Columbus Marijuana Defense Attorney

In recent years, many states have legalized the possession and cultivation of marijuana within their borders. Unfortunately, Ohio is not one of them. So, if you are found to be carrying or growing this widely-used drug in Franklin County, you could end up facing a hefty fine or a lengthy prison sentence.

Of course, before the state of Ohio can levy one of these penalties on you, it must first convict you of a drug crime. As such, it is in your best interest to make the prosecution’s job as difficult as possible. An experienced Columbus marijuana defense attorney, like those here at James D. Owen, LLC, can help you do just that.

How the James D. Owen, LLC, Legal Team Can Help You Fight Back Against Your Marijuana Charge

The lawyers here at James D. Owen, LLC, believe that all Ohioans deserve to be vigorously defended when they are accused of a crime. So, when you ask us for assistance with a marijuana charge, we will:

Protect Your Constitutional Rights

When arresting and prosecuting you on marijuana charges, the state of Ohio and its representatives must respect your constitutional rights. Unfortunately, when trying to boost their chances of landing a conviction, overzealous prosecutors and police officers sometimes step over the line.

Having worked in the legal industry for many years, our lawyers are experts at spotting constitutional rights violations as they occur. When you hire us to help you with your case, we will watch over every interaction you have with officers and prosecutors to ensure that nothing untoward happens.

Search for Evidence to Help Your Case

From the moment you are taken into custody, the prosecution will begin gathering evidence that they believe they can use to convict you. Quite often, the best way to fight back against their efforts is to begin collecting proof that shows that you could not have committed the crime.

When you work with a James D. Owen, LLC criminal defense attorney, we will search for the evidence you need on your behalf. We will interview witnesses, review surveillance footage, and do whatever else it takes to try to prove your innocence.

Negotiate with the Prosecution on Your Behalf

Depending on the circumstances surrounding your marijuana case, the prosecutor may not want to take it to trial. Instead, they may prefer to offer you a plea bargain deal. Of course, before you even consider accepting such an agreement, you would be wise to spend at least a little time negotiating its terms.

Our attorneys have been negotiating with prosecuting attorneys in the state of Ohio for many years. We understand what they need to see and hear before they will offer more generous terms. When you work with us, we will use all of our knowledge and guile to try to land you a favorable deal.

Do you need a criminal defense lawyer in Columbus to help you fight back against a marijuana charge? If so, please do not hesitate to reach out to the team here at James D. Owen, LLC. We would love to set up a free consultation to discuss your criminal case in greater detail.

Commonly Charged Marijuana Offenses in Ohio

Law enforcement officers in Fairfield County, Madison County, and the greater Columbus area, arrest countless Ohioans for marijuana-related offenses every year. The vast majority of these arrestees are charged with one or more of the following offenses:

Possession of Marijuana

Section 2925.11 of the Ohio Revised Code states that an individual may be arrested on a possession charge if they knowingly obtain, carry, or use marijuana. The seriousness of this offense depends almost entirely on the amount of marijuana the suspect was carrying at the time of their arrest:

• Less Than 100g: Minor misdemeanor
• Between 100g and 200g: Misdemeanor of the fourth degree
• Between 201g and 999g: Felony of the fifth degree
• Between 1,000g and 4,999g: Felony of the fourth degree
• Between 5,000g and 19,999g: Felony of the third degree
• More Than 20,000g: Felony of the second degree

To be charged with this offense, an individual does not need to be in direct possession of the marijuana by having it on their person. They may be arrested on a possession charge for merely having access to the drugs – otherwise known as constructive possession.

Trafficking of Marijuana

Section 2925.03 of the Ohio Revised Code explains that an individual may be charged with marijuana trafficking if they:

• Sell or offer to sell marijuana
• Ship, transport, deliver, or distribute marijuana when they have reasonable cause to believe that it will be resold

As with possession, the seriousness of a trafficking charge is heavily dependent on the amount of marijuana being sold or shipped:

• Less Than 20g: Minor misdemeanor
• Between 20g and 200g: Felony of the fifth degree
• Between 201g and 999g: Felony of the fourth degree
• Between 1,000g and 19,999g: Felony of the third degree
• More Than 20,000g: Felony of the second degree

The state of Ohio may increase the felony level of this crime if the offender has a prior criminal record or the offense is committed in the vicinity of a minor.

