ohio drug cultivation

Growing marijuana in your home is illegal in Ohio. Even though other states are relaxing their marijuana use and possession laws, the Ohio drug cultivation laws remain very strict. So if you get arrested for drug cultivation, meaning that you were caught growing marijuana for personal use or selling it to others—that arrest can create significant legal problems for you.  Would you know where to turn for help if you are charged with growing marijuana in Ohio? Such accusations mean that you need experienced, skilled, and successful attorneys who can help you avoid the consequences of a marijuana cultivation conviction. Gounaris Abboud, LPA’s drug charge defense lawyers can give you the edge you need for a successful outcome in your case. Our criminal defense lawyers received some of Ohio’s most prestigious awards for their exemplary legal skill and dedication to their clients.  What Are Ohio’s Marijuana Growing Laws? Ohio law says that no person shall cultivate marijuana or manufacture or produce a controlled substance. The law is clear. However, you might wonder exactly what drug cultivation means in Ohio.  You can find the definition of cultivation in Section 2925.01(F) of the Ohio Revised Code. Illegal cultivation of marijuana refers to planting, watering, fertilizing, or tilling marijuana plants and seedlings. It doesn’t matter how many plants you grow. Remarkably, even growing one plant can land you in jail in Ohio.  What Is the Penalty in Ohio for Growing Marijuana? The penalty you face depends on the amount of marijuana you grow. Also, if you grow the plant within the vicinity of a school, the severity of the charge rises one degree. Growing marijuana is a minor misdemeanor if you have less than 100 grams. You would pay a $150 fine unless it is in the vicinity of a school. In that case, the crime rises to a fourth-degree misdemeanor which could land you in jail for up to 30 days.  Cultivating more than 100 grams but less than 200 grams is also a fourth-degree misdemeanor. But if you are caught growing that amount near a school, that charge rises to a third-degree misdemeanor, and you could go to jail for up to 60 days. Felony Charges for Cultivating Marijuana  Cultivating over 200 grams of marijuana is a felony. If you have between 200 grams and 1 kilogram, then you could get 6-12 months in prison for a fifth-degree felony offense. However, you could go to prison for up to 18 months for a fourth-degree felony if you committed the same act near a school. You face a third-degree felony carrying between one and five years in prison if you cultivate one to five kilograms of marijuana. However, your charges rise to second-degree felonies if you are in the vicinity of a school—and this can send you to prison for two to eight years.  Cultivating 5-20 kilograms of marijuana is a third-degree felony that carries a rebuttable presumption favoring incarceration that lasts one to five years. This violation near a school increases the charge to a second-degree felony with a rebuttable presumption in favor of imposing a prison sentence of two to eight years.  If you are guilty of cultivating more than 20 kilograms of marijuana, then you face a mandatory sentence of eight years. This mandatory penalty increases to 10 years if you are near a school. Do I Have Any Defenses? You might have any number of defenses available to you. Having a frank conversation with an experienced Ohio drug defense lawyer can help you determine which course of action you should take. For example, you can potentially: Challenge the conduct of the police if they violated your rights; Contest the evidence against you at trial because the state cannot prove you were the person cultivating marijuana; or Attempt to negotiate a lesser sentence in exchange for a guilty plea. Some defenses might work better than others, depending on your case. However, the only way you will know is if you speak with a lawyer from Gounaris Abboud, LPA, who has vast experience in Ohio defending marijuana cultivation cases. Ohio’s marijuana cultivation statute gives you another possible defense. Under Section 2925.04(F), you can knock your charge down from a fifth-degree felony to a misdemeanor if you can show that the gross weight of the marijuana you’re charged with does not reflect pure marijuana.  In other words, the law allows you to present evidence that the substances found are a mixture of substances, some of which are not drugs. For example, you might argue that drug analysis shows that you mixed a legal substance like oregano with marijuana. For this to work, you have to show that it’s more likely than not that the police found a mixture that contained some legal substances. If you successfully challenge the weight of the marijuana, you might get your charges lowered to a misdemeanor.  Why Is a Misdemeanor Conviction for Cultivation Beneficial in Some Cases? Ohio law says that an arrest or conviction for a minor misdemeanor conviction does not give you a criminal record. That means you don’t have to tell a potential employer, educational institution, license application, or other inquiry into your criminal history that you’ve been arrested or convicted.  What Are the Growing Medical Marijuana Laws in Ohio? There is one legal way to grow marijuana in Ohio. You have to obtain a license from the state to cultivate marijuana. People who have medical marijuana cards in Ohio cannot grow their own marijuana—they can only buy it from a licensed facility. Gounaris Abboud, LPA: Award-Winning Marijuana Cultivation Defense Lawyers When you need help, turn to Gounaris Abboud. Contact us by calling 937-222-1515 today. When you ask for help, our experienced lawyers will prepare the strongest case possible for you. Our attorneys have received numerous awards, including placement in the Top 50 Cincinnati Super Lawyers list and Top 100 in all of Ohio. In 2021, we continued our streak of landing on the Ohio Super Lawyers list for the 10th consecutive year. 

