For years, it’s been said that Ohio, where possession of up to nearly four ounces of marijuana is a minor misdemeanor, has the most tolerant marijuana laws in the country. However, one problem with that statement is that people in possession of marijuana are routinely arrested, not for the marijuana, but for the pipes or papers they carry it in. That’s because possession of marijuana was a fourth degree misdemeanor. Not any more.
SB 337, a bipartisan criminal justice reform bill, includes a provision applying the same penalties for possession of marijuana to possession of paraphernalia intended for marijuana use. Unlike with a fourth degree misdemeanor, police officers generally cannot arrest someone suspected of a minor misdemeanor. In addition, the maximum punishment for a minor misdemeanor is a $150 fine with no possibility of jail time, and a conviction does not result in a criminal record. Be careful though — the new law still carries a driver’s license suspension of six months to five years.
Marijuana laws in Ohio
Ohio is a “decrim” state. Possession of less than 100 grams (about 3.5 ounces) is a “minor misdemeanor.” That means punishment is capped at a $150 fine without the possibility of jail time, but can also include a driver's license suspension of six months to five years. You can read more about Ohio’s marijuana laws, including statistics and enforcement trends, in this excellent summary by Jon Gettman, Ph.D.
While Ohio’s laws on marijuana are some of the best in the country, it’s not without at least one significant problem. Patients whose doctors recommend marijuana have not legal way to obtain it. Gary Burton recently found that out when he became a felon just for trying to provide medicine to his cancer-stricken wife:
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