Not all drug charges in Ohio are the same. Therefore, not all penalties are the same. If you have been charged with a first-time drug offense, you could face jail time. With representation from a skilled Columbus drug crime defense lawyer, however, you have the best chance of seeing your charges and penalties reduced–possibly even dismissed entirely.
It is important not to take a first-time offense lightly. Even if your penalties do not include jail time, a conviction leaves you with a record and the repercussions that come with a criminal record. If you have been charged with a drug crime, whether a first or repeat offense, connect with the team at Koffel, Brininger, and Nesbitt (KBN) for experienced, effective legal representation.
Types of Drug Offenses and Substances
According to the Ohio Supreme Court “Drug Offense Quick Reference Guide,” Ohio classifies drug offenses into four major categories: drug trafficking, drug possession, drug assembly, and drug manufacturing and cultivation. Offenses within these four categories are classified further depending on the type and amount of the drug involved. These factors, among others, affect the penalties issued for drug offenses.
Drug Trafficking
Drug trafficking involves providing drugs to another party. For example, a person may sell or offer to sell drugs or prepare drugs for shipment or distribution. Any method or involvement of knowingly providing controlled substances to someone else could bring charges of drug trafficking under Ohio Revised Code §2925.03. Most drug trafficking charges range from first to third-degree felony offenses, though offenses involving small amounts of marijuana are misdemeanors.
Drug Possession
Ohio Revised Code §2925.11 makes it illegal to “knowingly obtain, possess, or use a controlled substance or a controlled substance analog.” Similar to drug trafficking laws, possession charges range from low-level misdemeanors to high-level felonies depending on the substance in question and the amount possessed. For example, possessing less than 100 grams of marijuana brings misdemeanor charges, while possessing less than 5 grams of cocaine can lead to fifth-degree felony charges.
Drug Assembly
As per Ohio Code §2925.041, “no person shall knowingly assemble or possess one or more chemicals that may be used to manufacture a controlled substance in Schedule I or II with the intent to manufacture a controlled substance in Schedule I or II.” Under this law, even if you do not have all the chemicals needed to make a drug but assemble one or some chemicals required and have the intent to manufacture the controlled substance, you can face charges. Drug assembly charges are felonies of the second or third degree.
Drug Manufacturing and Cultivation
A person who knowingly cultivates marijuana or knowingly manufactures or engages “in any part of the production of a controlled substance” can be charged under Ohio Revised Code §2925.04. Crimes involving small amounts of marijuana can lead to misdemeanor charges. Manufacturing or cultivating methamphetamines or Schedule 1-V drugs can bring felony charges.
Ohio Drug Classifications
Ohio Code §2925.02 defines drug offenses and shows the complexities involved in drug crimes and penalties. The location of the offense, the ages of those involved in the crime, and the drug type are all factors affecting the severity of the crime and its consequences. Those charged with any drug crime should seek immediate representation from a drug crimes defense attorney in Ohio with a full understanding of Ohio’s laws and experience navigating the Ohio legal system.
Ohio’s drug laws follow the United States Drug Enforcement Administration’s (DEA) classification or “drug scheduling.” Drug schedules are based on the substances’ potential to cause abuse and “severe psychological and/or physical dependence. Schedule V drugs show the least potential for abuse, while Schedule I substances have the highest risk.
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Penalties for First-Time Drug Crimes
The potential for incarceration exists for any of the four categories of drug crimes and depends heavily on the amount of drugs involved, according to the Ohio Drug Offense Quick Reference Guide mentioned earlier. For example, convictions for first-offense methamphetamine manufacturing charges come with mandatory minimum three-year prison sentences. Other times, the court is guided “in favor” of jail time for first-time offenses, especially if the offense occurred near a school or in the presence of juveniles.
Misdemeanor Penalties
Still, whether your crimes are at the misdemeanor or felony level and whether they come with mandatory or possible jail time, the consequences of any drug crime are serious. Misdemeanor penalties vary based on the specifics of the alleged crime but can include:
- From 30 days to up to six months in jail
- Up to five years probation
- Fines ranging from $150-$1,000
- Driver’s license suspension
Felony Penalties
According to the Ohio “Felony Sentencing Quick Reference Guide,” penalties for felony offenses, first time or otherwise, can include:
- Up to 11 years in prison
- Fines ranging from $2,500 to $20,000
How a KBN Drug Crimes Defense Attorney in Ohio Can Help
While the legal consequences of a first-time conviction are serious, there are additional costs of being convicted of a crime. Having even a misdemeanor drug conviction on your record can affect your employment opportunities, ability to secure insurance or financial aid, and, if you hold a professional license, can result in possible license revocation. These consequences are life-changing, but an Ohio drug crimes defense attorney from KBN can help.
Our team has decades of experience helping alleged offenders fight drug charges. We will investigate your situation and review the prosecution’s accusations thoroughly. In the best-case scenario, we will have your charges dropped with no conviction so you can move on with your life.
If dismissal is not an option, we will still fight to have your charges reduced. We will work to avoid jail time and lower your fines. Lesser charges can be sealed or expunged after a period of time, reducing the collateral damage a criminal record can inflict.
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Connect with an Ohio Drug Crimes Defense Attorney Today
KBN is nationally recognized and has been Ohio’s premier criminal defense firm for over 30 years–and we want to help you. We offer wise, experienced counsel and have the keen legal instincts needed to provide you with superior, effective representation. Connect with us today and trust your case with a skilled Ohio drug crime defense lawyer from our team. We are ready to listen and ready to help.
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