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DUI OVI for driving on prescription drugs

People often ask us, How can you get a DUI/OVI for prescription drugs?  The next question you might ask is, How can I have a DUI/OVI for prescription drugs if I took them according to my doctor’s orders?  The answer is simple. In Ohio, you can get a DUI / OVI for prescription drugs if you drive while under the influence and despite taking your medication as prescribed. At Gounaris Abboud, LPA, we understand your frustration with Ohio’s OVI law. Our experienced DUI prescription drugs defense lawyers have fought for our clients successfully in hundreds of OVI cases. Contact our firm today to learn more about how we can help you. What Is the Ohio Prescription Drug OVI Law? Driving under the influence (DUI) and operating a vehicle while intoxicated (OVI) mean the same thing under Section 4511.19 of the Ohio Revised Code. In the pertinent part, Section 4511.19 says that no person shall operate a motor vehicle while under the influence of alcohol, drugs, or both.  In Ohio, there are two ways a person could be convicted of OVI. The first is driving under the influence of alcohol, drugs, or both. The second is driving with an illegal amount of alcohol, drugs, or a combination of the two in your system. This is called the “per se” law. However, most people call it, “the legal limit.” Driving Under the Influence Under the first theory of OVI, the police must rely on their observations to determine if someone is driving under the influence. For instance, an officer will note: How the person is driving; Whether the person is alert and awake or drowsy; The presence or absence of the smell of alcohol; If the driver could locate documents easily like a driver’s license or proof of insurance; Whether the driver caused a crash; Witness statements; The driver’s ability to follow directions;  The driver’s admission to drinking alcohol, taking drugs, or both; and  The driver’s performance on field sobriety tests. All these factors play a role in determining whether a driver is under the influence.  How Can the Police Tell If Someone is Under the Influence of Prescription Drugs? Ohio’s implied consent law mandates that a person who is arrested for OVI has to take a chemical test. The chemical test could be a breathalyzer, whole blood test, plasma blood test, or urinalysis. Breathalyzer tests help officers figure out if someone is under the influence of alcohol. However, a breathalyzer test might only tell part of the story. As a result, Ohio law allows testing of a person’s whole blood or blood plasma to see if the person has alcohol, certain illegal drugs, or illegal drug metabolites in their system. (A drug metabolite is a chemical the body produces after taking certain drugs.) Conversely, there is no DUI blood test for prescription drugs in Ohio.  A urine test might yield evidence of a prescription drug. However, Section 4511.19 makes no reference to a per se limit of prescription drugs, unlike alcohol and other drugs of abuse. As a result, a judge might not accept urinalysis as “per se” evidence in a prescription drugs OVI prosecution.  The police can use their observations and chemical test results to prove DUI of prescription drugs. For example, suppose police pull over a person for weaving all over the road. The driver might be sleepy, incoherent, and have trouble with field sobriety tests. The officer might have to determine whether the person is just tired or has consumed something that impairs their ability to drive. The officer might send the driver for a blood test after an arrest to see if the person has alcohol and drugs in their system. Test results could show a combination of substances that could prove the driver was under the influence.  How to Fight a DUI Charge for Prescription Drugs Section 4511.19(k) indicates that a person who takes certain drugs according to the dose prescribed by their doctor cannot face prosecution for OVI drugs. Experienced and skilled DUI prescription drugs defense attorneys understand how to attack a OVI drugs case to give their clients the best chance to avoid a conviction. Every case is different. The best defense for you depends on the individual facts of your case. Notwithstanding, our OVI defense lawyers have handled numerous cases successfully by: Arguing the police violated your rights; Contesting expert evidence to show that a jury will be confused by it or the expert is testifying to junk science; Convincing a jury or judge that the prosecution did not prove its case beyond a reasonable doubt; or Entering plea negotiations with the prosecutor to minimize your legal liability. Talking with a knowledgeable OVI defense lawyer immediately can help you determine your best course of action.  Call Gounaris Abboud, LPA, Today for More Information About How Can You Get a DUI for Prescription Drugs Remember that a conviction for OVI requires at least three days in jail, fines, fees, and mandatory license loss. In this difficult situation, experience matters. You can count on the award-winning and AVVO top-rated OVI defense lawyers from Gounaris Abboud, LPA to give you the best chance of obtaining a favorable result. Contact us at 937-222-1515 to talk with our Ohio SuperLawyers today. 

