Facing drug charges in Ohio is a highly stressful experience. This can be incredibly intimidating when considering how aggressively the state prosecutes these cases. Facing drug charges in Ohio can mean severe consequences and, in many cases, a felony on your record.
If you find yourself facing substance-related charges, it is in your best interest to seek help. You need representation from a reputable and aggressive Columbus drug crime defense lawyer with Koffel Brininger Nesbitt. We have an exemplary track record, and our firm’s success in drug crime defense has resulted in acknowledgment by the best lawyers in America, Ohio Superlawyers, and others.
Defining Drug Trafficking
Ohio has laws that differ from many others in that it is the behavior that really determines trafficking rather than simply the amount.’ Under Ohio Revised Code §2925.03, it is unlawful to sell or offer to sell a controlled substance or controlled substance analog. Additionally, it is unlawful to do any of the following as it relates to a controlled substance or controlled substance Analog:
- Prepare for shipment
- Ship
- Transport
- Delivery
- Prepare for distribution
- Distribute
Regarding the language in the law, it may be considered trafficking to even offer to sell drugs in Ohio, even if you don’t engage in any sales. Any of the scenarios mentioned above may leave you vulnerable to a drug trafficking charge. The volume or quantity of substance involved will affect your sentencing and the degree of felony, but it will not distinguish a trafficking charge from a non-trafficking charge in Ohio.
For a legal consultation, call (614) 884-1100
Determining Your Charges
Facing drug charges in Ohio can leave you stressed and unsure of what you are really dealing with. You may wonder what drugs are a felony in Ohio to know what to expect. The answer is that it really depends on circumstances, and many aggravating factors may increase the severity of the charge, including:
- Performing the act in the vicinity of a school
- Performing the act near a minor
- Performing the act near a substance abuse treatment facility
- Performing the act in the vicinity of a recovering addict
- Volume or Quantity of substance meeting or exceeding ‘bulk weight’ as defined in Ohio Revised Code §2925.01
Any aggravating factors may increase the severity of your charges and sentencing. Certain combinations may significantly increase the severity of the situation. For example, being charged with selling Marijuana near a school may increase your charges from a misdemeanor to a felony and further increase if the amount you are caught with is between 200 and 1000 grams.
Quantity Guidelines in Drug Trafficking Charges
The quantity of a drug you are caught with does not determine whether you are charged with drug trafficking. It may, however, affect whether you are charged with aggravated trafficking charges and what type of felony you are charged with. These quantity guidelines are defined by Ohio revised statute 2925.01 as:
- A quantity of or over ten grams or twenty-five unit doses of a mixture, compound, preparation, or substance that is or includes any amount of a schedule I opiate or opium derivative.
- 10 grams or more of a mixture, preparation, substance, or compound that contains any amount of raw or gum opium.
- An amount equal to or exceeding five grams or ten unit doses of substances containing any amount of phencyclidine.
- An amount that exceeds 120 grams or more than 30 times the maximum daily dose of a schedule II pharmaceutical based on standard reference manuals.
- An amount that is equal to or exceeds 20 grams or five times the daily maximum dose of the usual range of schedule III opiate or opiate derivative determined by a standard pharmaceutical reference manual.
- An amount equal to or more than two hundred fifty grams or milliliters of a substance that is or contains any amount of a Schedule 5 substance.
This is not an exhaustive list of the bulk amounts. Any questions you have regarding your charges or the classifications of controlled substances in Ohio would be best directed to a drug crime defense lawyer with Koffel Brininger Nesbitt. There are many complicating factors regarding how charges are determined, so professional guidance is necessary.
Click to contact our dui lawyers today
Sentencing a Drug Trafficking Charge in Ohio
The penalty for the minimum charge of a fifth-degree felony drug trafficking offense in Ohio is six to twelve months of incarceration. Additionally, a fine may be added up to $2,500. These amounts may increase as the charges go up in severity, resulting in the penalties shown below:
- Fourth-degree drug trafficking felony: 6-18 months of incarceration with a maximum fine of up to $5,000
- Third-degree drug trafficking felony: Incarceration of 9-36 months and a maximum fine of $10,000
- Second-degree drug trafficking felony: 2-8 years of incarceration and a fine of up to $15,000
- First-degree drug trafficking felony: 11-year mandatory sentence with a fine not to exceed $20,000
The amount of drugs you are found with can dramatically influence your charges and sentencing. The specific amounts vary depending on the drug and format (solid versus liquid compound). You should always speak with your attorney regarding questions specific to your case and circumstances.
Mandatory Fines
For many charges, it is up to the judge’s discretion to impose fines in addition to incarceration. However, it is not uncommon for drug trafficking charges to come with mandatory fines. These are required unless you are found indigent by the court.
Complete a Case Evaluation form now
Managing Your Ohio Drug Trafficking Charges
Ohio does not mess around in its fight against drugs. This results in incredibly harsh sentencing and consequences for those who are unfortunate enough to be charged. If you have reason to believe that you are suspected of drug trafficking or police have contacted you, you should reach out to Koffel Brininger Nesbitt immediately.
You can contact us for a case evaluation by phone or e-mail. Our intake staff looks at all inquiries to ensure that every submission and call is seen promptly. Don’t leave your future to chance by not securing an attorney from the beginning of your allegations.
CALL OR TEXT (614) 884-1100 OR COMPLETE A CASE EVALUATION FORM
