Drug laws in Ohio vary depending on the substance in question, the amount in possession, and the alleged offender’s drug offense history. Just as laws vary, so does sentencing. For some drug-possession convictions, jail time is a possibility. However, even if jail is not part of the penalty, the consequences of a criminal record can have significant negative effects on your life.
If you are charged with drug possession, connect with a Columbus drug crime defense lawyer from Koffel, Brininger, and Nesbitt (KBN). Our team has extensive experience representing those charged with possession and other drug crimes and has been nationally recognized as Ohio’s premier criminal defense firm for over 30 years. Partnership with us puts you in the position of seeing possession charges and penalties dismissed completely or reduced.
Ohio’s Drug Possession Laws
Under Ohio’s Revised Code §2925.11, it is illegal to “knowingly obtain, possess, or use a controlled substance or a controlled substance analog.” A “controlled substance analog” is a substance whose chemical structure mimics the chemical structure of a controlled substance. According to Ohio Revised Code §37190.1 (Z), one of the following conditions applies to an analog substance:
- It has “a stimulant, depressant, or hallucinogenic effect on the central nervous system,” and that effect is “substantially similar to or greater than” the effect of a schedule I or II controlled substance”
- The person (possessor or user) intends for the substance to have that effect (stimulant, depressant, or hallucinogenic)
The Ohio “Drug Offense Quick Reference Guide” establishes the sentencing requirements for drug possession, drug trafficking, drug assembly, and drug manufacturing. For each offense, drugs are grouped into categories or listed individually. Charges for possession range from minor misdemeanors to Class 1 through 5 felonies.
The Reference Guide includes the following drugs/drug categories:
- Schedule I or II
- Schedule III, IV, V
- Marijuana
- Cocaine: Powder
- LDS: Solid
- LSD: Liquid
- Heroin
- Hashish: Solid
- Hashish: Liquid
- Controlled Substance Analog
The United States Department of Justice (DOJ) has published an alphabetical list of all controlled substances, identifying their corresponding schedules (I through V). The drug’s potential to cause abuse and dependence, psychological or physical, determines its schedule, with Schedule I representing those with the highest risk and Schedule V those with the lowest risk.
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Penalties for Misdemeanor Drug Possession Charges
Within the misdemeanor category, there are still levels of severity. There are minor misdemeanors (MM), and then misdemeanor charges range from class 1 to class 4, with class 1 being the most serious. A repeat offense for possession of a Schedule III, IV, or V substance increases charges from a Class 1 misdemeanor to a Class 5 felony, and a drug crimes defense attorney in Ohio can work to get your charges reduced, if not dismissed, so that you can see diminished penalties.
Minor Misdemeanor Penalties
Offenders for MM convictions face “financial sanctions” but no jail time under Ohio Revised Code §2929.28. These financial sanctions, or fines, are not more than $150. In recent years, many Ohio local municipalities established local decriminalization laws, reducing or removing penalties for low-level marijuana possession.
More Serious Misdemeanor Penalties
Ohio Code 2929.28 establishes these maximum financial penalties for more serious misdemeanor convictions:
- Class 1: $1,000
- Class 2: $750
- Class 3: $500
- Class 4: $250
Ohio Revised Code §2929.24 details possible maximum jail time for misdemeanor convictions. Offenders are also responsible for paying any fees or confinement costs.
- Class 1: 180 days
- Class 2: 90 days
- Class 3: 60 days
- Class 4: 30 days
Penalties for Felony Drug Possession Convictions
As with misdemeanor penalties, consequences for felony convictions have a range of possibilities depending on the class of the felony, but you can face prison time even as a first-time drug offender. More serious penalties are in place for class 1 than class 5 felonies. According to the Ohio Sentencing Guide, penalties for Class 1 and 2 felony possession charges include mandatory prison time. For class 3 felonies, the guide is “in favor” of incarceration, depending on the specifics of the offense.
The sentencing guide is complex. Sentences can also be affected by aggravating or mitigating factors. If you are charged with a drug possession offense, you need a skilled Ohio drug crime defense attorney to challenge any aggravating factors presented by the prosecution and present mitigating factors on your behalf.
Aggravating factors make a crime and the penalties more severe. A history of convictions, for example, is an aggravating factor. Mitigating factors can reduce the severity of the charges and convictions–showing extreme remorse can serve as a mitigating factor.
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Fines and Prison Times for Felony Offenses
The Felony Sentencing Quick Reference Guide describes the aggravating and mitigating factors considered when sentencing felony offenders and offers a specific section on Mandatory Prison Terms for certain drug offenses. Section 2929.13 of the Ohio Revised Code offers a comprehensive, specific explanation of the sanctions imposed on penalty offenders. For the best case outcome, those charged must secure representation from a skilled drug crimes defense attorney in Ohio who has a complete understanding of these laws and how to navigate them effectively.
Possible felony prison terms are established in Revised Code §2929.14 but can vary depending on specific case factors.
- Class 1: terms ranging from 3 to 11 years
- Class 2: terms ranging from 2 to 8 years
- Class 3: Terms ranging from 9 to 60 months
- Class 4: Terms ranging from 6 to 18 months
- Class 5: 6 to 12 months
Ohio Code 2929.18 establishes these maximum financial sanctions for felony convictions:
- Class 1: 420,000
- Class 2: $15,000
- Class 3: $10,000
- Class 4: $5,000
- Class 5: $2,000
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We Are the Firm You Can Turn to for Help
Drug possession convictions can bring jail time–even long prison sentences. On top of that, there are other costs of being convicted of a crime, even those convictions that do not send you to prison. Who you have defending you against drug possession charges makes a major difference in your case outcome.
KBN offers exceptional, experienced representation. Our team will build a powerful defense specific to your case circumstances and will fight to protect your rights and deliver the most favorable possible results. The sooner you partner with us, the better, so reach out to speak with a strategic, capable Ohio drug crime defense lawyer from our firm today.
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