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transporting marijuana across state lines

Prescriptions for medical marijuana help numerous people who suffer from chronic pain and illness. Recognizing the potential health benefits for patients, Ohio joined dozens of other states when it allowed physicians to prescribe marijuana for their patients. However, Ohio has strict rules for using and purchasing medical marijuana. As a result, transporting marijuana across state lines remains illegal, even if you have a valid prescription. Ohio’s drug laws are some of the toughest in the nation. If you face charges for transporting marijuana across state lines, you will need a tough and aggressive lawyer to fight on your behalf. The drug defense lawyers with Gounaris Abboud, LPA., have the knowledge and experience you need to give you the best chance at avoiding the life-altering consequences of a conviction. Why Can’t You Bring Medical Marijuana Across State Lines? Ohio’s medical marijuana legislation is an exception to the general rule that prohibits possession of drugs. Ohio still recognizes marijuana as a controlled substance. As a result, the state heavily regulates the distribution and possession of medical marijuana.  Having a prescription for medical marijuana in Ohio does not allow you to possess an unlimited quantity of marijuana. Additionally, having a prescription for medical marijuana does not allow you to sell it, give it away, distribute, or possess more than a 90-day supply. Caregivers of people who have medical marijuana prescriptions and workers in licensed dispensaries are the only people allowed by law to distribute marijuana. Moreover, you cannot grow your own marijuana despite having a valid medical marijuana prescription.  Ohio does not recognize marijuana cards issued by other states. Similarly, many other states do not recognize an Ohio marijuana card as valid to purchase medical marijuana in that state. Notwithstanding, some states allow people 21-years-of-age and older to purchase recreational marijuana.  The strict limitations Ohio law imposes on people who have marijuana prescriptions means that transporting marijuana across state lines is illegal. Accordingly, obtaining medical marijuana in Ohio and bringing it with you to another state is illegal. Additionally, buying marijuana in another state and bringing it into Ohio is also illegal, even if you bought it legally in that state. The only marijuana you can lawfully possess in Ohio is the marijuana you buy with a valid prescription in Ohio from a licensed distributor.  What Is the Penalty for Transporting Marijuana Across State Lines? Ohio drug laws carry stiff penalties, although the law treats marijuana differently than other types of narcotics. Possessing less than 100 grams of marijuana is a minor misdemeanor. The maximum penalty for a minor misdemeanor is a $150 fine. Possession of marijuana becomes a more serious offense as the weight of the drug increases. The penalties increase incrementally as follows: Possession of more than 100 grams but less than 200 grams is a fourth-degree misdemeanor. A fourth-degree misdemeanor carries a potential maximum jail sentence of up to 30 days; Possessing between 200 grams and 1,000 grams is a fifth-degree felony, which carries between 6 to 12 months of imprisonment;  Possessing 1,000 grams but less than 20,000 grams is a third-degree felony that carries a punishment of nine months to five years of incarceration; Possession of 20,000 to 40,000 grams of marijuana is a second-degree felony that carries between five and eight years of incarceration.  More than 40,000 grams of marijuana is a second-degree felony. The penalty under Ohio law for a second-degree felony is a minimum of eight years in prison.  Please note that varying fines may also accompany these penalties.  Also, selling, transporting, or delivering drugs to another person violates Ohio’s drug trafficking law. The penalties for trafficking are much greater than those listed above for simple possession. Aggravating circumstances such as subsequent offenses or possessing a firearm can also add years to your sentence.  Delivering marijuana across state lines is a federal crime. Also, possession and distribution of marijuana are crimes under federal law. However, federal marijuana trafficking charges apply when someone has 100 kilograms or more of marijuana or 100 plants. That charge carries a five-year minimum mandatory sentence under federal law.  Are There Any Defenses for Transporting Marijuana Across State Lines? An experienced and skilled Ohio drug defense attorney can help you plan a specific defense for your case. Although each case is as different as the people involved, there are common defense tactics that can be helpful. For example, you can contest the legality of the police action by filing a motion to suppress. This type of motion asks the judge to throw out evidence police found as a result of violating your search and seizure rights. Additionally, you can ask a judge to throw out any statements you made if the police failed to read your Miranda rights to you. Also, you can ask a judge to dismiss the charges against you for lack of evidence. You always have the right to contest the allegations against you at a trial. You have the right to declare your innocence and force the state to prove the case against you beyond a reasonable doubt. Depending on the case, the prosecution might not have enough evidence to prove you possessed the marijuana seized by police.  You can enter plea negotiations with the prosecution as well. Depending on the facts, your prior criminal history, and other factors, you might be able to convince the prosecution to offer you an advantageous plea bargain. If the prosecution does not make you an acceptable offer, then your lawyer can try to persuade the judge to grant you a lighter sentence.  Call Gounaris Abboud, LPA., Today to Learn How We Can Help Preserve Your Freedom Attitudes regarding marijuana are slowly charging. However, you face serious consequences if you have a conviction for transporting marijuana across state lines. Take a stand right away to defend your freedom. Just because you were charged does not mean that you are guilty. At Gounaris Abboud, LPA., our award-winning drug defense lawyers have decades of experience defending the rights of people just like you. Through...

