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Ohio Laws on Drug Possession, Trafficking and Distribution
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Ohio Drug Laws: Possession, Trafficking and Distribution
Drug laws in Ohio classify controlled substances into five schedules, with penalties depending on the type and amount of drug involved. This article provides an overview of Ohio’s laws on drug possession, trafficking, and distribution.
Possession of Drugs
Possession of controlled substances is illegal in Ohio under Ohio Revised Code Section 2925.11. The penalties vary based on:
- The type of drug (schedules I-V)
- The amount possessed
- Location (e.g. near a school)
- Prior drug convictions
Possession can be a misdemeanor or felony depending on the circumstances.
Marijuana Possession
- Less than 100 grams – minor misdemeanor
- 100-200 grams – 4th degree misdemeanor
- 200 grams – 1,000 grams – 5th degree felony
- 1,000 – 20,000 grams – 3rd degree felony
- 20,000 – 40,000 grams – 2nd degree felony
- Over 40,000 grams – 1st degree felony
Ohio has decriminalized marijuana for minor possession under 100 grams. First offenders will receive a $150 fine with no jail time. However, greater amounts can still lead to criminal charges.
Heroin Possession
Heroin possession penalties depend on the number of doses or weight:
- Less than 10 doses/1 gram – 5th degree felony
- 10-49 doses/1-4 grams – 4th degree felony
- 50-99 doses/5-9 grams – 3rd degree felony
- 100-499 doses/10-49 grams – 2nd degree felony
- 500-999 doses/50-99 grams – 1st degree felony
- 1,000+ doses/100+ grams – 1st degree felony + major drug offender
Cocaine Possession
Cocaine possession in Ohio is based on the weight of the drug:
- Less than 5 grams – 5th degree felony
- 5-10 grams – 4th degree felony
- 10-20 grams – 3rd degree felony
- 20-27 grams – 2nd degree felony
- 27-100 grams – 1st degree felony
- 100+ grams – 1st degree felony + major drug offender
Other Drugs (Schedules III-V)
Possession of Schedule III-V drugs like prescription medications can lead to misdemeanor or felony charges depending on the amount. Possessing over 5 times the bulk amount becomes a 3rd degree felony.
Aggravated Possession
Possessing Schedule I and II drugs (excluding marijuana, heroin and cocaine) is considered “aggravated possession” under Section 2925.11. This carries harsher penalties, especially if near a school or juvenile.
Trafficking and Distribution
Selling or distributing drugs is illegal in Ohio under Section 2925.03. Trafficking marijuana, heroin, cocaine and LSD are distinct from other Schedule I-II drugs.
Marijuana Trafficking
- Less than 200 grams – 5th degree felony
- 200-1,000 grams – 4th degree felony
- 1,000-20,000 grams – 3rd degree felony
- 20,000-40,000 grams – 2nd degree felony
- Over 40,000 grams – 1st degree felony
Heroin Trafficking
- Less than 10 doses/1 gram – 5th degree felony
- 10-50 doses/1-5 grams – 4th degree felony
- 50-100 doses/5-10 grams – 3rd degree felony
- 100-500 doses/10-50 grams – 2nd degree felony
- 500-1,000 doses/50-100 grams – 1st degree felony
- Over 1,000 doses/100 grams – 1st degree felony + major drug offender
Cocaine Trafficking
- Less than 5 grams – 5th degree felony
- 5-10 grams – 4th degree felony
- 10-20 grams – 3rd degree felony
- 20-27 grams – 2nd degree felony
- 27-100 grams – 1st degree felony
- Over 100 grams – 1st degree felony + major drug offender
Other Schedule I-II Drugs
Trafficking other Schedule I-II drugs like methamphetamine depends on the amount and location:
- Less than bulk amount – 5th degree felony
- Bulk amount – 4th degree felony
- 5-50 times bulk amount – 3rd degree felony
- 50-100 times bulk amount – 1st degree felony
- Over 100 times bulk amount – 1st degree felony + major drug offender
Penalties are enhanced if near a school or juvenile.
Schedule III-V Drugs
- Less than bulk amount – 5th degree felony
- Bulk amount – 4th degree felony
- 5-50 times bulk amount – 3rd degree felony
- 50-100 times bulk amount – 1st degree felony
- Over 100 times bulk amount – 1st degree felony + major drug offender
Defenses
There are several legal defenses that may apply in Ohio drug possession and trafficking cases:
- Invalid search: Evidence may be suppressed if obtained through an unlawful search without probable cause or a warrant.
- No possession: The drugs belonged to someone else without your knowledge.
- Medical use: You have a valid prescription for the medication.
- Entrapment: Law enforcement induced you to commit a crime you otherwise wouldn’t.
An experienced criminal defense lawyer can evaluate the details of your case and advise you on the best defense strategies.
Penalties
Felony drug convictions in Ohio carry these sentencing ranges:
- 1st degree felony: 3-11 years in prison, up to $20,000 fine
- 2nd degree felony: 2-8 years in prison, up to $15,000 fine
- 3rd degree felony: 1-5 years in prison, up to $10,000 fine
- 4th degree felony: 6-18 months in prison, up to $5,000 fine
- 5th degree felony: 6-12 months in prison, up to $2,500 fine
Other consequences may include driver’s license suspension and difficulties finding employment. Those convicted of drug trafficking may also face asset forfeiture.
Getting Legal Help
Drug charges should not be taken lightly in Ohio. The penalties can be severe depending on the circumstances. Having an experienced criminal defense lawyer on your side can help minimize penalties and avoid conviction altogether in some cases. Be sure to exercise your rights and consult an attorney if facing drug possession or trafficking charges.