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.
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:
Manufacture of a Schedule I or II Drug:
Manufacture of a Schedule III, IV or V Drug:
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Possible Defenses |
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Related Offense |
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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.
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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