Ohio § 2925.04

§ 2925.04.

(A) No person shall knowingly cultivate marihuana or knowingly manufacture or otherwise

engage in any part of the production of a controlled substance. (B) This section does not apply to any person listed in division (B)(1), (2), or (3)

of section 2925.03 of the Revised Code to the extent and under the circumstances described

in those divisions. (C)(1) Whoever commits a violation of division (A) of this section that involves any drug

other than marihuana is guilty of illegal manufacture of drugs, and whoever commits

a violation of division (A) of this section that involves marihuana is guilty of illegal

cultivation of marihuana. (2) Except as otherwise provided in this division, if the drug involved in the violation

of division (A) of this section is any compound, mixture, preparation, or substance

included in schedule I or II, with the exception of methamphetamine or marihuana,

illegal manufacture of drugs is a felony of the second degree, and, subject to division

(E) of this section, the court shall impose as a mandatory prison term a second degree

felony mandatory prison term. If the drug involved in the violation is any compound, mixture, preparation, or substance

included in schedule I or II, with the exception of methamphetamine or marihuana,

and if the offense was committed in the vicinity of a juvenile or in the vicinity

of a school, illegal manufacture of drugs is a felony of the first degree, and, subject

to division (E) of this section, the court shall impose as a mandatory prison term

a first degree felony mandatory prison term. (3) If the drug involved in the violation of division (A) of this section is methamphetamine,

the penalty for the violation shall be determined as follows: (a) Except as otherwise provided in division (C)(3)(b) of this section, if the drug involved

in the violation is methamphetamine, illegal manufacture of drugs is a felony of the

second degree, and, subject to division (E) of this section, the court shall impose

a mandatory prison term on the offender determined in accordance with this division.  Except as otherwise provided in this division, the court shall impose as a mandatory

prison term a second degree felony mandatory prison term that is not less than three

years.  If the offender previously has been convicted of or pleaded guilty to a violation

of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code , or a violation of division (A) of section 2925.041 of the Revised Code , the court shall impose as a mandatory prison term a second degree felony mandatory

prison term that is not less than five years. (b) If the drug involved in the violation is methamphetamine and if the offense was committed

in the vicinity of a juvenile, in the vicinity of a school, or on public premises,

illegal manufacture of drugs is a felony of the first degree, and, subject to division

(E) of this section, the court shall impose a mandatory prison term on the offender

determined in accordance with this division.  Except as otherwise provided in this division, the court shall impose as a mandatory

prison term a first degree felony mandatory prison term that is not less than four

years.  If the offender previously has been convicted of or pleaded guilty to a violation

of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code , or a violation of division (A) of section 2925.041 of the Revised Code , the court shall impose as a mandatory prison term a first degree felony mandatory

prison term that is not less than five years. (4) If the drug involved in the violation of division (A) of this section is any compound,

mixture, preparation, or substance included in schedule III, IV, or V, illegal manufacture

of drugs is a felony of the third degree or, if the offense was committed in the vicinity

of a school or in the vicinity of a juvenile, a felony of the second degree, and there

is a presumption for a prison term for the offense. (5) If the drug involved in the violation is marihuana, the penalty for the offense shall

be determined as follows: (a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), or (f) of this

section, 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. (b) If the amount of marihuana involved equals or exceeds one hundred grams but is less

than two hundred 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. (c) If the amount of marihuana involved equals or exceeds two hundred grams but is less

than one thousand grams, illegal cultivation of marihuana is a felony of the fifth

degree or, if the offense was committed in the vicinity of a school or in the vicinity

of a juvenile, a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (d) If the amount of marihuana involved equals or exceeds one thousand grams but is less

than five thousand grams, illegal cultivation of marihuana is a felony of the third

degree or, if the offense was committed in the vicinity of a school or in the vicinity

of a juvenile, a felony of the second degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (e) If the amount of marihuana involved equals or exceeds five thousand grams but is

less than twenty thousand grams, illegal cultivation of marihuana is a felony of the

third degree or, if the offense was committed in the vicinity of a school or in the

vicinity of a juvenile, a felony of the second degree, and there is a presumption

for a prison term for the offense. (f) Except as otherwise provided in this division, if the amount of marihuana involved

equals or exceeds twenty thousand grams, illegal cultivation of marihuana is a felony

of the second degree, and the court shall impose as a mandatory prison term a maximum

second degree felony mandatory prison term.  If the amount of the drug involved equals or exceeds twenty thousand grams and if

the offense was committed in the vicinity of a school or in the vicinity of a juvenile,

illegal cultivation of marihuana is a felony of the first degree, and the court shall

impose as a mandatory prison term a maximum first degree felony mandatory prison term. (D) In addition to any prison term authorized or required by division (C) or (E) of this

section and sections 2929.13 and 2929.14 of the Revised Code and in addition to any other sanction imposed for the offense under this section

or sections 2929.11 to 2929.18 of the Revised Code , if applicable, the court also shall do the following: (1) If the violation of division (A) of this section is a felony of the first, second,

or third degree, the court shall impose upon the offender the mandatory fine specified

for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is

indigent.  The clerk of the court shall pay a mandatory fine or other fine imposed for a violation

of this section pursuant to division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code .  The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code .  If a person is charged with a violation of this section that is a felony of the

first, second, or third degree, posts bail, and forfeits the bail, the clerk shall

pay the forfeited bail as if the forfeited bail were a fine imposed for a violation

of this section. (2) If the offender is a professionally licensed person, the court immediately shall

comply with section 2925.38 of the Revised Code . (3) If the offender has a driver's or commercial driver's license or permit, section 2929.33 of the Revised Code applies. (E) Notwithstanding the prison term otherwise authorized or required for the offense

under division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code , if the violation of division (A) of this section involves the sale, offer to sell,

or possession of a schedule I or II controlled substance, with the exception of marihuana,

and if the court imposing sentence upon the offender finds that the offender as a

result of the violation is a major drug offender and is guilty of a specification

of the type described in division (A) of section 2941.1410 of the Revised Code , the court, in lieu of the prison term otherwise authorized or required, shall impose

upon the offender the mandatory prison term specified in division (B)(3) of section 2929.14 of the Revised Code . (F) It is an affirmative defense, as provided in section 2901.05 of the Revised Code , to a charge under this section for a fifth degree felony violation of illegal cultivation

of marihuana that the marihuana that gave rise to the charge is in an amount, is in

a form, is prepared, compounded, or mixed with substances that are not controlled

substances in a manner, or is possessed or cultivated under any other circumstances

that indicate that the marihuana was solely for personal use. Notwithstanding any contrary provision of division (F) of this section, if, in accordance

with section 2901.05 of the Revised Code , a person who is charged with a violation of illegal cultivation of marihuana that

is a felony of the fifth degree sustains the burden of going forward with evidence

of and establishes by a preponderance of the evidence the affirmative defense described

in this division, the person may be prosecuted for and may be convicted of or plead

guilty to a misdemeanor violation of illegal cultivation of marihuana. (G) 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. (H) 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 section 4511.19 of the Revised Code 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. Upon the filing of a motion under division (H) of this section, the sentencing court,

in its discretion, may terminate the suspension.