# Laws in Ohio .. if caught with garden



## mike78wmdayton (Jun 15, 2007)

Just curious at to how long they might put someone in jail in Ohio for if caught with under a 100 plants.... which makes it non-federal i believe.

Also if a person owns his house would they confiscate house too?? 

any good input would be appreciated.. thanks


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## Mr.Wakenbake (Jun 15, 2007)

www.NORML.com for all the laws on MJ in the USA state by state.


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## Rocker420 (Jun 15, 2007)

Well. To correct you on one thing, the FEDs can come in when ever they like for no matter how many plants. If caught at your house, yes you can lose your house.

go here to see your state laws

www.Norml.org


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## Draston (Jun 16, 2007)

100 plants? I'm pretty sure its a felony with anything over 5 in most states.


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## MergeLeft (Jun 16, 2007)

This is the section of the Ohio revised code that sets out the penalties for mj growing. Penalties are based on GRAM AMOUNT not number of plants. Under 100 grams, you are looking at a "minor misdemeanor," fine up to $1000 and no criminal record, UNLESS, your grow is "in the vicinity of a school" or "in the vicinity of a juvenile," in which case it is a fourth degree misdemeanor, up to 30 days & a maximum $2000 fine.
 
http://codes.ohio.gov/orc/2925.04
Illegal manufacture of drugs - illegal cultivation of marihuana - methamphetamine offenses.

*100-200* *grams:* 4th degree *misdemeanor*- prison not mandatory, but possible- not more than 30 days and $2000; juvenile or school, 3d degree- up to 60 days and $3000.

*200-1000 grams:** 5th degree felony-* 6-12 months, up to $7500; OR if the kid/school thing applies then 4th degree felony- 6-18 months and up to $10,000. Court decides based on "additional factors" [Section 2929.13(B)] in deciding _"whether to impose a prison sentence on the offender."_ 
_Cultivation for personal use only is a defense_ [per subsection (F)] _to the 5th degree charge only,_ but the burden is totally on the grower, and proof of personal use only shifts the charge to a misdemeanor.

*1000-5000 grams:** 3d degree felony- *1-5 years and up to $15,000; OR kid or school in vicinity, *2d degree felony-* 2-8 years and up to $20,000; Again, Court decides based on "additional factors" [Section 2929.13(B)] in deciding _"whether to impose a prison sentence on the offender."_ 

*5000-20,000 grams:* 3rd degree felony; add kid or school it becomes a 2d degree felony, same penalties as above* AND "there is a presumption for a prison term for the offense" *meaning prison is much more likely.

*Over 20,000 grams:* *2d degree felony- a mandatory prison term of 8 YEARS *and fine up to $20,000. If in the vicinity of a school or juvenile, *FIRST DEGREE FELONY- mandatory 10 YEARS*,and a fine up to $25,000.

In felony cases there are a whole bunch of additional items that can be added to the effective fine, including the states' costs in prosecuting and imprisoning you. :hitchair: 

To add to your miseries if you are busted, property used for the grow in any way or obtained in any part with "proceeds" from the grow will be subject to *"CRIMINAL FORFEITURE:"* As mentioned by Rocker240 in his post.

http://codes.ohio.gov/orc/2925.42 
Criminal forfeiture of property relating to felony drug abuse offense.

It is basically an automatic seizure and very difficult to undo.


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## CorsoSativa (Jun 16, 2007)

it is that anything involving marijuana solely can warrant a prison term and have your house go to probate. When will the government wake up and legalize it?


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## Draston (Jun 16, 2007)

That is the problem. Yeah it sucks but I mean don't do the crime if you arn't willing to do the time. I've never gotten in trouble with the law and thats the reason I grow plants under the felony amount. If I was willing to do jail time I would grow more but I am not. I'm fragile and would be broke in jail lol.


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## TheStickyIcky (Jun 16, 2007)

Draston said:
			
		

> That is the problem. Yeah it sucks but I mean don't do the crime if you arn't willing to do the time. I've never gotten in trouble with the law and thats the reason I grow plants under the felony amount. If I was willing to do jail time I would grow more but I am not. I'm fragile and would be broke in jail lol.



Pull yourself together.:hitchair: 

LOL.


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## fyf (Jun 17, 2007)

Wow!  I didn't realize there were so many Ohioans.  Almost everyone seems to be from Cali


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