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(a) No person shall knowingly cultivate marihuana.
(b) This section does not apply to any person listed in Ohio R.C. 2925.03(B)(1) to (3) to the extent and under the circumstances described in those divisions.
(c) Whoever commits a violation of subsection (a) hereof is guilty of illegal cultivation of marihuana. Illegal cultivation of marihuana is a misdemeanor if the amount of marihuana involved does not exceed 200 grams.
(1) Except as otherwise provided in subsection (c)(2) hereof, illegal cultivation of marihuana is a minor misdemeanor, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.
(2) If the amount of marihuana involved equals or exceeds 100 grams but does not exceed 200 grams, illegal cultivation of marihuana is a misdemeanor of the first degree.
(d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in an application for employment, a license, or any other right or privilege or made in connection with the person’s appearance as a witness.
(ORC 2925.04; Ord. 1998-130. Passed 10-27-98.)