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The State Laws of Ohio

The State Laws of Ohio


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Ohio Abortion Laws

Within the state of Ohio, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Ohio state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Ohio, unauthorized individuals conducting abortions may be charged with misdemeanors or felonies

Ohio Common Law Marriage

A common law marriage is recognized in the event that it was filed prior to October 10th, 1991

Ohio Marijuana Laws

Within the state of Ohio, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Ohio State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Ohio:

Possession/Under the Influence of Marijuana

1.    Amount: less than 100 grams

•    Penalty: none

•    Fines: $150

•    Classification: Minor Misdemeanor

2.    Amount: 100 – 200 grams

•    Penalty: up to 30 days’ incarceration

•    Fines: $250

•    Classification: 4th Degree Misdemeanor

3.    Amount: 201- 999 grams

•    Penalty: up to 30 days’ incarceration

•    Fines: $2,500

•    Classification: 5th Degree Felony

4.    Amount: 1,000 – 4,999 grams

•    Penalty: 1 to 5 years’ incarceration

•    Fines: $5,000 – $10,000

•    Classification: 3rd Degree Felony

5.    Amount: 100 -200 grams

•    Penalty: 1 to 5 years’ incarceration

•    Fines: $5,000 – $10,000

•    Classification: 3rd Degree Felony

6.    Amount: 100 -200 grams

•    Penalty: up to 8 years’ incarceration

•    Fines: $7,500 – $15,000

•    Classification: 2nd Degree Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

7.    Amount: less than 20 grams (gift)

•    Penalty: none

•    Fines: $100

•    Classification: Misdemeanor

8.    Amount: less than 200 grams

•    Penalty: 6 to 18 months’ incarceration

•    Fines: varies

•    Classification: Felony

9.    Amount: 200 – 600 grams

•    Penalty: 1 – 5 years’ incarceration

•    Fines: varies

•    Classification: Felony

10.    Amount: more than 600 grams

•    Penalty: minimum sentence of 6 months’ incarceration

•    Fines: varies

•    Classification: Felony

Medical Marijuana

Within the state of Ohio, Medical Marijuana is considered to be illegal both for patient use and cultivation

Ohio DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Ohio:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Ohio, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Ohio, supplementary penalties may be incurred due to BAC levels exceeding .17%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Ohio, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 6 months’ time;  penalties can range upwards of 3 years in addition to the installation of an ignition interlock device

•    Upon a fourth DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle 

•    Upon a third DUI or DWI conviction, an individual is subject to undergo mandatory substance abuse treatment

Ohio Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Ohio, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals convicted of the possession of illegal substances, minors without adult consent for use outside of hunting purposes, fugitives, individuals deemed to be mentally incompetent, or individuals addicted to drugs or alcohol;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of Ohio

•    Current listing or report of forearms considered to be illegal in the state of Ohio: silenced firearms, sawed-off automatic weaponry, zip guns, and military-grade guns or ammunition

Ohio Adoption Laws

In the state of Ohio, an individual who has been deemed as a law-abiding citizen 18 years or older who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of Ohio, the Department of Human Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption

•    Within the state of Ohio, and individual must maintain residence for a period of no less than 6 months

Ohio Employment and Labor Laws

•    Within the state of Ohio, the minimum wage is $7.30awarded per hour of labor

•    Within the state of Ohio, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Ohio Divorce Laws

Within the state of Ohio, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed by an individual resident of Ohio state or serve as a member of the Armed Forces who serves in state

•    ‘No Fault’ divorce does exist on the grounds of incompatibility; a 1-year separation must take place 

•    Additional grounds for divorce can include cruelty, adultery, neglect, addiction, and insanity

Ohio Death Penalty Laws

Within the state of Ohio, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability or pregnancy, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 18

•    Within the state of Ohio, homicide and treason are considered to be the only crimes punishable by death

•    The accepted means of capital punishment is the administration of lethal injection

Ohio Gambling Laws

Within the state of Ohio, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity are deemed as illegal in the state of Ohio

Ohio Child Laws

Within the state of Ohio, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision