Marijuana Cultivation

Columbus Defense Attorney For Marijuana Cultivation Charges

About Marijuana Cultivation

Marijuana cultivation is a billion dollar business that, under limited conditions, is legal in some states – but not in Ohio, and not under federal law. In Ohio, marijuana cultivation can be a serious crime. Although it is punishable only by a fine if the amount is grown is less than 100 grams, it carries a mandatory 10-year prison sentence if the amount of marijuana grown is more than 20 kilograms, and the cultivation occurs in the vicinity of a school or juvenile.

The provision of Ohio law that makes marijuana cultivation a crime is Ohio Revised Code § 2925.04, which provides in pertinent part: “no person shall knowingly cultivate marijuana….”

The Ohio Revised Code spells marijuana as “marihuana.” Marihuana is defined by § 3719.01 (O) as “all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin.” Excluded from the definition of Marijuana in Ohio, however, is “the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds” of the plant, or any other compound derived from mature stalks — except for resin taken from mature stalks, which does fall under the definition of marijuana under Ohio law.

Marijuana Cultivation Penalties

Our firm has represented persons accused of illegal growing operations of marijuana grow houses in both ate and Federal Courts. We know that, depending on the circumstances, the penalties can be severe.

In Ohio, cultivation of less than 100 grams of marijuana is a minor misdemeanor, punishable by a fine up to $150.00, plus court costs. No jail time can be imposed, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a 4th degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250.00 plus court costs.

Cultivation of 100 or more, but less than 200 grams of marijuana is a 4th degree misdemeanor punishable by up to 30 days in jail and a fine of up to $250.00 plus court costs, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a 3rd degree misdemeanor punishable by up to 60 days in jail, and a fine of up to $500.00 plus court costs.

Cultivation of 200 grams or more, but less than 1 kilogram of marijuana is a 5th degree felony, punishable by up to 12 months in prison and a fine not to exceed $2,500.00, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a 4th degree felony, punishable by up to 18 months in prison, and a fine not to exceed $5,000.00 plus court costs.

Cultivation of 1 kilogram or more, but less than 5 kilograms of marijuana is a 3rd degree felony, punishable by up to 36 months in prison and a fine not to exceed $10,000.00, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a 2nd degree felony, punishable by up to 8 years in prison, and a fine not to exceed $15,000.00 plus court costs.

Cultivation of 5 kilograms or more, but less than 20 kilograms of marijuana is a 3rd degree felony, punishable by up to 36 months in prison and a fine not to exceed $10,000.00, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a 2nd degree felony, punishable by up to 8 years in prison, and a fine not to exceed $15,000.00 plus court costs. In either instance, there is mandatory minimum prison sentence of 9 months in the case of a 3rd degree felony, and of 2 years in the case of a 2nd degree felony.

Cultivation of 20 kilograms or more of marijuana is a 2nd degree felony, punishable by a mandatory 8-year prison sentence and a fine of $15,000.00, unless the cultivation was done in the vicinity of a school or juvenile, in which case the offense is a 1st degree felony, punishable by a mandatory 10-year prison sentence, and a fine of $20,000.00 plus court costs.

If you are under investigation for, or accused of, marijuana cultivation in Columbus or central Ohio,  contact an experienced criminal defense attorney for immediate legal representation. Feel free to call our law firm at (614) 547-5757 today.