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What Is the Most Likely Outcome for Felony 5 Drug Possession in Ohio?

Updated: November 20, 2023
Nicholas Gounaris
By Nicholas Gounaris

Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend
University of Dayton School of Law where he received his Juris Doctorate. In 2011, Mr. Gounaris was awarded a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI DefenseCriminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.

How Does Ohio Classify Possession of CDS?

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.

Reach us online or call (937) 222-1515 today for a free consultation.

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)
  • 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
  • Up to five years of community control (probation)

You also face the potential for driver’s 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.

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.

Contact Us

Contact Gounaris Abboud, LPA

Call us at (937) 222-1515 to learn more or contact us online now to learn more about the most likely outcome if you’re facing Felony 5 drug possession charges. Our firm offers free case reviews.

Available 24/7 & Obligation-Free