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marijuana by mail

We can get nearly anything we want these days by looking it up online and having it shipped to us. Especially since the onset of the COVID-19 pandemic, we’ve had meals, groceries, and a whole host of other goods delivered right to our door. It seems like there are very few things left that we cannot order online and get in the mail.   Mail order marijuana is a different story. Federal law prohibits sending marijuana through the mail. As a result, you can face substantial penalties for shipping marijuana by mail to yourself or anyone else. Additionally, Ohio state law prohibits possession of any amount of marijuana even if you bought it from a legal distributor in another state, including edibles and any product containing THC. If you face criminal charges for buying or sending marijuana by mail, then you need a tough, dedicated defense lawyer who knows how to win. The Ohio drug crime lawyers from Gounaris Abboud, LPA., have built a solid reputation for winning tough drug cases in state and federal courts. You can count on them to deliver the best result possible for you.  Can You Mail Marijuana? At this time, 18 states and the District of Columbia have relaxed their stance on recreational marijuana consumption. Additionally, another 18 states passed medical marijuana legislation allowing dispensaries to distribute marijuana to people who have a valid prescription. Ohio does not permit the recreational use of marijuana.  You can travel to a state that legalized the sale of recreational marijuana products and purchase them in person, even if you live in Ohio. However, you will have to consume them in the state where you bought them because you cannot legally bring them home. As stated, Ohio law prohibits bringing marijuana into the state, even if you bought it legally in another state. If you try to do so, you could face criminal penalties. The penalties for marijuana possession vary depending on the weight of the drug under Ohio law. The range of penalties for marijuana possession include: Less than 100g is a minor misdemeanor; Between 100g and 200g is a fourth-degree misdemeanor; Between 200g and 1,000g is a fifth-degree felony; Between 1,000g and 5,000g is a third-degree felony; Between 5,000g to 20,000g is a third-degree felony with the presumption of incarceration; Between 20,000 and 40,000 is a second-degree felony punishable by incarceration for five, six, or seven years; and More than 40,000g is a second-degree felony punishable by an eight-year mandatory minimum prison sentence.  You could also face a drug trafficking charge for selling or shipping marijuana, even if you bought it legally in another state. Can I Buy Mail Order Marijuana Online with Worldwide Shipping? The Drug Enforcement Administration (DEA), which often enlists the help of state and local law enforcement officers, keeps a close eye on the mail for drug shipments. Agents monitor the mail for suspicious packages and perhaps even use tips from informants to intercept mail order marijuana shipments. The DEA watches drug shipments sent by people using the USPS as well as private carriers like UPS and FedEx. When law enforcement agents get a tip that a package might contain marijuana, they may get a search warrant to open the package or have a drug-dog “hit” on the shipment. The agents will track the package to its destination. At that time, they might choose to take down the person receiving the package immediately upon delivery or get a search warrant. Usually, the agents will arrest the person who received the shipment and try to build a case against that person while trying to find out who sent it. That’s why it’s dangerous to use a marijuana mail order delivery service. Similarly, you are taking a tremendous risk if you ship marijuana even though you bought it legally. Like state law, the penalties you can face in federal court increase dramatically as the amount of marijuana increases.  What Should I Do If Police Suspect I Bought Mail Order Marijuana? Federal agents know how to pressure people into talking. Remember that you never have to answer any questions police—including federal agents—ask you. If they want to talk to you, then you should ask for a lawyer right away. With the help of an experienced attorney, you can decide if it’s in your best interest to talk to law enforcement. It’s always best to remain silent until you’ve had a chance to obtain legal advice. Federal authorities are always looking to land the bigger fish. They may try to get you to give up your supplier. Even if you invoke your rights to remain silent, federal prosecutors might give you a proffer letter. This is a tactic they frequently use to get people to provide evidence against others. But you should not try to take on the federal government alone. In this situation, you need a lawyer who has extensive experience representing people facing federal drug crimes. Without one, you could accidentally incriminate yourself in a drug conspiracy that sends you to federal prison.  Get Help with Your Mail Order Marijuana Charges Today! You are not automatically guilty because the police claim you received or shipped a package containing marijuana. You have valuable rights, and the experienced drug crimes lawyers with Gounaris Abboud, LPA., will fight to protect them. The drug crimes lawyers with Gounaris Abboud, LPA., have received numerous accolades over the last decade. Owing to their unparalleled representation, legal skills, and documented track record of results, Gounaris Abboud, LPA., has earned a reputation for excellence. Contact us online or by calling 937-222-1515 today to learn what they can do for you. 

