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Ohio Revised Code

Ohio Rev. Code § 2925.04 (2026)

Illegal manufacture of drugs - illegal cultivation of marihuana - methamphetamine offenses

✓ current as of May 2026
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Effective:
April 9, 2025
Latest Legislation:
House Bill 29 - 135th General Assembly
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(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.

Last updated January 28, 2025 at 12:53 PM

Notes of Decisions
Cited in 354 cases (47 in the last 5 years), 2000–2026 · leading case: State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016).
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State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). · cites it 2× “{¶ 4} The Gallia County Grand Jury indicted Marcum on one count of manufacturing methamphetamine in the vicinity of a juvenile in violation of R.C. 2925.04(A), a firsUdegree felony. See R.”
State v. Scoggins, 2017 Ohio 8989 (Ohio Ct. App. 2017). · cites it 15× “041 of the Revised Code that is the basis for the violation of this division. (Emphasis added.) {¶92} The plain language of R.”
State v. Isenogle, 2022 Ohio 1257 (Ohio Ct. App. 2022). · cites it 34× “R.C. 2925.04(A) prohibits the illegal manufacture of drugs, stating that, “[n]o person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.”
State v. Pribble (Slip Opinion), 2019 Ohio 4808 (Ohio 2019). · cites it 14× “” Under R.C. 2925.04, “[n]o person shall knowingly cultivate 2 January Term, 2019 marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.”
State v. Maust, 2016 Ohio 3171 (Ohio Ct. App. 2016). · cites it 7× “04 governs the crime of illegal manufacture of drugs and provides in relevant part that “[n]o person shall * * * knowingly manufacture or otherwise engage in any part of the production of a controlled substance.” {¶35} Maust first argues that the state’s evidence of his…”
State v. Bevers, 2018 Ohio 4135 (Ohio Ct. App. 2018). · cites it 9× “11(A) and (C)(1)(b), and one count of illegal manufacture of methamphetamine, a second degree felony pursuant to R.C. 2925.04(A) and (C)(3)(a). Bevers pleaded guilty to the two offenses, and he argues in this appeal that he did not enter his pleas intelligently, knowingly and…”
State v. Dougherty, 2014 Ohio 4760 (Ohio Ct. App. 2014). · cites it 12× “{¶ 23} Appellant does not dispute that the Wyatt barn contained a methamphetamine lab, which constitutes an act in violation of R.C. 2925.04 or 2925.041. Appellant also does not dispute that Miller's three young children were on the property and within 100 feet of the 1…”
State v. Bailey, 2011 Ohio 6526 (Ohio Ct. App. 2011). · cites it 13× “Specifically, he claims that because he was acquitted of illegally manufacturing methamphetamine, the jury “more likely than not” believed he participated in some sort of illegal assembly in violation of R.”
State v. Davis, 2017 Ohio 495 (Ohio Ct. App. 2017). · cites it 6× “32, a first-degree felony, (2) one count of illegal manufacture of drugs in violation of R.C. 2925.04, a second-degree felony, (3) twenty-three counts of trafficking in cocaine in violation of R.”
State v. Meddock, 2017 Ohio 4414 (Ohio Ct. App. 2017). · cites it 7× “" {¶ 52} He was also convicted of R.C. 2925.041, illegal assembly or possession of chemicals for manufacture of drugs, which provides: "(A) No person shall knowingly assemble or possess one or more chemicals that may be used to manufacture a controlled substance in schedule I or…”
State v. Isaac, 2016 Ohio 7376 (Ohio Ct. App. 2016). · cites it 9× “041(A) and (C)(2) reads, (A) No person shall knowingly assemble or possess one or more chemicals that may be used to manufacture a controlled substance in schedule I or II with the intent to manufacture a controlled substance in schedule I or II in violation of section 2925.04…”
State v. Dent (Slip Opinion), 2020 Ohio 6670 (Ohio 2020). · cites it 2× “The fact that Walker and Dent seemed to know each other and ate sandwiches together does not transform their actions that occurred over a four-hour period into an ongoing participation in the kind of organized-crime syndicate targeted by R.”
