Were you recently arrested or charged with possession or sale of marijuana in Dayton, OH? Contact Suhre & Associates, LLC for immediate assistance.
Our experienced Dayton marijuana crimes lawyers can help you devise and assert a strong defense, and work to protect your future.
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Why You Should Call Suhre & Associates, LLC If You’re Facing Marijuana Charges in Dayton
When facing criminal marijuana charges, the sooner you contact an experienced Dayton criminal defense attorney, the sooner we can begin working to build the best possible defense for you.
At Suhre & Associates, we approach each case with vigor and dedication.
While each case is different, there is one thing that remains constant and that is the need for an experienced defense attorney on your side who understands what Ohio’s marijuana crimes laws require. Being arrested for marijuana crimes in Dayton, Ohio is only the start of a lengthy and complex criminal process. Let the Dayton drug crimes lawyer at Suhre & Associates simplify the process for you.
When you hire Suhre & Associates, here’s what you’ll get:
- A team of lawyers whose practices are dedicated exclusively to criminal defense;
- Years of experience defending marijuana crimes and other crimes in Dayton;
- Former law enforcement on your team, who understand the complexities of marijuana charges;
- Hundreds of jury trials successfully completed; and
- A “10 out of 10” rating on Avvo (attorney Joe Suhre).
If you are ready to learn more about how we can help defend you against an accusation of marijuana crimes, call us now or connect with us online. We welcome the opportunity to assist you during this challenging time.
Overview of Marijuana Crimes in Dayton, Ohio
Montgomery County is among several Ohio counties to decriminalize the personal use of marijuana. However, officers may still charge for marijuana use under state code if they have reason to believe the suspects are guilty of more serious offenses. Citations filed under state code still carry fines and court costs. On average, more than 20,000 Ohioans a year are arrested for possession of marijuana, according to the Drug Policy Alliance, a non-profit organization of drug policy experts.
Additionally, marijuana is still an illegal controlled substance at the federal level. So, you could potentially face federal criminal charges for possessing, selling, or trafficking the drug in Dayton.
Marijuana is one of the most commonly used recreational drugs in Dayton. Despite the recent attempts to reduce the number of marijuana cases that flood an already overloaded criminal justice system, marijuana use is still illegal and charges are still being issued. A conviction for possessing marijuana is not without penalties and consequences, some of which can be significant and lasting.
While it is not always possible to avoid a marijuana charge entirely, an experienced marijuana crimes lawyer will help you navigate the often overwhelming arrest and court process and may reduce your charges or facilitate the negotiation of a diversion program for first-time offenders.
The only way to protect yourself is by asserting a vigorous defense from the very start. The skilled Dayton criminal defense lawyers at Suhre & Associates can help. Our lawyers have been fighting on behalf of the people of Dayton, Ohio for years.
What Are Marijuana Crimes?
The possession of marijuana is a criminal offense with penalties that vary in degree according to the amount present. These penalties apply to any compound, preparation, substance, or mixture containing marijuana, cannabis, or any derivative of the marijuana plant. (Ohio Rev. Code § 2925.11)
Many residents of Dayton are under the impression that they can no longer be charged for marijuana possession, and that’s simply not true. While Ohio has decriminalized the possession of marijuana in small amounts for personal possession (meaning that recreational use is no longer heavily prosecuted), the possession of marijuana is, for all intents and purposes, still prohibited by law.
Under the laws of Ohio, the officers of Dayton may still charge for marijuana possession, driving under the influence of marijuana, and more. Additionally, employers may still require employees to submit to drug testing and fire them if marijuana use is detected.
In Ohio, marijuana crimes range from minor possession to cultivation and trafficking, as follows:
- Possession < 100 grams: The possession of less than 100 grams (roughly 3.5 ounces) of marijuana, or the transfer of less than 20 grams (i.e. giving it so someone else), are considered “minor misdemeanors.” This means these are not jailable offenses, but are punishable by up to $150 in fines and a possible driver’s license suspension for a period of six months to five years. Each subsequent offense is a 3rd degree misdemeanor.
- Possession 100 + grams: The possession of 100 grams or more but less than 200 grams is a 4th degree misdemeanor.
- Possession 200 – 1,000 grams: The possession of 200 – 1,000 grams is a 5th degree felony;
- Possession of 1,000 – 5,000: The possession of 1,000 – 5,000 grams is a 3rd degree felony.
- Possession of 5,000 – 20,000 grams: The possession of 5,000 – 20,000 is a 3rd degree felony that carries a presumption that prison time will be served.