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is cbd oil legal ohio

Short Answer: Yes, CDB oil is legal in Ohio.  Long Answer: For CBD oil to be legal in Ohio, It must come from a legal source of CBD.  The federal government exempted industrial hemp from its definition of marijuana in the 2018 Farm Bill. Therefore, CBD oil made by a hemp manufacturer licensed in a state with an approved regulatory program is legal. However, the federal government has not yet approved the use of CBD in any dietary supplement or food. The Ohio legislature created its legal hemp program in 2019. As part of the program, Ohio legalized CBD and cosmetics, personal care products, dietary supplements, and food made from hemp.  Under either rule, “hemp” means the plant Cannabis sativa L (cannabis) that tests below a 0.3% total delta-9 tetrahydrocannabinol (THC) concentration. THC is the psychoactive compound found in the cannabis plant. If the plant tests higher than 0.3% THC, it is marijuana. Marijuana remains a Schedule I drug under federal and state law.  The Ohio Bureau of Criminal Investigation’s crime labs can test and distinguish between hemp and marijuana. Private labs can also distinguish between legal and illegal plants and products. If you’ve been arrested with CBD oil in Ohio, don’t hesitate to contact us at Gounaris Abboud, LPA. Our experienced criminal defense attorneys understand the legal distinctions and can help you fight any criminal charges you may face. What Is CBD Oil? “Cannabidiol,” known as CBD, is one of many chemical compounds (called phytocannabinoids) found in the cannabis plant. Both THC and CBD naturally occur in the cannabis plant. Licensed hemp farmers use varieties of the cannabis plant that will develop up to 40% CBD and less than 0.03% THC. Unlike THC, CBD is non-intoxicating.  To make CBD oil, the manufacturer extracts the CBD from the cannabis flower using a mechanical or solvent-based extraction process, similar to making essential oils. Then the manufacturer adds the CBD extract to a carrier oil, such as grapeseed or hempseed oil. Before a store can sell CBD oil, the manufacturer must test it for both CBD and THC concentrations. Additionally, if sold in Ohio, it must meet Ohio’s food safety standards. Is CBD Oil Legal Under Federal Law? Since 1970, the federal government has outlawed possession of marijuana. The federal Controlled Substances Act (CSA) defines marijuana as all parts of the cannabis plant, whether growing or not. The Act placed it in the most restrictive class, Schedule I. According to the CSA, Schedule I drugs have a “high potential for abuse” and “no currently accepted medical use.” Starting in 2014, Congress decided to exclude “hemp” from the definition of marijuana. With the 2018 Farm Bill, it created a national industrial hemp program. Under the Bill, State Departments of Agriculture could create their own hemp regulations to submit for federal approval or follow a USDA-created plan. Hemp grown under an approved program by a licensed farmer became legal. However, cannabis plants that contain more than a trace amount (0.03%) of THC and products made from them remain Schedule I drugs.  In addition, the Bill gave the FDA authority over hemp and CBD products. The FDA regulates the safety of food and drugs sold in the U.S. To date, the FDA has approved only one CBD product, a prescription drug Epidiolex used for rare, severe disorders. CBD Oil Is Not Illegal in Ohio: Senate Bill 57 In 2018, the Ohio governor approved a bill (SB 57) to decriminalize hemp and license hemp cultivation. SB 57 made it legal to possess and use hemp products containing less than 0.3% THC in Ohio. This includes CBD oil. In addition, SB 57 legalized sales of CBD oil in stores outside of medical marijuana dispensaries. Finally, the law requires labels on hemp products that say they contain less than 0.03% THC. Initially, the Ohio attorney general stopped prosecuting marijuana cases. The state’s crime labs could not tell the difference between the newly legal hemp and illegal marijuana. SB 57 allocated $968,000 to the attorney general’s office to develop testing. Within a year, the Bureau of Criminal Investigation finished creating its testing protocol, and prosecutions resumed. Despite the lab’s capabilities, they commonly experience testing delays, putting off prosecution for months or even years. Were You Arrested With CBD Oil in Ohio? Police officers cannot tell the difference between hemp and marijuana by sight alone. They are legally allowed to search for marijuana if they smell or observe what they think is marijuana. They can arrest you if they have probable cause to believe that you possess illegal marijuana. Unless your CBD oil is correctly labeled under Ohio’s hemp laws or you have proof of being a medical marijuana patient, the only way to prove your compliance with the law is through laboratory testing. If you’ve been arrested for possessing CBD oil in Ohio, we can help. When you contact our firm, an experienced drug crime defense attorney will help you navigate through the legal system. Our firm has achieved dismissals and penalty reductions for hundreds of people. Together, our award-winning attorneys have over 50 years of experience to use in your defense. Our clients have called us trustworthy, empathetic, honest, and supportive, and we’ll be there for you throughout the legal process. Contact us today for a free case analysis at 937-222-1515.

