Being arrested and charged with any type of criminal offense can be devastating. However, Ohio has some of the harshest drug crime penalties in the country. You may require the legal guidance and support of an aggressive Columbus drug possession lawyer with Koffel | Brininger | Nesbitt if you hope to clear your name of these severe allegations.
Working with a highly experienced Columbus drug crime lawyer with our firm may be your best option. Contact our criminal defense team to request a confidential consultation today and learn more about the potential consequences of a drug possession conviction, ways to defend yourself against these charges, and whether alternative treatment options may be available in your case. We are available 7 days a week, 8 am – 10 pm.
Drug Possession Under Ohio Law
Drug possession is one of the most common types of drug charges Koffel | Brininger | Nesbitt handles. Your drug possession attorney in Columbus may be able to help you defend against one or more of the following charges:
- Possession of drug materials
- Heroin possession
- Possession of fake or counterfeit drugs
- Cocaine possession
- Illegal possession of chemicals
- Possession of methamphetamines
- Marijuana possession
- Prescription drug possession
Most drug possession charges will be tried at the misdemeanor level. However, if you are charged with possession of a Schedule l or ll controlled substance, it is more likely your charges will be upgraded to a felony. Our Columbus criminal defense lawyers can help.
For a free legal consultation with a possesion of drug lawyer serving Columbus, call 614-884-1100
Ohio Schedule of Controlled Substances
Ohio law categorizes controlled substances into “Schedules”. The classification of the controlled substance will determine the level of the criminal charges against you. This will, in turn, determine the potential penalties of a conviction.
Schedule I
Schedule l controlled substances are considered the most severe, as outlined under Ohio Revised Code Chapter 3719. They have no recognized medical use and have a high risk of addiction and abuse. Examples of Schedule l controlled substances could include:
- Ecstasy
- Heroin
- LSD
- Peyote
- Mescaline
- Gamma-Hydroxybutyrate (GHB)
Schedule II
Schedule ll controlled substances are some of the most serious drugs you can be accused of possessing. They have some recognized medical purposes but a high potential for dependency and abuse. Examples of Schedule ll controlled substances include:
- Methadone
- Narcotic painkillers, including OxyContin
- Fentanyl
- Methamphetamine
- Cocaine
Schedule III
Schedule lll drugs are not as severe as Schedule l or ll controlled substances. They have many recognized medical purposes but a high risk of abuse and dependency. Some examples of Schedule lll controlled drugs include:
- Barbiturates
- Ketamine
- Anabolic steroids
Schedule IV
Schedule lV controlled substances are some of the lowest grade drug possession charges. They have widely recognized medical purposes and a low risk of dependence or abuse. Some examples of Schedule lV controlled substances include:
- Xanax
- Valium
- Certain sleep aids
- Anti-anxiety medications
Schedule V
Schedule V controlled substances have the lowest risk of dependency and addiction. They are widely used within the medical community. Schedule V controlled drugs could include stimulants and preparations containing small amounts of narcotic drugs.
Columbus Possesion of Drug Lawyer Near Me 614-884-1100
Types of Drug Charges and Their Impact on Your Case
Not all drug charges are the same, and the severity of your case depends on several factors, including the substance involved, the amount in your possession, and whether prosecutors believe you intended to distribute drugs. A minor possession charge may result in fines and probation, while a trafficking or distribution charge can carry years of mandatory prison time.
Misdemeanor vs. Felony Drug Charges
The severity of your drug charges depends on the type of controlled substance, the quantity in your possession, and whether prosecutors believe you intended to distribute the drugs. Under Ohio Revised Code § 2925.11, drug possession can be classified as either a misdemeanor or a felony, with harsher penalties for larger amounts or repeat offenses. Even a misdemeanor drug conviction can lead to jail time, fines, and a permanent criminal record that affects your ability to secure employment, housing, and financial aid.
If you are found in possession of a small amount of a Schedule III, IV, or V controlled substance, you may face a first-degree misdemeanor charge. A conviction can result in up to 180 days in jail and a $1,000 fine. However, possession of even a small amount of a Schedule I or II drug, such as cocaine, heroin, fentanyl, or methamphetamine, is automatically classified as a felony, leading to more severe consequences.
Felony drug charges become even more serious if prosecutors believe you intended to distribute or manufacture drugs. Under Ohio Revised Code § 2925.03, drug trafficking charges apply when an individual possesses large quantities of controlled substances, drug packaging materials, or significant cash, indicating intent to sell.
Depending on the amount and drug type, penalties can include mandatory minimum prison sentences, fines of up to $20,000, and extended probation terms. If you have prior drug convictions, enhanced penalties may apply, but your drug possession lawyer in Columbus will prepare you accordingly.
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The Difference Between Federal and State Drug Charges
When Drug Crimes Become Federal Offenses
Certain drug offenses automatically fall under federal jurisdiction due to the severity of the crime or involvement of federal agencies such as the U.S. Drug Enforcement Administration (DEA). If you were caught transporting drugs across state lines, found in possession of large quantities of controlled substances, or accused of running a drug trafficking operation, your case could be prosecuted in federal court.
Federal drug charges come with mandatory minimum sentences under the Controlled Substances Act (21 U.S.C. § 841). Unlike state cases, federal sentencing guidelines leave little room for judicial discretion. This means that even first-time offenders could face years in prison if convicted of trafficking or distributing controlled substances.
Key Differences Between Federal and State Sentencing
Federal and state courts handle drug cases differently, especially when it comes to sentencing. Federal drug laws follow mandatory minimum sentencing guidelines, meaning judges have less flexibility in reducing penalties. This can result in lengthy prison sentences, even for non-violent offenders.