Show all 354 citing cases →
— Ohio Rev. Code § 2925.04(A) — 205 cases
State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). “{¶ 4} The Gallia County Grand Jury indicted Marcum on one count of manufacturing methamphetamine in the vicinity of a juvenile in violation of R.C. 2925.04(A), a firsUdegree felony. See R.”
State v. Bevers, 2018 Ohio 4135 (Ohio Ct. App. 2018). “11(A) and (C)(1)(b), and one count of illegal manufacture of methamphetamine, a second degree felony pursuant to R.C. 2925.04(A) and (C)(3)(a). Bevers pleaded guilty to the two offenses, and he argues in this appeal that he did not enter his pleas intelligently, knowingly and…”
State v. Bloomer, 2009 Ohio 2462 (Ohio 2009).
State v. Lester, 2020 Ohio 2988 (Ohio Ct. App. 2020).
State v. Hurt, 2020 Ohio 2754 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2925.04(A)(1) — 3 cases
State v. Woods, 2016 Ohio 4830 (Ohio Ct. App. 2016).
State v. Evans, 2024 Ohio 2101 (Ohio Ct. App. 2024).
State v. Miller, 2014 Ohio 2327 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(A)(3) — 1 case
State v. Meddock, 2017 Ohio 4414 (Ohio Ct. App. 2017). “" {¶ 52} He was also convicted of R.C. 2925.041, illegal assembly or possession of chemicals for manufacture of drugs, which provides: "(A) No person shall knowingly assemble or possess one or more chemicals that may be used to manufacture a controlled substance in schedule I or…”
— Ohio Rev. Code § 2925.04(A)(4) — 1 case
State v. Schwab, 2014 Ohio 336 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(A)(4)(a) — 1 case
State v. Burns, 2012 Ohio 4706 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2925.04(A)(C) — 2 cases
State v. Isenogle, 2022 Ohio 1257 (Ohio Ct. App. 2022). “R.C. 2925.04(A) prohibits the illegal manufacture of drugs, stating that, “[n]o person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.”
State v. Cubic, 2011 Ohio 4990 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2925.04(A)(C)(1)(5) — 2 cases
State v. Smith, 2018 Ohio 3436 (Ohio Ct. App. 2018).
State v. Sothen, 2017 Ohio 8033 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2925.04(A)(C)(2) — 4 cases
State v. Isenogle, 2022 Ohio 1257 (Ohio Ct. App. 2022). “R.C. 2925.04(A) prohibits the illegal manufacture of drugs, stating that, “[n]o person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.”
State v. Ables, 2011 Ohio 5873 (Ohio Ct. App. 2011).
State v. David, 2017 Ohio 1102 (Ohio Ct. App. 2017).
State v. Stevens, 2017 Ohio 8692 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2925.04(A)(C)(2)(f) — 1 case
State v. Stevens, 2017 Ohio 8692 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2925.04(A)(C)(3) — 3 cases
State v. Isenogle, 2022 Ohio 1257 (Ohio Ct. App. 2022). “R.C. 2925.04(A) prohibits the illegal manufacture of drugs, stating that, “[n]o person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance.”
State v. Davis, 2017 Ohio 7572 (Ohio Ct. App. 2017).
State v. Head, 2017 Ohio 7473 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2925.04(A)(C)(3)(a) — 9 cases
State v. Strong, 2013 Ohio 5189 (Ohio Ct. App. 2013).
State v. Holland, 2013 Ohio 904 (Ohio Ct. App. 2013).
State v. David, 2017 Ohio 1102 (Ohio Ct. App. 2017).
State v. Markin, 2014 Ohio 3630 (Ohio Ct. App. 2014).
State v. Weaver, 2018 Ohio 2675 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2925.04(A)(C)(3)(b) — 3 cases
Stae v. Allen, 2018 Ohio 3240 (Ohio Ct. App. 2018).
State v. Dorazio, 2023 Ohio 3126 (Ohio Ct. App. 2023).
State v. Neuroth, 2018 Ohio 905 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2925.04(A)(C)(4) — 2 cases
State v. Leibold, 2013 Ohio 1371 (Ohio Ct. App. 2013).
State v. Haas, 2014 Ohio 5770 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(A)(C)(4)(f) — 1 case
State v. Dalpiaz, 783 N.E.2d 976 (Ohio Ct. App. 2002).
— Ohio Rev. Code § 2925.04(A)(C)(5)(D) — 1 case
State v. Bailey, 2013 Ohio 2852 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2925.04(A)(C)(5)(c) — 3 cases
State v. Saylor, 2019 Ohio 1025 (Ohio Ct. App. 2019).
State v. Inskeep, 2016 Ohio 7098 (Ohio Ct. App. 2016).
State v. Kouns, 2017 Ohio 7497 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2925.04(A)(C)(5)(d) — 5 cases
State v. Inskeep, 2016 Ohio 7098 (Ohio Ct. App. 2016).
