What Penalties Can I Face for Drug Possession in Ohio?

 Posted on September 07, 2021 in Criminal Defense

While a person can face serious penalties for any type of criminal charges, cases involving controlled substances will often lead to some of the most serious consequences. A conviction for drug possession can lead to large fines and a lengthy prison sentence, and a person may also face other consequences, such as probation and the requirement to receive substance abuse treatment and take regular drug tests. Those who have been accused of drug-related offenses can work with a criminal defense attorney to determine their best options for avoiding or minimizing their potential penalties.

Possession of Controlled Substances in Ohio

A person may be charged with drug possession if they are accused of knowingly obtaining, possessing, or using a controlled substance without legal authorization (such as a prescription for a medication). Controlled substances are grouped into five “schedules” based on whether drugs are considered to be dangerous and addictive and whether they have any accepted medical uses. Schedule I drugs are generally the most addictive substances, while drugs in Schedules II-V may be used for medical purposes in some situations.

Possession of substances in Schedule I or II, with the exception of heroin, cocaine, LSD, marijuana, fentanyl, or hashish, is considered to be aggravated possession of drugs. The minimum charge for this offense is a fifth-degree felony, and a conviction may result in a prison sentence of between six months and one year, although first-time offenders may qualify for community control sanctions such as probation. However, if a person was accused of possessing at least the “bulk amount” of a drug, they may be charged with a third-degree felony, and a conviction can result in a prison sentence of between nine months and three years. Bulk amounts will vary depending on the type of drug. For example, the bulk amount of Schedule 1 opiates is 10 grams or 25 doses, while the bulk amount of Schedule II hallucinogens is 30 grams or 10 doses.

Charges for possession of other drugs include:

• Heroin - A minimum fifth-degree felony. Possession of one to five grams is a fourth-degree felony, possession of five to 10 grams is a third-degree felony, possession of 10 to 50 grams is a second-degree felony, and possession of more than 50 grams is a first-degree felony.

• Cocaine - A minimum fifth-degree felony. Possession of five to 10 grams is a fourth-degree felony, possession of 10 to 20 grams is a third-degree felony, possession of 20 to 27 grams is a second-degree felony, and possession of more than 27 grams is a first-degree felony.

• LSD - A minimum fifth-degree felony. Possession of 10 to 50 doses is a fourth-degree felony, possession of 50 to 250 doses is a third-degree felony, possession of 250 to 1,000 doses is a second-degree felony, and possession of more than 1,000 doses is a first-degree felony.

• Marijuana - Possession of less than 100 grams is a minor misdemeanor, and a person will not face a prison sentence. Possession of 100 to 200 grams is a fourth-degree misdemeanor, and a conviction can result in a prison sentence of up to 30 days. Possession of 200 to 1,000 grams is a fifth-degree felony, possession of 1,000 to 5,000 grams is a fourth-degree felony, possession of 5,000 to 20,000 grams is a third-degree felony, and possession of more than 20,000 grams is a second-degree felony.

Contact Our Medina County Drug Possession Defense Attorney

If you are facing charges of drug possession or other offenses involving controlled substances, The Law Office of Whitney K.S. Miller, LLC can help you determine your best options for defense. Contact our Wadsworth drug crimes defense lawyer today at 330-725-4114. We offer free consultations in most cases.

Sources:

https://codes.ohio.gov/ohio-revised-code/section-2925.11

https://codes.ohio.gov/ohio-revised-code/section-2925.01

https://codes.ohio.gov/ohio-revised-code/section-2929.13