State drug charges, however, allow for more discretion. Ohio state courts often consider mitigating factors, such as a defendant’s criminal history, drug addiction, or willingness to enter a rehabilitation program. In some cases, state drug courts may offer diversion programs or alternatives to incarceration, options that are rarely available in federal court.
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Ohio’s Drug Possession Penalties
In Ohio, drug possession cases are treated harshly by the court system, with many drugs, when found to be illegally in the possession of an individual, including pharmaceutical drugs, resulting in class 5 felony charges. This includes marijuana, and if you are found to possess more than 1,000 grams, you will be charged with felony drug possession. This charge, if convicted, has a penalty of up to 12 months in prison and a $2,500 fine.
For drugs that are considered to be more dangerous, such as cocaine, heroin, anabolic steroids, and others, even the smallest amount found in your possession is a felony. The prison term for a conviction can reach as high as 8 years in state prison. Your drug possession charges may require the skills of a reputable Columbus drug possession attorney to take action immediately.
Aggravating Factors That Can Increase Penalties
Certain circumstances can increase the severity of drug charges and lead to harsher sentencing. If you were arrested near a school, daycare, or public park, prosecutors may seek enhanced penalties.
Having a weapon in your possession at the time of arrest can add additional criminal charges, even if the firearm was legally owned.
The Impact of a Drug Conviction in Columbus
A drug conviction can follow you long after your case is closed, affecting your ability to work, secure housing, and maintain basic legal rights. Employers, landlords, and even banks conduct background checks that can limit your opportunities. Understanding these consequences is critical to protecting your future and exploring legal options to minimize the impact of a conviction.
Consequences for Employment and Professional Licensing
Many employers conduct background checks before making hiring decisions. If you have a drug conviction, you may be disqualified from certain jobs, especially those that require security clearances, involve handling money, or operate in federally regulated industries. Even if your conviction was years ago, some employers view it as a sign of unreliability.
How Drug Convictions Affect Housing and Loan Eligibility
Finding housing after a drug conviction can be incredibly difficult. Many landlords run background checks and deny applicants with criminal records, especially those involving drug offenses. If you apply for federally subsidized housing, a drug conviction can make you ineligible for Section 8 and other housing assistance programs.
Restrictions on Firearm Ownership After a Drug Conviction
A drug conviction can strip you of your Second Amendment rights. Under federal law, individuals with felony drug convictions are prohibited from owning or possessing firearms. Even misdemeanor drug offenses can lead to firearm restrictions in some cases.
How to Defend Against Columbus Drug Charges
Your Columbus drug possession attorney will need to scrutinize the evidence and facts in your case to determine which defenses are most likely to return a favorable outcome.
Fortunately, after having reviewed the circumstances of your drug possession charges, our team will have a better idea of how to approach your defense. Some of the most common defenses used to challenge drug possession charges in Franklin County include:
- Lack of probable cause
- Lack of actual possession
- Insufficient evidence to support the charges against you
- Illegal wiretapping or surveillance
- Illegal search and seizure
- The substance in question was not an illicit drug
- Unwitting possession
- Valid prescription or eligibility for medical cannabis
Treatment in Lieu of Conviction
While there are many different types of defenses that we could use to clear your name of the charges against you, in some cases, enrolling in a drug treatment program may be a better alternative. There are many cases every year where we are successful in petitioning the court for treatment instead of conviction, commonly known as Intervention in Lieu of Conviction (ILC).
Expungement of Drug Convictions in Ohio
A drug conviction can make it harder to find a job, secure housing, or qualify for financial assistance. Expungement gives you a second chance by sealing your criminal record, preventing most employers and landlords from seeing any past convictions. If you qualify, expungement can help you move forward without the weight of a drug charge affecting your future.
Expungement does not erase a conviction completely, but it removes it from most background checks. This can make a major difference when applying for jobs or housing, as many companies and landlords automatically reject applicants with criminal records.
If you were convicted of a drug crime, you may be able to have your record sealed under Ohio Revised Code § 2953.32, giving you a fresh start.
Who Qualifies for Expungement?
Ohio law allows certain drug convictions to be sealed, but not all offenses qualify. Generally, non-violent, low-level drug offenses stand the best chance of being expunged. More serious drug crimes, such as trafficking or manufacturing, may not be eligible.
The Expungement Process and How to Apply
If you qualify for expungement, you must follow specific legal steps to petition the court. A mistake in your application can lead to delays or a denial, so it is important to prepare your request properly. Take the following steps to apply for expungement in Ohio:
- Determine eligibility based on conviction type and waiting period.
- Obtain a copy of your criminal record.
- Complete and file an expungement petition with the appropriate court.
- Pay any required filing fees.
- Attend a court hearing, if required.
- Wait for the judge’s decision on whether to grant expungement.
Get Help from Columbus’ Leading Drug Possession Law Firm Today
If you have recently been charged with drug possession, your entire future could be in jeopardy. Fortunately, by working with a knowledgeable and aggressive drug possession lawyer in Columbus at Koffel | Brininger | Nesbitt, you can take control of your defense and protect your future. Do not jeopardize your freedom by working with an overworked public defender.
Hire a criminal defender with the resources, energy, and dedication your case deserves. We are the firm other law firms use and recommend. Request a confidential consultation with our legal team. You can reach us by phone or through our secured contact form to schedule your defense strategy session as soon as today.
Call or text 614-884-1100 or complete a Free Case Evaluation form
