Minor Marijuana Offense Diversion

You may be eligible for the Minor Marijuana Offense Diversion Program. If you qualify, you can avoid a conviction on your record.

In determining whether you qualify, the Court and the prosecutor consider many factors, including your past criminal and traffic record (including your juvenile record). The prosecutor and the Court have discretion as to whether you qualify.

Benefits

The benefits of this diversion program are set forth in the chart below.

Drug Abuse Drug Paraphernalia Diversion
Fine $150 $250 $500 program fee including all program curriculum and random urinalysis
Court Costs $124 $256 Included in above fee
Jail Time Generally no jail time Generally up to 30 days incarceration None
License Suspension 6 months to 5 years 6 months to 5 years None
Record Reported on criminal and/or driving record Reported on criminal and/or driving record None

Eligibility

To be eligible for the program, you must:

  • Be charged with a minor misdemeanor or fourth degree misdemeanor marijuana drug abuse or possession or marijuana paraphernalia offense.
  • Pay a $100 non-refundable fee (to be credited against the $500 program fee);
  • Satisfactorily compete the program application;
  • Be a first offender with no prior felony conviction, misdemeanor drug conviction or other or serious misdemeanor conviction at any time, or an alcohol related conviction within the last three years;
  • Not be in another diversion program or having completed any other diversion program, nor in the process or having a prior offense sealed or having previously had an offense sealed;
  • Have no pending cases in any court;
  • Be accepted in the program by the prosecutor in conjunction with Ohio Revised Code Section 2935.36.

Conditions

To complete the program, you must over a six month period:

  1. Pay for and complete an online course or other curriculum assigned by the Court;
  2. Attend one approved substance abuse meeting or session (NA, AA, etc.);
  3. Perform twenty-four (24) hours of approved community service;
  4. Write an essay of at least three pages in length on your experience in the program;
  5. Not be charged with any other criminal or serious traffic offense during your participation in the program;
  6. Not possess or consume any illegal substance while in the program:
  7. Submit to random drug screens during the program and pass all such screens.

IT IS ULTIMATELY UP TO THE JUDGE OR MAGISTRATE AS TO WHETHER YOU QUALIFY OR HAVE NOT SUCCESSFULLY COMPLETED THE PROGRAM.