State v. Diaz, 2017 Ohio 262 (Ohio Ct. App. 2017).
State v. David, 2017 Ohio 1102 (Ohio Ct. App. 2017).
State v. Laubacher, 2019 Ohio 4271 (Ohio Ct. App. 2019).
State v. Elliott, 2013 Ohio 5753 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2925.04(A)(C)(5)(e) — 2 cases
State v. Little, 918 N.E.2d 230 (Ohio Ct. App. 2009).
Dunlap v. Warden, Belmont Corr. Inst. (S.D. Ohio 2024).
— Ohio Rev. Code § 2925.04(A)(C)(5)(f) — 8 cases
State v. Vu, 2012 Ohio 746 (Ohio Ct. App. 2012).
State v. Vu, 2012 Ohio 2002 (Ohio Ct. App. 2012).
State v. Stevens, 2017 Ohio 8692 (Ohio Ct. App. 2017).
State v. Hill, 2018 Ohio 3901 (Ohio Ct. App. 2018).
State v. Hill, 2019 Ohio 1606 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2925.04(A)(c)(3) — 1 case
State v. Lynch, 2014 Ohio 1775 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(A)(c)(3)(a) — 1 case
State v. Lynch, 2014 Ohio 1775 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(C) — 1 case
State v. Spradlin, 933 N.E.2d 1131 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2925.04(C)(1) — 1 case
State v. Gierhart, 2014 Ohio 1419 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(C)(2) — 2 cases
State v. Couch, 2016 Ohio 8452 (Ohio Ct. App. 2016).
State v. Caudill, 2018 Ohio 550 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2925.04(C)(2)(b) — 2 cases
State v. Arrendondo, 2023 Ohio 491 (Ohio Ct. App. 2023).
State v. Smith, 2014 Ohio 2604 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(C)(3) — 2 cases
State v. Maust, 2016 Ohio 3171 (Ohio Ct. App. 2016). “04 governs the crime of illegal manufacture of drugs and provides in relevant part that “[n]o person shall * * * knowingly manufacture or otherwise engage in any part of the production of a controlled substance.” {¶35} Maust first argues that the state’s evidence of his…”
State v. Greer, 2014 Ohio 2174 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(C)(3)(a) — 5 cases
State v. Bevers, 2018 Ohio 4135 (Ohio Ct. App. 2018). “11(A) and (C)(1)(b), and one count of illegal manufacture of methamphetamine, a second degree felony pursuant to R.C. 2925.04(A) and (C)(3)(a). Bevers pleaded guilty to the two offenses, and he argues in this appeal that he did not enter his pleas intelligently, knowingly and…”
State v. Scoggins, 2017 Ohio 8989 (Ohio Ct. App. 2017). “041 of the Revised Code that is the basis for the violation of this division. (Emphasis added.) {¶92} The plain language of R.”
State v. Gilmore, 2016 Ohio 2654 (Ohio Ct. App. 2016).
State v. Eader, 2013 Ohio 3709 (Ohio Ct. App. 2013).
State v. Russell, 2016 Ohio 5290 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2925.04(C)(3)(b) — 10 cases
State v. Marcum (Slip Opinion), 2016 Ohio 1002 (Ohio 2016). “{¶ 4} The Gallia County Grand Jury indicted Marcum on one count of manufacturing methamphetamine in the vicinity of a juvenile in violation of R.C. 2925.04(A), a firsUdegree felony. See R.”
State v. Scoggins, 2017 Ohio 8989 (Ohio Ct. App. 2017). “041 of the Revised Code that is the basis for the violation of this division. (Emphasis added.) {¶92} The plain language of R.”
State v. Miller, 2017 Ohio 2801 (Ohio Ct. App. 2017).
State v. Dillard, 2014 Ohio 4974 (Ohio Ct. App. 2014).
State v. Highfield, 2014 Ohio 165 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2925.04(C)(4) — 1 case
State v. Caudill, 2018 Ohio 550 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2925.04(C)(4)(g) — 1 case
State v. Chandler, 846 N.E.2d 1234 (Ohio 2006).
— Ohio Rev. Code § 2925.04(D) — 1 case
Robinson v. Fender, 2020 Ohio 983 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2925.04(D)(1) — 3 cases
State v. White, 2013 Ohio 2058 (Ohio Ct. App. 2013).
State v. Eader, 2013 Ohio 3709 (Ohio Ct. App. 2013).
State v. Tran, 2012 Ohio 2980 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2925.04(E) — 1 case
State v. Willan, 2011 Ohio 6603 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2925.04(F) — 4 cases
State v. Smith, 2015 Ohio 2977 (Ohio Ct. App. 2015).
State v. Curtis, 2021 Ohio 1145 (Ohio Ct. App. 2021).
State v. Curtis, 2019 Ohio 1108 (Ohio Ct. App. 2019).
State v. Miller, 2012 Ohio 5280 (Ohio Ct. App. 2012).
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