While marijuana has been legalized for recreational use in several states, including Colorado, Oregon, Alaska and Washington, and for medicinal use in 23 states, marijuana is illegal under Ohio law. Trafficking in marijuana can lead to mandatory prison terms, stiff fines, driver’s license suspensions, difficulty obtaining employment and forfeiture of property.

What is Marijuana “Trafficking?”

Trafficking in marijuana is defined as knowingly selling, offering to sell, preparing for shipment, shipping, delivering, or transporting marijuana when the person knows or has reasonable cause to know that the marijuana is intended for sale.

“Knowingly” and “reasonable cause” are elements of the offense that must be proved by the prosecution. “Knowingly” is defined as having awareness, purpose and intent to act. Thus, for a person to act “knowingly,” a person must contemplate the action and act in furtherance of that intent. “Reasonable cause” is based on what an average person would believe if under similar circumstances.

At no point does a person have to actual sell marijuana to be convicted of marijuana trafficking. The seller of marijuana can be convicted of marijuana trafficking even if there is no exchange of money. The definition of “sale” includes transfer, gift and exchange.

Ohio Penalties for Marijuana Trafficking

Misdemeanor Charges

In Ohio, if the marijuana trafficking offense involves the gift of 20 grams or less of marijuana, trafficking is a minor misdemeanor for a 1^st offense and a 3^rd degree misdemeanor for subsequent offenses. If committed near a school or juvenile, the offense will be charged as a 3^rd degree misdemeanor. If the person is charged with a minor misdemeanor, the individual faces a maximum $150 fine. However, the court will impose a 6 month driver’s license suspension. If the person is charged with a 3^rd degree misdemeanor, the individual will be subject to 60 days in jail and a $500 fine.

Felony Charges

A conviction for trafficking less than 200 grams of marijuana will result in a 5^th degree felony, which carries a potential 6-12 months in jail and a $2500 fine. Trafficking 200-999 grams will result in a 4^th degree felony, which carries a potential 6-18 months in jail and a $5000 fine. A conviction for trafficking 1000-19,999 grams of marijuana is a 3^rd degree felony, which carries a sentence of 9 months – 3 years and a $10,000 fine. Trafficking 20,000-39,999 grams will result in a 2^nd degree felony, which carries a mandatory prison term of 5-8 years and a $15,000 fine. If the amount trafficked is 40,000 grams or more, the offense is still a 2^nd degree felony. However, the prison sentence is a mandatory 8 years. All of the degrees of offenses listed above will be enhanced by one level (i.e., 5^th degree felony to 4^th degree felony) if committed in the vicinity of a school or juvenile.

Secondary Consequences

In addition to criminal penalties, a conviction for trafficking in marijuana can result in significant secondary consequences, including the suspension of the person’s driver’s license for a minimum of 6 months and having any professional licenses (e.g., teaches, lawyers, nurses, etc.) suspended or revoked. Furthermore, the court may order that the person convicted of trafficking in marijuana forfeit all proceeds from the trafficking, including property used in committing marijuana trafficking.

Moreover, a person convicted of a drug offense will have difficulty securing employment, student loans and other government assistance, and complicate any future child custody actions.

Defenses to Trafficking in Marijuana

In Ohio, there are several defenses to trafficking in marijuana. These include lack of intent, unlawful search and seizure, lack of proper Miranda warnings, and entrapment by law enforcement.

The primary defense is lack of intent. Trafficking in marijuana is a specific intent offense that requires knowledge, purpose and action in furtherance of the crime. This means that the prosecution must prove that at the time of the offense, you had the requisite criminal intent to commit the offense. Absent this required specific intent to commit marijuana trafficking, the prosecution will have difficulty proving their case and the charges may be dismissed.

Unlawful search and seizure is another effective defense. The police do not always comply with search and seizure laws, which allows your attorney to argue that law enforcement violated your constitutional rights. An unlawful search and seizure can result from a lack of probable cause or a valid search warrant, a search warrant that is not properly executed, or the police exceeding the scope permitted within the search warrant.

Columbus and Delaware, Ohio Marijuana Trafficking Attorney

If you have been charged with marijuana trafficking in Columbus or Delaware, Ohio, contact attorney David Johnson of Johnson Legal, LLC to discuss your case. As an experienced and knowledgeable drug defense lawyer in Columbus and Delaware, Ohio, he can help you fight the charge and achieve the best possible outcome. Contact attorney David Johnson at (614) 987-0192 or send an email to schedule a consultation to discuss your marijuana trafficking case.