What You Should Know About Ohio Drug Possession Laws Ohio drug possession laws is codified by Ohio Revised Code Section 2925.11 and it indicates that the definition of possession of controlled substances as “knowingly obtaining, possessing, or using a controlled substance”. Ohio drug laws classify controlled substances into five “schedules.” These schedules range from the most serious (Schedule I) to the least serious (Schedule V). Possession of more serious drugs carry more severe penalties, while the penalties for possessing less serious drugs are not as harsh. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. Ohio Drug Laws on Controlled Substances Ohio drug laws follow federal classifications of controlled substances into five “schedules”: Schedule I. Schedule I drugs are those that have a high potential for abuse and have no accepted medical uses. Examples of Schedule I drugs include heroin, LSD, and marijuana. Although now the Ohio Legislature has enacted laws providing for medical use of marijuana with an approved license. Schedule II. Schedule II drugs are drugs with a high potential for abuse but with limited accepted medical uses. These drugs are considered dangerous and can lead to severe mental and physical dependence. Cocaine, methamphetamine, oxycodone, and fentanyl are some examples of Schedule II drugs. Schedule III. Schedule III drugs are drugs with a moderate to low potential for abuse or dependence and have accepted medical uses. Ketamine and anabolic steroids are examples of Schedule III drugs. Schedule IV. Schedule IV drugs have a low potential for abuse or dependence. These drugs also have known medical uses. For example, Xanax, Valium, and Ambien are Schedule IV drugs. Schedule V. Schedule V drugs have the least potential for abuse and the most common medical uses. Antidiarrheal and cough suppressants are examples of Schedule V drugs. Whether a drug is a Schedule I or II controlled substance or a Schedule III, IV, or V controlled substance is important for criminal charges, penalties, and sentencing. Ohio Penalties for Possessing Controlled Substances Penalties for possession of controlled substances depend on factors such as the type and the amount of the substance. For example, possession is more severely punished when it involves possession of Schedule I and Schedule II controlled substances. The penalties for possessing a controlled substance also depend on how much of the substance the accused possessed. Some controlled substances, including marijuana, LSD, heroin, and cocaine, are measured by weight. Other controlled substances are measured by what Ohio drug laws call a bulk amount. Each controlled substance is assigned a bulk amount by statute. Penalties depend on whether the defendant possessed less or more than the bulk amount. Note that possession is not a crime if the person has a valid prescription for the controlled substance. Many controlled substances, particularly Schedule III, IV, and V controlled substances, have accepted medical uses. Possessing a controlled substance without a valid prescription, however, can lead to misdemeanor or felony possession charges. Possession of Controlled Substances in Ohio Possession of most Schedule I or II controlled substances is aggravated possession of drugs under Ohio drug laws. However, possession of some Schedule I and II drugs will not result in aggravated possession charges. These drugs include, for example, marijuana, heroin, cocaine, and LSD. Aggravated possession of drugs is a felony but can vary in degree based on the amount in possession: Less than bulk amount is a fifth-degree felony. Bulk amount or more, but less than five times the bulk amount, is a third-degree felony. Five times the bulk amount or more, but less than 50 times the bulk amount, is a second-degree felony. 50 times the bulk amount or more, but less than 100 times the bulk amount, is a first-degree felony. 100 times the bulk amount or more is a first-degree felony. A person in possession of a Schedule III, IV, or V controlled substance may be charged with possession of drugs under Ohio drug possession laws. Possession of drugs can result in a first-degree misdemeanor charge or a felony of the fifth, fourth, second, or first degree depending on how much of the substance was in the defendant’s possession. Less than bulk amount is a first-degree misdemeanor. Bulk amount or more, but less than five times the bulk amount, is a fourth-degree felony. Five times the bulk amount or more, but less than 50 times the bulk amount, is a third-degree felony. Fifty times the bulk amount or more is a second-degree felony. Regardless of the schedule of the controlled substance, the offense (as determined by bulk amount or weight) ordinarily carries the same penalty. Sentences for Violating Ohio Drug Possession Laws Ohio law supplies suggested sentencing, but the penalties can vary depending on the particular facts and circumstances of each case: A first-degree misdemeanor is punishable by a fine of up to $1,000 and 180 days in jail. A fifth-degree felony carries a maximum fine of $2,500 and between six and 12 months in prison. A fourth-degree felony may result in a fine of up to $5,000 and a prison sentence between six and 18 months. A third-degree felony is punishable by a fine up to $10,000 and between one to five years in prison. A second-degree felony may result in a fine of up to $15,000 and a prison sentence of between two and eight years. A first-degree felony may involve a maximum $20,000 fine and between three and 11 years in prison. If the quantity is extremly large, a person may be labled as a major drug offender (MDO) and the penalty would include a mandatory minimum sentence of 11 years. The sentences listed here are the penalties suggested by Ohio law. Sentences imposed in a possession case may deviate from these guidelines. Because criminal sentencing depends on the circumstances, speak with an experienced attorney about the specifics of your case. Contact an Ohio Criminal Defense Attorney If you have been arrested or are under investigation for possession of a controlled substance, turn to the defense...
Read More