Do not face a drug charge alone.
A skilled defense attorney can often challenge the evidence, negotiate a reduction in charges, or explore alternative sentencing programs. Contact our Dayton drug crime defense attorneys immediately for a free, confidential consultation. Call us at 937-222-1515 or reach out online.
Understanding Ohio’s Drug Schedules
- Schedule I: High potential for abuse and no accepted medical use (e.g., Heroin, LSD, Ecstasy).
- Schedule II: High potential for abuse, but with severely restricted medical uses (e.g., Cocaine, Methamphetamine, Fentanyl, Oxycodone, Adderall).
- Schedule III: Moderate potential for abuse and accepted medical use (e.g., Ketamine, Anabolic Steroids, Suboxone).
- Schedule IV: Low potential for abuse and accepted medical use (e.g., Xanax, Valium, Ambien).
- Schedule V: Lowest potential for abuse and accepted medical use (e.g., Cough syrups with low amounts of codeine).
Simple Possession vs. Aggravated Possession
In Ohio, the law distinguishes between “Possession of Drugs” and “Aggravated Possession of Drugs.”
Aggravated Possession applies when the drug involved is a Schedule I or II controlled substance (with specific exceptions like marijuana, cocaine, heroin, LSD, and fentanyl, which have their own specific penalty sections). For example, possessing methamphetamine or oxycodone without a prescription is considered Aggravated Possession. These charges are generally felonies and carry severe penalties.
Detailed Penalties for Drug Possession in Ohio
Penalties for Aggravated Possession (Schedule I and II)
- Less than Bulk Amount: Fifth-degree felony (up to 12 months in prison).
- Bulk Amount to Less Than 5x Bulk: Third-degree felony (presumption of prison time).
- 5x Bulk to Less Than 50x Bulk: Second-degree felony (mandatory prison time).
- 50x Bulk or More: First-degree felony (mandatory prison time).
Penalties for Cocaine Possession
- Less than 5 grams: Fifth-degree felony.
- 5 to Less Than 10 grams: Fourth-degree felony.
- 10 to Less Than 20 grams: Third-degree felony (presumption of prison).
- 20 to Less Than 27 grams: Second-degree felony (mandatory prison).
- 27 grams or More: First-degree felony (mandatory prison).
Penalties for Heroin Possession
- Less than 10 doses (or < 1 gram): Fifth-degree felony.
- 10 to 49 doses (or 1 to 4.9 grams): Fourth-degree felony.
- 50 to 99 doses (or 5 to 9.9 grams): Third-degree felony.
- 100 to 499 doses (or 10 to 49 grams): Second-degree felony (mandatory prison).
- 500 doses or More (or 50+ grams): First-degree felony (mandatory prison).
What About Marijuana Possession?
Intervention in Lieu of Conviction (ILC)
Defending Against Drug Possession Charges
- Illegal Search and Seizure: Did law enforcement have probable cause to stop you or a valid warrant to search your vehicle or home? If the search was illegal, the evidence (the drugs) may be suppressed, often leading to a dismissal of charges.
- Lack of Knowledge or Intent: Did you know the drugs were there? To be convicted, the prosecution must prove you “knowingly” possessed the substance.
- Constructive Possession Issues: If the drugs were found in a shared space (like a car with multiple passengers), the prosecution must prove you had control over the drugs, not just that you were near them.
- Valid Prescription: For Schedule II, III, IV, or V drugs, a valid prescription is a complete defense to possession.
- Chain of Custody Errors: If the police or the crime lab mishandled the evidence, we can challenge the admissibility of the drugs in court.
Protect Your Future with Gounaris Abboud, LPA
The stakes in a drug possession case are incredibly high. Do not leave your future to chance or rely on an overworked public defender. You need a dedicated legal team that will fight for your rights at every step of the process.
Depending on the facts of your case, you might be able to go to rehab instead of jail.
When your punishment for a criminal offense is not jail time, you receive what is called an alternative sentence.
One type of alternative sentence is attending and completing a substance abuse treatment program at a treatment center.
Working with a criminal defense lawyer can increase your chances of receiving an alternative sentence instead of jail time.
If you are caught trafficking drugs in Ohio, the penalties vary depending on the type of drug and the amount of the drug you’re caught with.
If you’re arrested for trafficking less than the bulk amount of a Schedule I or II drug, you’ll be charged with a fourth-degree felony.
If the quantity of the drug equals or exceeds the bulk amount but is less than five times the bulk amount, the charge is a third-degree felony.
If the amount of the drug equals or exceeds five times the bulk amount but is less than 50 times the bulk amount, you’ll be charged with a second-degree felony.
Finally, if the quantity of the drug equals or exceeds 50 times the bulk amount, the resulting charge is a first-degree felony.
If you’re arrested for trafficking less than the bulk amount of a Schedule III, IV, or V drug, you’ll be charged with a fifth-degree felony.
If the quantity of the drug equals or exceeds the bulk amount but is less than five times the bulk amount, the charge is a fourth-degree felony.
If the amount of the drug equals or exceeds five times the bulk amount but is less than 50 times the bulk amount, you’ll be charged with a third-degree felony.
Finally, if the quantity of the drug equals or exceeds 50 times the bulk amount, the resulting charge is a second-degree felony.
It’s also important to know that if you’re caught trafficking Schedule I, II, III, IV, or V drugs near a school, the charge is one degree higher.
For example, if the original charge is a second-degree felony, the charge becomes a first-degree felony.
Drug abuse is using these chemical substances for pleasurable or other non-medical purposes. Drug abuse can lead to long-term physical and psychological damage as well as dependence and addiction. It’s important to understand the difference between medical vs. recreational drug use and to adhere strictly to medical use guidelines. Avoid off-label use of drugs unless otherwise instructed by a doctor.
Certain drug offenses carry a minimum mandatory sentence. A first-degree felony is punishable by a mandatory minimum sentence of three years, and a second-degree felony has a mandatory minimum of two years. Aggravated drug crimes may also carry mandatory minimum sentences, especially if you have a prior conviction.