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drug paraphernalia in ohio

Clients frequently ask us, What is the charge for possession of drug paraphernalia? Ohio statutes make this answer simple by labeling the violation “possession of drug paraphernalia.” In many cases, paraphernalia charges arise in combination with drug possession charges. Here, we are going to provide information about the possession of drug paraphernalia in Ohio and the penalties those charged with violation of the statute face. If you were charged with possession of drug paraphernalia, contact one of our Ohio drug crime attorneys as soon as possible. We can prepare a strategy to help you obtain your desired outcome in your case. Reach out to us today for a free case evaluation. What Does Ohio Consider Drug Paraphernalia? Ohio’s statutes describe drug paraphernalia as any equipment, product, or material of any kind that is used or intended for use in any activity involving a controlled substance. If the definition sounds broad, that’s because it is. Under the right circumstances, Ohio authorities can consider a vast number of items to be drug paraphernalia. The specific items of drug paraphernalia outlined by the statute include: Marijuana pipes, Water pipes, Roach clips, Cocaine vials, Carburetor pipes, Drug packaging products, Bongs, and Scales for weighing a controlled substance. While some forms of drug paraphernalia seem obvious, authorities can transform innocent common household items like shrink wrap and plastic bags as drug packaging supplies. If the prosecutor believes you intended to use the items in the distribution of controlled substances, you could face charges for possession of drug paraphernalia. According to the statute, the court and other authorities will consider certain factors when determining whether an item is drug paraphernalia, including: Statements by the owner of the item concerning its use; The proximity in time or space of the item to any drug crimes being committed; Existence of controlled substance residue in or on the item; Direct or circumstantial evidence that the owner of the item intended to use the item to facilitate a drug crime violation; Oral or written instructions provided with the item concerning its use; National or local advertising concerning the use of the item; and Expert testimony concerning the use of the item. This represents a non-exhaustive list of circumstances law enforcement and the court can consider. What is Possession of Drug Paraphernalia in Ohio? Section 2925.14 of the Ohio Revised Code addresses the illegal use or possession of drug paraphernalia. The statute prohibits individuals from knowingly using drug paraphernalia or possessing drug paraphernalia with the intention of using it. Thus, if law enforcement officers find drug paraphernalia among your belongings after your arrest, you could face an additional charge of possession of drug paraphernalia, even if you were arrested for something completely unrelated. Penalties for Possession of Drug Paraphernalia in Ohio Currently, Ohio does not consider possession of drug paraphernalia a felony offense. However, charges commonly associated with possession of drug paraphernalia, like drug possession and drug distribution, often result in felony charges. The penalties associated with possession of drug paraphernalia, even your first offense, depend on the controlled substance the paraphernalia was reportedly used for. For marijuana paraphernalia, Ohio considers the violation a minor misdemeanor. Minor misdemeanors do not result in jail time. But the penalty for a conviction includes a $150 fine plus administrative court costs and the potential of having your driver’s license suspended, so a conviction is something you definitely need to avoid. For other controlled substances, the consequences are more serious, and the possession of drug paraphernalia can be a fourth-degree misdemeanor. Fourth-degree misdemeanors in Ohio carry the potential of up to thirty days in jail and a $250 fine.  The charge enhances to a second-degree misdemeanor for selling drug paraphernalia and a first-degree misdemeanor if the consumer was under 18. Additionally, convictions can result in your license being suspended for up to five years. Hiring an Attorney to Defend Against Possession of Drug Paraphernalia Charges Depending on the facts of your case, a qualified drug crimes lawyer can raise potential legal defenses on your behalf and negotiate with the prosecutor to lessen your charges. Many legal defenses can apply in a drug paraphernalia possession case, such as: You own the alleged paraphernalia for an entirely legal purpose; Someone placed the paraphernalia in your possession without your knowledge; or You have a valid medical marijuana prescription that authorizes possession of certain items designed for marijuana consumption. Whatever the circumstances are, you need a lawyer with the knowledge and commitment to advance your interests before the court. Our team at Gounaris Abboud, LPA has over 50 years of combined legal experience. With attorneys previously employed as prosecutors and judges, we know our way around the criminal justice system. We represent many clients facing drug-crime allegations every day, including those charged with possession of drug paraphernalia.  If you’re facing criminal charges in Ohio for possession of drug paraphernalia, we are here to help. Contact our office today to start your free consultation.

