
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. For a free case review, please call (937) 222-1515 or send us an online message today. 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”: 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 drug 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: 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: 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: If you’re charged with cocaine possession in Ohio, contact a criminal defense lawyer today. LSD If you’re charged with LSD possession in Ohio, contact a criminal defense lawyer today. All Other Schedule I and II Controlled Substances If you possess any other Schedule I or II controlled substance you will be charged with aggravated drug possession. Aggravated possession of drugs is a felony but can vary in degree based on the amount in possession: If you’re charged with aggravated possession of drugs in Ohio, you should contact a criminal defense lawyer today. Schedule III, IV, and V Controlled Substances 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. Regardless of the schedule of the controlled substance, the offense (as determined by the bulk amount or weight) ordinarily carries the same penalty. What Happens If I’m Convicted of a Drug Offense? If you’re convicted of a drug offense in Ohio, you face a number of consequences. The harshest penalties you face are jail time and fines. Your driver’s license may even be suspended or revoked if you are convicted of a drug offense. If you hold a professional license such as a law license, medical license, or nursing license, you could lose it either temporarily or permanently. Additionally, you will have a permanent criminal record as a drug offender. Having a criminal record with a drug charge can make it harder to get a job, find housing, and get into higher education programs. 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: 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. Possible Defenses The defenses you might have against a drug possession charge depends on a number of factors, including: Your criminal defense lawyer could argue that some or all evidence should be excluded because the search or seizure was unconstitutional under the 4th Amendment. If you did not receive proper Miranda warnings when you were taken into custody, your lawyer could also argue...
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