Understanding Drug Possession Laws in Columbus and How to Find the Best Lawyers Near You

Marijuana is the most commonly used illicit drug in the world. Globally, about 30% of all adults have tried marijuana. But due to its illegal status in most countries, trying marijuana can result in a variety of consequences ranging from jail time to having your driver’s license suspended. In fact, marijuana is one of the most commonly arrested drugs in the U.S. 

And while possessing small amounts of marijuana isn’t often a felony offense, it can still result in heavy fines, lengthy periods of incarceration and other penalties if you’re caught with more than enough marijuana to get you high for longer than you intended. 

If you live in Ohio or are simply interested in learning more about your local laws on this matter, read on to learn more about how possession laws work here in Central Ohio. However, if you are looking for drug possession lawyers near me columbus then you can reach out to us for the better legal help.

What is the Difference Between a Felony and a Misdemeanor Possession Charge?

In many parts of the country, including in Ohio, it’s legal to possess marijuana for personal use. But in most states, it’s a felony to sell, distribute or use the drug. So, what’s the difference between a felony and a misdemeanor charge for marijuana possession? Most importantly, in Ohio it’s the amount you’re alleged to have had that determines if a crime has been committed.

In a felony case, the prosecutors will often list the amount of marijuana you’re alleged to have had. In a misdemeanor case, they may choose to mention the “quantity” of marijuana. However, in both cases, the bottom line is you’re either guilty of a felony or a misdemeanor. But in a felony case, the amount of marijuana possession charges listed by prosecutors can be quite substantial.

How Long Does It Take to Clear a Record of Possession of Marijuana

In most cases, it takes at least six months from the time you’re first arrested until you’re able to petition the court to have your record cleared. During that window of time, you can ask the prosecutor to lower or close your case. If the prosecutor doesn’t lower or close the case, it takes an average of six months for the courts to complete the process and clear your record.

At the end of the six-month window, your record will be “cleared.” But that doesn’t mean the case will automatically be dismissed or sent to a final court hearing. It just means the charges will be closed.

If you’re later arrested for violating the law related to the same thing and charged with a different crime, your former attorney will likely continue to represent you both in court and in jail. So, it may take a few months for your former attorney to “clear your record” when you get your new attorney.

What Can You Do With Your Free Time After You’re Released From Jail

After you’re released from jail and released from the court, you’ll likely have a lot of free time on your hands. Some of this will be spent figuring out your next move. But you may also want to explore your options for dealing with your marijuana charge.

Generally, you have the option of| To plead “not guilty” and face trial.

  • To accept a “not guilty” plea and avoid a trial.
  • To take a “not guilty” plea, but agree to a trial.
  • To accept a “not guilty” plea, but request a “not guilty by reason of medical condition.”

Different Types of Marijuana Charges in Ohio

In Ohio, Marijuana is categorized as a Schedule 1 drug along with heroin and LSD. This means that any amount of marijuana has very serious consequences. But there are also several other types of marijuana charges that can be filed against you in Ohio. Sale to Minors: This is the most common form of marijuana sales in the state. It occurs when you sell to a minor.

The law says you can’t purchase the drug for someone under the age of 19. So, if you’re over that age, you can still buy it for people under that age. Manufacture of Marijuana: This is a less serious offense. It’s charged when you grow and cultivate your own marijuana. But it doesn’t mean you “smoked out a batch” and were observed doing it. It means you were observed growing and cultivating the plants.

The Punishment for a First Offense in Ohio

In Ohio, the punishment for a first offense in marijuana possession is usually a fine of not more than $750, or 90 days in jail, or both. But the law also allows prosecutors to seek a much harsher punishment if they want to.

They can request that you be sentenced to a jail term of at least one year, or be ordered to perform 100 hours of community service and/or be placed on special parole for two years. That’s a pretty serious punishment, and it’s something you’ll want to discuss with a criminal defense attorney if you’re facing this charge.

The Sentence for a Second Offense in Ohio

If you’re convicted of a second offense in Ohio for marijuana, you’ll face a much stricter sentence than the one you received for your first offense. In fact, in some cases, you could face a life sentence without the possibility of parole if you get bogged down in this process a second time.

But the sentence you face will depend on a variety of things, including the circumstances of your case and whether you’re a first or second offense. But usually, you’ll face a minimum jail sentence of at least six months, and in some cases you’ll be required to serve a full year in jail before you can even consider an appeal.

Are There Any Exceptions to the Rules above?

Yes. There are certainly situations where simply possessing the drug would constitute a violation of the law. These include people under the age of 18, people who are in jail or on parole, and people who are attempting to traffick drugs. But most people who are charged with a marijuana possession offense are not in this group. If you are, it’s best to call an attorney before taking any steps.

Should You Defend Yourself Against a Possession Charge?

If you’re facing a marijuana possession charge, you may be wondering whether it’s worth your while to hire a lawyer to fight the case on your behalf. The short answer is yes. It’s definitely worth your while to hire a good attorney, but it’s also worth your while to fight a guilty charge on your feet. There are a number of reasons you should hire an attorney to represent you in a marijuana possession case.

First, it’s critical that you understand your legal rights and the process involved in fighting a marijuana possession charge in Ohio. Second, an attorney can provide you with valuable information and advice regarding your rights and the possibility of a court appeal. And last but not least, an attorney can often negotiate reduced or eliminates jail time on the condition that you follow their advice. Learn more>>>

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