Since Issue 2, adults 21 and older may possess up to 2.5 ounces of cannabis flower (or up to 15 grams of concentrate) and may grow up to six plants per adult, twelve per household, kept in a locked, enclosed space at their primary residence. Under S.B. 56 (effective March 20, 2026), product must come from an Ohio-licensed dispensary or a lawful home grow; cannabis brought in from another state is not lawful here, and exceeding the plant limit is now charged as illegal cultivation rather than a simple overage.
Outside those lines, the old machinery still runs: possession over the limit, possession by anyone under 21, sale or trafficking without a license, and cultivation beyond the home-grow rules remain chargeable under R.C. Chapter 2925. Marijuana charges also still trigger collateral issues — probation and pretrial conditions, professional licensing, and federal employment.
How Ohio Classifies & Punishes Marijuana Offenses
| Circumstance | Classification | Exposure |
|---|---|---|
| Adult 21+, within possession & home-grow limits | No crime | Lawful under Issue 2 / S.B. 56 |
| Possession over the legal limit (small overage) | Minor misdemeanor | Fine; no jail for minor misdemeanor |
| Larger possession amounts | Misd. → Felony | Escalates by weight under R.C. 2925.11 |
| Illegal cultivation over plant limit | Misd. → Felony | Graded by amount under R.C. 2925.04 |
| Trafficking / unlicensed sale | Felony | Graded by amount under R.C. 2925.03 |
Possession or use by anyone under 21 remains unlawful, and gifting or selling outside the licensed system can be charged as trafficking.
How We Defend Marijuana Offenses Charges
An arrest is an accusation, not a verdict. Our defense of a marijuana offenses charge begins with the questions the State would rather not answer:
- Whether the amount actually exceeds the current legal possession or cultivation limits.
- Whether any search of your person, car, phone, or home complied with the Fourth Amendment — illegally obtained evidence can be suppressed.
- Whether the “plain smell” of marijuana still justified the search now that possession can be lawful — an evolving and contestable area.
- Whether the police had a lawful basis for the stop, the detention, or the encounter that led to the charge.
- Whether the product was lawfully sourced and whether the State can prove otherwise.
- Diversion or minor-misdemeanor resolution that avoids any meaningful record.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to marijuana offenses cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Marijuana Offenses — Common Questions
How much marijuana can I legally have in Ohio now?
Adults 21 and older may possess up to 2.5 ounces of cannabis flower or up to 15 grams of concentrate from a licensed Ohio source, and may grow up to six plants (twelve per household) at their primary residence in a secured, enclosed space. Amounts above those limits, or any possession by someone under 21, can still be charged.
Can police still search my car if they smell marijuana?
This is unsettled and fact-specific. Because adult possession can now be lawful, the long-standing “odor alone” justification for a vehicle search is being litigated. Whether a search based on smell holds up is exactly the kind of issue we press in a marijuana case.
Is it legal to bring marijuana into Ohio from another state?
No. Under S.B. 56, lawful cannabis must come from an Ohio-licensed dispensary or a compliant home grow. Product purchased legally elsewhere is not lawful to possess in Ohio and can be charged.
Talk to a Drug Crimes Defense Attorney Today
If you or someone you love is facing a marijuana offenses charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.