November 6, 2021 | Ohio Law
Wondering if mail order weed is legal in Ohio? Suhre & Associates criminal defense lawyers explain what you should know about mail order marijuana in the state.
Recreational marijuana is illegal in Ohio. To possess weed in Ohio, you need a medical marijuana prescription from a doctor. Specifically, mail order weed is illegal and strictly prohibited for everyone — even if you have a medical marijuana prescription. Medical marijuana dispensaries are not allowed to deliver or ship weed through the mail.
Ordering weed in the mail from another state is also against Federal Law and can lead to serious criminal penalties. If you are accused of illegally ordering marijuana in the mail, invoke your right to remain silent and call an attorney right away.
What State Laws Prohibit Dispensaries from Mailing or Delivering Weed in Ohio?
Marijuana can only be sold in the state of Ohio by fully licensed and registered medical dispensaries. These dispensaries can only sell weed to individuals with a valid medical marijuana card.
Ohio Regulations provide the rules within which a dispensary must operate in order to follow the law.
Ohio Administrative Rule 3796:6-3-01 states that a licensed dispensary may only sell and dispense marijuana “in a dispensary department.” “Dispensary department” is defined as “a building, room or another area under the control of a dispensary and upon the licensed premises with access limited to patients.”
Another Administrative Rule that prevents mail order weed is Rule 3796:6-3-08. This regulation states that medical marijuana may only be sold only “in a direct, face-to-face exchange without the assistance of any electronic device.”
This means that a medical marijuana dispensary is breaking the law if it sells or provides weed outside of the walls of the licensed premises.
Thes laws clearly prohibit mail order weed in Ohio. Additionally, Federal Law prohibits mailing weed interstate. Therefore, there is no way to legally send or receive pot in the mail in Ohio.
What are the Penalties for Illegally Ordering Weed in the Mail?
There are numerous serious criminal penalties for illegally obtaining weed through the mail in Ohio. The penalties can be imposed by the state or federal government. Here we cover just a few of the possible penalties that could be on the table.
Generally speaking, the penalties for a federal crime are more serious than a marijuana offense at the state level. However, penalties can vary greatly depending on the unique charges.
At the state level, obtaining a small amount of weed through the mail for personal use is likely to result in a charge for simple possession — a minor misdemeanor — which can lead to a $150 fine. If the amount of marijuana surpasses 100 grams, the possession charge can lead to jail time. As the amount goes up, so does jail exposure.
Some penalties include:
- Possession of more than 100 grams: Fourth Degree Misdemeanor, up to 30 days jail
- Possession of more than 200 grams: Fifth Degree Felony, 6-12 months jail
- Possession of more than 1000 grams: Third Degree Felony, 9-36 months prison
- Possession of more than 20,000 grams: Second Degree Felony, 5-8 years prison
Additionally, you are very likely to be charged with trafficking drugs as the amount increases, a very serious charge. If authorities catch you with weed in the mail, the Feds might get wind of it.
The Federal government could charge you with multiple different felonies for sending or receiving weed in the mail, including illegal distribution of a controlled substance (drug trafficking), possession of a controlled substance, and criminal conspiracy.
You could be in serious trouble if you have sent or received marijuana in the mail and got caught. You need experienced and aggressive legal representation to help you from day one. Contact Suhre & Associates Ohio criminal defense team for help.
To learn more, call our Dayton criminal defense law firm at (937) 531-0435 or visit our contact page to send us an email.