Illegal Cultivation of Marijuana

Section 2925.04 of the Ohio Revised Code states that it is unlawful to knowingly cultivate marijuana. This law applies whether the suspect was growing the drugs for personal use or to sell to another individual.

Again, the seriousness of this offense is tied to the amount of marijuana being grown or cultivated:

• Less Than 100g: Minor misdemeanor
• Between 100g and 200g: Misdemeanor of the fourth degree
• Between 201g and 999g: Felony of the fifth degree
• Between 1,000g and 19,9999g: Felony of the third degree
• More Than 20,000g: Felony of the second degree

The felony or misdemeanor level of this offense may be increased if the marijuana was being grown in the presence of a minor.

Possession of Marijuana Paraphernalia

Section 2925.141 of the Ohio Revised Code explains that it is illegal for an individual to knowingly use or possess with the intent to use any marijuana paraphernalia. This statute defines marijuana paraphernalia as any item that can be used to store, contain, ingest, inhale, or inject marijuana.

In almost all cases, the possession of marijuana paraphernalia is classified as a minor misdemeanor by the state of Ohio.

The attorneys here at James D. Owen, LLC, are experts in all areas of Ohio criminal law. If you would like to have us defend you against your marijuana charge, just give us a call and set up a free consultation at our Columbus law offices.

Consequences of an Ohio Marijuana Conviction

Individuals who are found guilty of a marijuana offense in Delaware County or elsewhere in Ohio typically face the following criminal penalties:

• Minor Misdemeanors: A fine of up to $150.
• Fourth-Degree Misdemeanors: A fine of up to $250 and as much as 30 days in jail.
• Third-Degree Misdemeanors: A fine of up to $500 and as much as 60 days in jail.
• Second-Degree Misdemeanors: A fine of up to $750 and as much as 90 days in jail.
• First-Degree Misdemeanors: A fine of up to $1,000 and as much as 180 days in jail.
• Fifth-Degree Felonies: A fine of up to $2,500 and as much as 12 months in prison.
• Fourth-Degree Felonies: A fine of up to $5,000 and as much as 18 months in prison.
• Third-Degree Felonies: A fine of up to $10,000 and as much as 5 years in prison.
• Second-Degree Felonies: A fine of up to $15,000 and at least 8 years in prison.
• First-Degree Felonies: A fine of up to $20,000 and at least 10 years in prison.

Those who are convicted of drug offenses are also given permanent criminal records. Their record can cause them to experience a host of collateral consequences, such as:

• Difficulty Landing a Job: Many companies refuse to hire convicted criminals.
• Difficulty Renting an Apartment: Some property management companies will not rent to felons.
• Loss of Gun Ownership Rights: Ohio does not allow convicted felons to buy, possess, or use firearms.
• Immigration Issues: The federal government frequently deports convicted felons once they are released from prison.

Some marijuana offenders may be able to reduce the number of collateral consequences they face by having their criminal record sealed. However, this option is only available to individuals that have not been charged or convicted or an underlying felony of aggression, such as domestic violence or assault.

Have you been charged with a marijuana offense in Licking County or Pickaway County? Then please do not hesitate to contact the team here at James D. Owen, LLC, in Columbus, Ohio. We may be able to help you clear your name and avoid the consequences outlined above.

A Columbus Marijuana Defense Attorney You Can Count On

The lawyers here at James D. Owen, LLC, have been helping the people of Columbus with their legal issues for many years. During that time, we have achieved countless favorable results for our clients. If you would like to have us assist you with your fight to clear your name, just pick up the phone and give us a call. A Columbus marijuana defense attorney will be happy to discuss your case with you.