- Possession of 20,000 + grams: The possession of 20,000 grams or more is a 2nd degree felony.
Possessing a large quantity of the drug can also potentially trigger aggravated charges for the intent to sell.
- Sale of 200 – 1,000 grams: The sale of 200 – 1,000 grams is a 5th degree felony.
- Sale of 1,000 – 5,000 grams: The sale of 1,000 – 5,000 grams is a 4th degree felony.
- Sale of 5,000 – 20,000 grams: The sale of 5,000 – 20,000 grams is a 3rd degree felony with a presumption that prison time will be served.
- Sale of 20,000 + grams: The sale of 20,000 + grams is a 2nd degree felony.
Additionally, charges and the correspondence penalties/sentences will be enhanced if the sale is within 1,000 feet of a school or 100 feet of a juvenile.
Medical Marijuana Exemption
Under Ohio’s medical marijuana law, eligible patients may possess up to a 90-day supply of marijuana, but may not cultivate their own. While the sale of marijuana remains illegal, the state Board of Pharmacy will license a limited number of growers and retail dispensaries.
Medical use of marijuana is legal for 21 specific health conditions, as long as patients are registered with the state. But registered patients can use medical marijuana only in prescribed ways.
What Are the Punishments for Marijuana Crimes?
For possession charges that are considered “minor misdemeanors” involving less than 100 grams or marijuana, or the sale or transfer of less than 20 grams (for example, giving it to someone else), the punishment is generally fined not to exceed $150 and a possible suspension of the person’s driver’s license for six months to five years. The misdemeanor does not become part of the person’s criminal record.
Possession charges involving an amount of marijuana:
- Between 100 and 200 grams, or the sale or transfer of more than 20 grams, are a fourth degree felony punishable by a fine up to $250 and 30 days in jail, or both;
- Between 200 to 1,000 grams are a fifth degree felony punishable by up to $2,500 and up to one year in jail, or both.
- Between 1,000 to 20,000 grams are a third degree felony punishable by a fine of up to $10,000 or five years in prison, or both.
- Between 20,000 to 40,000 grams are second degree felonies punishable by a fine of up to $15,000 and between five and eight years in prison, or both.
- 40,000 grams or more are second degree felonies punishable by a fine of up to $20,000 and at least eight years in prison, or both.
Driving under the influence of marijuana can carry a penalty of 3 days to six 6 in prison, plus a 6 to 3-year driver’s license suspension. In addition to the above punishments, probation may be imposed, and the ability to own or possess a firearm, and attend certain schools may be restricted. The consequences that can come with a marijuana charge conviction can affect social status, family relationships, and the availability of future employment and government assistance.
How Can I Defend Myself If I’m Facing Marijuana Charges in Dayton, Ohio?
Depending on the facts surrounding your arrest, there are a plethora of defense that may be available to you. Our experienced lawyers will analyze the facts and evidence particular to your case to identify which defenses are likely to be the most successful. Our team will gather evidence, utilize experts, speak to witnesses, and more to build the strongest defense strategy for you. Common examples of defenses to marijuana crimes charges are:
- Possession of a medical marijuana card issued from any state;
- Lack of knowledge that the substance was marijuana;
- Lack of intent to possess the marijuana;
- Illegal search and seizure;
- Illegal arrest or failure of law enforcement to administer Miranda rights;
- Entrapment; and
- Mistaken identity.
Your lawyer will examine the evidence against you to determine flaws in the prosecution’s case, and will work tirelessly to defend, dismiss, or reduce the charges against you. The prosecution is required to prove you committed every element of the offense beyond a reasonable doubt which is a high threshold to meet. However, if a conviction is unavoidable, your Dayton drug crimes lawyer will negotiate the best possible deal for you, and provide you with strong representation throughout the process.
Contact Our Dayton Marijuana Crimes Lawyers For Help Today
Navigating the complex criminal court process can be daunting, especially if this is your first offense. When you hire an marijuana crimes lawyer with Suhre & Associates, you’re not only hiring someone to fight for you, but you’re also hiring someone who can offer insight and guidance on a process that he has been through hundreds of times before.
Founded by a former police officer, our Ohio law firm provides unparalleled legal advice and assistance. We know how the state operates because we’ve been on the other side of the law. That’s invaluable insight and knowledge that allows us to get the very best results for our clients.
We know that you probably have a million questions. That’s why we offer a free consultation. Contact our Dayton law office to discuss your case with our criminal defense team specializing in marijuana crimes at no charge today.