law also forbids the manufacture of methamphetamines, heroin, cocaine, and other controlled substances.

If you violate Ohio's drug cultivating and manufacturing laws, you can be charged under Ohio law, federal law, or both. The penalties depend on the type of drug involved; the more dangerous the drug, the more severe the penalty. Ohio law designates the drugs into "schedules" with Schedule I containing the most dangerous drugs and Schedule V containing those that are the least dangerous. The sentence also depends on the amount of the drug. For instance, cultivation of marijuana is considered the same as possession in Ohio which would mean a misdemeanor with a small fine (only if possession is less than 100 grams) due to Ohio's moves to decriminalize marijuana. However, cultivating and manufacturing drugs can result in more severe penalties such as incarceration especially if the manufacturing occurs near juveniles.

Ohio Drug Cultivation and Manufacturing Laws at a Glance

The chart below provides a summary of laws related to Ohio's drug cultivation laws, including links to important code sections.

Statutes and Elements of the Crime

An individual cannot knowingly cultivate marijuana or knowingly manufacture or help manufacture a controlled substance. This doesn't apply to individuals like pharmacists, or nurses, or participants in certain drug research, so long as they follow the code of conduct.

Penalties and Sentencing

Cultivation of Marijuana:

  • Less than 100 grams: misdemeanor with fines up to $150 and court costs.
  • Less than 100 grams within vicinity of juveniles: misdemeanor in the fourth degree with up to 30 days in jail and fines up to $250 and court costs.
  • 100 grams or more, but less than 200 grams: fourth degree misdemeanor punishable by up to 30 days in jail and fines up to $250 plus court costs.
  • 100 grams or more, less than 200, but within vicinity of juveniles: 60 days jail time, fines up to $500 plus court costs.
  • 200 grams or more, less than 1 kilogram is a fifth degree felony, punishable by up to 1 year in prison and a fine not to exceed $2,500,00, unless the cultivation was done in the vicinity of juveniles, then it is fourth degree felony, punishable by up to 18 months in prison and a fine not to exceed $5,000, plus court costs.
  • 20 kilograms or more is a second degree felony (mandatory 8 year prison term, fines up to $15,000), unless the cultivation was done near juveniles, making it a first degree felony, punishable by a mandatory 10 year prison term and fines up to $20,000, plus court costs.

Manufacture of a Schedule I or II Drug:

  • Second degree felony, which carries a prison sentence of 6-18 months and a fine up to $15,000
  • First degree felony occurs if manufacturing occurred near juveniles (for example, near a school), which carries a prison term of 3-10 years and fines up to $20,000.

Manufacture of a Schedule III, IV or V Drug:

  • You have committed a felony in the third degree which carries a prison sentence of 1-5 years and fines up to $10,000. If the drug was manufactured near juveniles (for example, near a school), then it is upgrades to a second degree felony which means a prison sentence of 2-8 years and fines up to $15,000.

Possible Defenses
  • Mistake of fact
  • Fourth Amendment violations

Related Offense

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Ohio Drug Cultivation and Manufacturing Laws: Related Resources

Find an Ohio Criminal Defense Attorney

If you've been charged with violating Ohio's drug cultivation or manufacturing laws, then you might be facing incarceration, fines, and damage to your record and reputation. With so much at stake, consider taking your case to a criminal defense attorney who knows how to mount a solid defense. Use FindLaw's lawyer directory to find an Ohio attorney near you.

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