If you are convicted for the illegal cultivation and growing of marijuana in Ohio, the penalties that you will face are dependent the amount of marijuana that was cultivated and whether the offense was near a school or minor.
Illegal Cultivation and Growing of Marijuana Penalties in Ohio
If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between 1 kilogram and 5 kilograms and the offense occurred near a school or near a minor, then you will be charged with a second degree felony. This entails at least two and up to eight years in prison in addition to fines up to $15,000.
Other Consequences for Marijuana Drug Manufacturing and Cultivation
If you are convicted for the illegal cultivation and growing of marijuana and the amount of marijuana is between five and 20 kilograms, then you will be charged with a third degree felony. This entails at least one and up to five years in prison in addition to fines up to $10,000.
The seized contraband must be held for a reasonable time, but not exceeding seventy-two hours. If at any time prior to the expiration of that time period, the law enforcement agency files a petition for additional time to inspect, investigate or gather evidence, the agency may file a petition in the court of common pleas that has jurisdiction over the case. An immediate hearing will be scheduled upon the filing of the petition.
A search must be conducted through a properly executed warrant that specifically mentions the place, items and/or individuals to be searched and/or seized.
Under the federal sentencing guidelines, all marijuana offenses are susceptible to prison time, but it is not mandatory. The greater the amount of marijuana in question, the more likely an individual will receive a lengthy prison sentence, as opposed to probation or other sentences.
Federal Law Regarding Marijuana Cultivation / Grow Houses
2 – 8 Years Judge must impose a prison term of 8 years
Other individuals engaged in marijuana activity may reveal the presence of indoor marijuana plants in your home to either obtain a reduced sentence or to eliminate business competition. Police can also discover indoor marijuana cultivation through voluntary consent of the person who owns the grow house.
Marijuana Grow House Operations Encountered By Accident
Informants may also be used to target the alleged offender. Tips are often acquired from informants with a particular bias against the alleged offender or with personal motivation to exchange information for a reduction or dismissal of their own pending criminal charges.
Law enforcement must have probable cause the marijuana cultivation or growing is in progress. If law enforcement officers have probable cause, they will seek a warrant for your arrest and/or to search your property.