(A) No person shall knowingly cultivate marihuana.
(B) This section does not apply to any person listed in R.C. § 2925.03(B)(1), (2) or (3), or a substantially similar 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) 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.
(R.C. § 2925.04(A), (B), (C)(5), (G)) (Ord. 20-96, passed 8-13-96) Penalty, see § 130.99
Statutory reference:
Illegal manufacturing of controlled substances, felony, see R.C. § 2925.04
Sale or use of drugs not approved by Food and Drug Administration, felony, see R.C. § 2925.09