(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), (B)(2) or (B)(3), or a substantially equivalent municipal ordinance, to the extent and under the circumstances described in that division.
(C) Whoever commits a violation of division (A) of this section is guilty of illegal cultivation of marihuana.
(1) Except as otherwise provided in the following divisions, 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 is less than 200 grams, illegal cultivation of marihuana is a misdemeanor of the fourth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree.
(3) If the amount of marihuana involved equals or exceeds 200 grams, illegal cultivation of marihuana is a felony to be prosecuted under appropriate state law.
(D) In addition to any prison term authorized or required by division (C) of this section and Ohio R.C. §§ 2929.13 and 2929.14, and in addition to any other sanction imposed for the offense under this section or Ohio R.C. §§ 2929.11 through 2929.18, the court that sentences a person who is convicted of or pleads guilty to a violation of division (A) of this section may suspend the offender’s driver’s or commercial driver’s license or permit in accordance with Ohio R.C. § 2925.03(G). However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. § 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit in accordance with Ohio R.C. § 2925.03(G). If the offender is a professionally licensed person, the court immediately shall comply with Ohio R.C. § 2925.38.
(E) 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 any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness.
(F) (1) If the sentencing court suspends the offender’s driver’s or commercial driver’s license or permit under this section in accordance with Ohio R.C. § 2925.03(G), the offender may request termination of, and the court may terminate, the suspension of the offender in accordance with that division.
(2) (a) Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under this section prior to September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of Ohio R.C. § 4511.19 or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under this section shall not file such a motion.
(b) Upon the filing of a motion under this division (F)(2), the sentencing court, in its discretion, may terminate the suspension.
(ORC § 2925.04)
Statutory reference:
Illegal manufacturing of controlled substances, felony, see Ohio R.C. § 2925.04
Sale or use of drugs not approved by Food and Drug Administration, felony, see Ohio R.C. § 2925.09