Many patients with chronic pain and illnesses benefit from medical marijuana prescriptions.
Ohio is one of the many states that legalized medical marijuana prescriptions for patients after realizing the possible health advantages for their patients. However, using and obtaining medical marijuana is subject to tight regulations in Ohio.
It is illegal to move marijuana across state boundaries, even if you have a legitimate prescription.
In this article, we will discuss the reason why you can’t bring medical marijuana across state lines and also we will discuss the penalties for transporting marijuana across state lines.
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What Holds You Back From Taking Medical Marijuana Over State Lines?
The law against drug possession is generally enforced, but Ohio’s medical marijuana laws make an exception. Marijuana remains a prohibited substance in Ohio.
Consequently, possession and distribution of medical marijuana are strictly regulated by the state.
In Ohio, you cannot own an infinite amount of marijuana even if you have a prescription for it for medical purposes.
Furthermore, you are not permitted to sell, give away, distribute, or possess more medical marijuana than a ninety-day supply if you have a prescription for it.
The only people authorized by law to distribute marijuana are those who operate in regulated dispensaries and provide care for patients with medical marijuana prescriptions.
In addition, even if you have a legitimate prescription for medical marijuana, you are not allowed to produce your own.
Cards for medical marijuana issued by other states are not accepted in Ohio. In the same way, an Ohio marijuana card is not accepted by many other states as proof of eligibility to buy medical marijuana elsewhere.
However, several states permit recreational marijuana purchases by anybody over the age of 21.
It is prohibited to transfer marijuana over state boundaries due to Ohio law’s severe restrictions.
It is therefore unlawful to get medical marijuana in Ohio and transport it to another state.
Furthermore, even if you purchased marijuana legally in another state, it is illegal to bring it into Ohio.
What Are The Penalties For Cross-State Transportations Of Marijuana?
Ohio’s drug laws are strictly enforced, even though marijuana is treated differently than other drugs. Under 100 grams of marijuana in possession is a minor misdemeanor.
A minor misdemeanor has a maximum punishment of $150 in fines. As marijuana’s weight rises, possession of the substance becomes a more serious offense.
The following is the gradual increase in penalties:
- The fourth-degree misdemeanor is possessing over 100 grams but less than 200 grams. The maximum jail term for a fourth-degree misdemeanor is thirty days.
- The fifth-degree felony of possessing between 200 and 1,000 grams entails a sentence of six to twelve months in prison.
- 1,000 grams or less in possession is considered a third-degree felony punishable by nine months to five years in prison.
- 20,000 to 40,000 grams of marijuana constitute a second-degree crime, punishable by five to eight years in prison.
- Any amount of marijuana above 40,000 grams is a second-degree crime. A second-degree felony in Ohio has a minimum sentence of eight years in prison.
Please be aware that these penalties may come with different fines.
Additionally, it is illegal in Ohio to sell, transport, or deliver drugs to another individual.
In comparison to the above-listed penalties for ordinary possession, the penalties for trafficking are substantially harsher. Years may be added to your sentence for aggravating circumstances, such as committing multiple crimes or owning a handgun.
It’s illegal for federal agents to transport marijuana over state borders. Furthermore, it is unlawful under federal law to possess or distribute cannabis.
But if someone possesses 100 plants or more kilograms of marijuana, they are charged with federal marijuana trafficking. Federal law imposes a required minimum penalty of five years for that offense.
Are There Any Justifications For Cross-State Transportation Of Marijuana?
You can prepare a particular defense for your case with the assistance of a knowledgeable and competent Ohio drug defense attorney. While every case is unique, just like the individuals involved, some basic defense strategies might be useful.
For example, you can file a motion to suppress to challenge the legitimacy of the police operation.
This motion asks the judge to suppress any evidence the police discovered after infringing on your right to be free from search and seizure.
You might also request that the judge drop the accusations against you due to a lack of proof.
Medical Marijuana Tips for Patients Vacationing in Ohio
Patients frequently have questions regarding the legalities of using their product when traveling, either inside their home state or between states that allow it. If you want to travel with your medicinal marijuana, it’s crucial to know what is legal and what isn’t.
Medical marijuana is permitted in Ohio; however, patients who plan to travel should take precautions to prevent any legal issues.
Note: It is highly recommended to leave your cannabis at home while traveling to Ohio.
Conclusion
Ohio has some strict laws regarding the use of medical marijuana across the state boundaries. You can face penalties if you are trying to transport marijuana across the state therefore it is always advisable to exercise caution.
