(a) No person shall knowingly cultivate marihuana in excess of 200 grams except as may be authorized by R.C. § 2925.03(B)(1), (2) or (3), R.C. Chapter 3796, or a substantially equivalent municipal ordinance, to the extent and under the circumstances described in that division.
(b) Any amount of marihuana or suspected marihuana seized by law enforcement officers under this section may be destroyed as contraband without a forfeiture hearing, even if the Yellow Springs Police Department does not cite the alleged cultivator.
(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 civil infraction subject to a maximum fine of $25 in Yellow Springs Mayor’s Court.
(2) 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) Conviction for a 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.
(Ord. 2020-16. Passed 9-8-20.)