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ohio medical marijuana laws

Over the past fifteen years, society’s attitude towards marijuana has changed significantly. In 2016, Ohio voters passed House Bill 523 into law, which allowed Ohioans to legally use medical marijuana for the first time. However, due to complications in implementing the medical marijuana regulatory framework, it wasn’t until 2019 that people could purchase medical marijuana.  However, even though medical marijuana is legal in Ohio, there are still significant restrictions on who is eligible for medical marijuana, when and where you can consume marijuana, and how much marijuana a medical cardholder can possess. Who Is Eligible for an Ohio Medical Marijuana Card? In Ohio, medical marijuana is only available for patients who suffer from a “qualifying medical condition.” State law provides a list of all qualifying medical conditions, which currently includes the following: AIDS, Amyotrophic lateral sclerosis, Alzheimer’s disease, Cachexia, Cancer, Chronic traumatic encephalopathy, Crohn’s disease, Epilepsy (and other seizure disorders), Fibromyalgia, Glaucoma, Hepatitis C, Huntington’s disease, Inflammatory bowel disease, Multiple sclerosis, Parkinson’s disease, HIV, Post-traumatic stress disorder (PTSD), Sickle cell anemia, Spasticity, Spinal cord disease or injury, Terminal illness, Tourette’s syndrome, Traumatic brain injury, and Ulcerative colitis. Additionally, anyone who experiences “chronic and severe or intractable” pain can qualify for medical marijuana. This opens the door for someone to apply for marijuana if they have a disease, disorder, or injury that is not included in the list of enumerated conditions. Each year, the State Medical Board of Ohio conducts a review process to determine whether new conditions should be added. Through this process, you can request that the Board add your condition to the list. Obtaining Approval for Medical Marijuana Just because you suffer from a listed condition does not mean that you can head down to your local dispensary and buy medical marijuana. You must first go through the registration process. The first step to qualifying for medical marijuana in Ohio is to go to a doctor who has an active certificate to recommend (CTR) issued by the State Medical Board of Ohio. Typically, this requires an in-person visit with the physician. During your visit, the physician will determine if you have a qualifying condition. If you do, they will then request that the Board add your name to the patient registry. State law requires a physician to obtain your driver’s license, identification card, or U.S. passport to verify your identity. Caregivers can purchase and administer medical marijuana for those in their care, provided there is documentation of the arrangement. If the doctor approves you for medical marijuana, they can write a prescription for a 90-day supply. The doctor can include up to three refills, totaling a one-year supply. Thus, you will need to visit a doctor at least once a year to continue receiving medical marijuana. Once the doctor enters your name into the patient registry, you will receive an email outlining the registration process. You must then complete the registration process and pay the annual fee. The annual fee is $50 for patients and $25 for caregivers. However, veterans and those patients who cannot afford to pay the fee may apply to pay a reduced amount. Once you complete the registration process, the final step is to find a dispensary. Limits on Ohio Medical Marijuana While medical marijuana is legal, there are still many restrictions on its use. For example, growing marijuana is still illegal. To comply with the law, you must purchase medical marijuana through an approved dispensary. You can also only possess up to a 90-day supply of marijuana at a time. State law defines what a 90-day supply is, based on the type of marijuana or cannabis product. Up to eight ounces of tier I medical marijuana (23% THC or less); Up to five and three-tenths ounces of tier II medical marijuana (more than 23% THC); Up to twenty-six and fifty-five-hundredths grams of THC content in patches, lotions, creams, or ointments for topical administration; Up to nine and nine-tenths grams of THC content in oil, tincture, capsule, or edibles; and Up to fifty-three and one-tenths grams of THC content in medical marijuana oil for vaporization. Of course, it is also still illegal to drive under the influence of marijuana. In Ohio, this is referred to as operating a vehicle impaired (OVI). This presents a problem for many medical marijuana users because THC, the active component in medical marijuana, stays in your system for up to several days. The inactive components of medical marijuana—which do not cause you to feel high or impact your driving—can remain in your system for weeks. Anyone arrested for driving under the influence of marijuana may have a defense, depending on the amount of THC in their blood at the time of their arrest and whether they exhibited any signs of impaired driving. An experienced Ohio criminal defense attorney can help you understand the laws and whether you have a viable defense to a marijuana OVI charge. Contact an Experienced Marijuana Defense Attorney Today If you face any marijuana-related charges in Ohio, reach out to the dedicated criminal defense attorneys at Gounaris Abboud, LPA. At Gounaris Abboud, our attorneys stay up-to-date on the frequently changing laws surrounding Ohio medical marijuana. Regardless of the nature of the charges you face, we will develop a compelling defense to ensure the charges impact your life as little as possible. To learn more, and to schedule a free consultation with one of our Ohio medical marijuana defense attorneys, give us a call today. You can also connect with us through our online form.

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felony 5 drug possession in ohio likely outcome

Ohio’s drug possession laws are some of the harshest in the country. Even the lowest category of felony possession carries up to a year behind bars. If you face felony 5 drug possession in Ohio, the likely outcome could be grim. In fact, a conviction can send you to jail or prison and cost you thousands of dollars in fines, fees, and court costs. Understanding your options will help you make the best choice for your future. The Ohio criminal defense lawyers from Gounaris Abboud, LPA, understand what you’re going through, and we are here to help. How Does Ohio Classify Possession of CDS? In Ohio, charges for possession of a controlled dangerous substance (CDS) are based on the type of substance and the amount you had in your possession. Ohio classifies different substances into schedules, depending on the comparative danger of the drug based on its propensity for addiction and abuse. Schedule I drugs pose the highest level of risk. These are substances that have no identified medical use yet pose the highest risk for abuse, such as ecstasy, LSD, and heroin. Schedule II drugs, although slightly less dangerous, also pose a high risk for addiction and abuse, including cocaine, methamphetamine, oxycodone, and fentanyl. Schedule III drugs pose a lower risk for addiction, including ketamine, anabolic steroids, and medications containing less than 90 milligrams of codeine per dose. Schedule IV drugs pose an even lower risk for addiction, including benzodiazepines (e.g., Xanax), valium, Ambien, and Ativan. Schedule V drugs pose the lowest risk for abuse. This category contains medications used by prescription for coughs, pain, and gastric conditions, including Lyrica, codeine cough syrups, Lomotil, and Parapectolin. The level of charges you face will depend on the type and quantity of CDS you possess. You may face more serious charges if you have prior possession convictions or if any aggravating circumstances apply in your case. Some of the most common Felony 5 possession offenses include: Cocaine (less than 5 grams), Heroin (less than 1 gram), and LSD (less than 10 doses). Many other types of drug offenses fall under the Felony 5 category. If you aren’t sure what 5th degree felony drug possession in Ohio might mean for you, a drug possession attorney can help you understand the potential penalties you face. Penalties and Sentencing for Fifth-Degree Possession Charges in Ohio Upon conviction for Felony 5 drug possession in Ohio, you face penalties that include: Six to 12 months in prison, Up to a $2,500 monetary fine, and Up to five years community control (probation). You also face the potential for driver license suspension as well as the possibility of having a permanent criminal record. You could lose your right to hold professional licensure along with other key civil rights such as the right to vote or possess a firearm. Were you recently charged with a crime? If you were recently charged with a crime text us the details Text Us on Mobile For Free Case Analysis How Can an Ohio Criminal Defense Attorney Help You? If you were arrested or charged with fifth-degree felony drug possession in Ohio, you must act quickly to protect your rights. Before you answer questions or provide any statements to the police or prosecutor, contact a drug possession lawyer to explore your options. Although you might feel you have no options, you might be surprised by what an experienced defense attorney can do for you. When you trust the drug crimes lawyers of Gounaris Abboud, LPA, we will review the evidence and investigate your case to identify any potential weaknesses. We use this information to negotiate with the prosecutor for a reduction or dismissal of your charges. We tailor our legal defense strategies to the details of your case and fight hard to protect your rights and your future. Contact us today to talk with one of our Ohio criminal defense lawyers. Call us at 937-222-1515 to learn more or contact us now to learn more about the most likely outcome if you’re facing Felony 5 drug possession charges.

