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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