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ohio drug laws controlled substances

What You Should Know About Ohio Drug Possession Laws Ohio drug possession laws are codified by Ohio Revised Code Section 2925.11 and define 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 carries more severe penalties, while the penalties for possessing less serious drugs are not as harsh. Ohio law provides different “bulk amounts” for each type of drug. These are benchmarks used to measure the appropriate penalty based on the quantity of the drug. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. If you have been arrested for a drug possession crime in Ohio, you should contact a criminal defense lawyer today. Hiring a criminal defense lawyer gives you the best chance to reduce or eliminate your criminal charges. Recent Case Result: Drug Crime Reduced to Disorderly Conduct 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. But the Ohio Legislature has now 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. Were you recently charged with a crime? If you were recently charged with durg possession then text us the details Text Us on Mobile For Free Case Analysis Possession and Aggravated Possession of Controlled Substances in Ohio Ohio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. Schedule I and II Controlled Substances 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. Marijuana, heroin, cocaine, and LSD Schedule I and II drugs that are excepted from aggravated possession charges include marijuana, heroin, cocaine, and LSD. Each drug carries its own penalties. Marijuana Possession of marijuana in Ohio is penalized as follows: Less than 100 grams is a minor misdemeanor; Greater than or equal to 100 grams but less than 200 grams is a fourth degree misdemeanor; Greater than or equal to 200 grams but less than 1,000 grams is a fifth degree felony; Greater than or equal to 1,000 grams but less than 20,000 grams is a third degree felony; and Greater than or equal to 20,000 grams is a second degree felony. If you’re charged with marijuana possession in Ohio, contact a criminal defense lawyer today. Heroin Possession of heroin in Ohio is penalized as follows: Less than 10 unit doses or less than one gram is a fifth degree felony; Greater than or equal to 10 unit doses but less than 50 unit doses or greater than or equal to one gram but less than five grams is a fourth degree felony; Greater than or equal to 50 unit doses but less than 100 unit doses or greater than or equal to five grams but less than 10 grams is a third degree felony; Greater than or equal to 100 unit doses but less than 500 unit doses or greater than or equal to 10 grams but less than 50 grams is a second degree felony; Greater than or equal to 500 unit doses but less than 1,000 unit doses or greater than or equal to 50 grams but less than 100 grams is a first degree felony; and Greater than or equal to 1,000 unit doses or greater than or equal to 100 grams is a first degree felony plus major drug offender status. If you’re charged with heroin possession in Ohio, contact a criminal defense lawyer today. Cocaine Possession of both powder and crack cocaine in Ohio is penalized as follows: Less than five grams is a fifth degree felony; Greater than or equal to...

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drug crime

Gounaris Abboud, LPA may not be able to facilitate a dismissal in all of their cases, but in many circumstances they can reduce charges so that clients have drastically reduced penalties. One client recently came to the firm with drug crime charges. She is the single mother of one child and has no prior criminal history. She was having a party at her house when a neighbor called the police with a noise complaint. When the police responded to the complaint, they noticed drug paraphernalia in plain sight in the house. They arrested the mother with drug charges. In the state of Ohio, a drug crime carries a mandatory minimum six-month license suspension. This means that for at least half a year, this mother may have been forced to abstain from driving. When she came to Gounaris Abboud, LPA, were able to convince the prosecutor in the case to amend the charges to a mere disorderly conduct charge. This is only a minor misdemeanor. This means that our client did not have to deal with a license suspension, and was not required to spend any time in jail. The client pled guilty to disorderly conduct and the court imposed a court cost with no fines. If you have been arrested for possession of drug paraphernalia, then you may want to hire a dedicated defense attorney to assist you in your case as well. At Gounaris Abboud, LPA, the attorneys understand how to best discuss cases with the prosecution and work towards a satisfactory settlement in the case pre-trial. This way, it will save clients time and money, and they can be sure to get satisfactory results. While Gounaris Abboud, LPA cannot guarantee victory in every case they take on, clients can trust that the firm will do all that they can to assist their clients. Don’t hesitate to call the firm today!

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