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Understanding Controlled Substance Possession Charges in Ohio
Key Points on Drug Possession Offenses
In Ohio, possessing illegal drugs is a critical aspect of drug-related legal issues. The seriousness of possession charges can range significantly, potentially being classified as felonies. Even small amounts of prohibited substances can bring about severe penalties and long-lasting consequences.
Legal Guidance for Drug Possession Accusations in Cadiz, OH
Facing drug possession allegations in Harrison County? It’s crucial to hold off on speaking with law enforcement until you consult a legal expert. Contact the Youngstown Criminal Law Group as soon as possible.
Sean Logue is an experienced defender against criminal charges in the Cadiz area. Reach out for a thorough, confidential, and complimentary case evaluation.
Ohio’s Stance on Controlled Substance Possession
Ohio largely prohibits acquiring, holding, or using illegal drugs, as outlined in Ohio Revised Code § 2925.11, except for certain authorized individuals.
Offenses related to controlled substance possession are measured by several factors:
- The type of drug involved
- The amount of the drug in question
- The accused individual’s prior criminal record
The Ohio Revised Code § 2925.11(C) typically determines the nature of sanctions for such violations.
Penalties by Drug Type and Quantity
These include substances like heroin, LSD, and cocaine. Penalties increase based on the quantity possessed.
| Drug | Drug Amount | Offense Level | Guidance |
| Schedule I or II Controlled Substances | Minimal Quantity (Under Bulk Amount) | Fifth-degree felony | Minimal possession carries significant legal consequences under Ohio Revised Code § 2929.13(B). |
| Moderate Quantity (Bulk to Less Than 5 Times Bulk) | Third-degree felony | Presumption of prison time due to the larger quantity involved. | |
| Substantial Quantity (5 to Less Than 50 Times Bulk) | Second-degree felony | Mandatory prison sentence, reflecting the seriousness of the offense. | |
| High Quantity (50 to Less Than 100 Times Bulk) | First-degree felony | Prison sentence is mandatory with no exceptions. | |
| Extreme Quantity (100 Times Bulk or More) | First-degree felony | Leads to the maximum prison sentence permitted by law. |
| Drug | Drug Amount | Offense Level | Guidance |
| Schedule III, IV, or V Controlled Substances | Possession Below Bulk Amount | No predefined penalties | No specific penalties detailed under this threshold. |
| Bulk Amount (But Less Than Five Times Bulk) | Fourth-degree felony | Governed by Ohio Revised Code § 2929.13(C). | |
| Five to Fifty Times Above Bulk | Third-degree felony | Presumption in favor of imprisonment applies. | |
| Exceeding Fifty Times Bulk Amount | Second-degree felony | Compulsory imprisonment sentence required. |
| Drug | Drug Amount | Offense Level | Guidance |
| Marijuana(Marihuana) | Under 100 grams | Minor misdemeanor | No jail time expected; typically a fine only. |
| 100 to 200 grams | Fourth-degree misdemeanor | Jail time is generally not imposed. | |
| 200 to 999 grams | Fifth-degree felony | Governed by Ohio Revised Code § 2929.13(B). | |
| 1,000 to 5,000 grams | Third-degree felony | Governed by Ohio Revised Code § 2929.13(C). | |
| 5,000 to 20,000 grams | Third-degree felony (higher presumption) | Potential prison time based on quantity. | |
| 20,000 to 40,000 grams | Second-degree felony | Mandatory prison sentence ranging from five to eight years. | |
| Over 40,000 grams | Second-degree felony | Imposition of maximum allowable prison sentence. |
| Drug | Drug Amount | Offense Level | Guidance |
| Lysergic Acid Diethylamide (LSD) | Under 10 doses (solid) or under 1 gram (liquid) | Fifth-degree felony | Penalized under Ohio Revised Code § 2929.13(B). |
| 10 to 49 doses (solid) or 1 to 4.99 grams (liquid) | Fourth-degree felony | Governed by Ohio Revised Code § 2929.13(C). | |
| 50 to 249 doses (solid) or 5 to 24.99 grams (liquid) | Third-degree felony | Presumption favoring prison sentence. | |
| 250 to 999 doses (solid) or 25 to 99.99 grams (liquid) | Second-degree felony | Mandatory prison sentence applies. | |
| 1,000+ doses (solid) or 100 grams (liquid) | First-degree felony | Maximum mandatory prison sentence imposed. |
| Drug | Drug Amount | Offense Level | Guidance |
| Hashish | Less than 5 grams (solid) or less than 1 gram (liquid) | Minor misdemeanor | No offense carries jail time at this level. |
| 5 to 10 grams (solid) or 1 to 2 grams (liquid) | Fourth-degree misdemeanor | Generally no incarceration involved. | |
| 10 to 50 grams (solid) or 2 to 10 grams (liquid) | Fifth-degree felony | Governed by Ohio Revised Code § 2929.13(B). | |
| 50 to 250 grams (solid) or 10+ grams (liquid) | Third-degree felony | Presumed incarceration follows conviction. | |
| Over 1,000 grams | Second-degree felony | Mandatory prison term ranging five to eight years. |
Possession of a Controlled Substance Penalties in Cadiz
Understanding the consequences of being convicted for drug-related offenses in Cadiz is vital. The severity of the penalties largely depends on the type of offense you’re accused of. We’ve simplified the potential penalties below to help you grasp what’s at stake.
For expert guidance and representation, consider contacting a Cadiz traffic ticket lawyer to ensure your rights are protected.
Potential Penalties Based on Offense Level:
Minor Misdemeanor:
- A potential fine of up to $100.
Fourth-Degree Misdemeanor:
- Possible jail time of up to 30 days.
- Alternatively, or in addition, a fine up to $250.
First-Degree Misdemeanor:
- Jail time could reach up to 180 days.
- A fine of up to $1,000 may be imposed.
Fifth-Degree Felony:
- Imprisonment could last up to 12 months.
- A fine up to $2,500 may accompany this sentence.
Fourth-Degree Felony:
- Prison time might extend to 18 months.
- The fine can be up to $5,000.
Third-Degree Felony:
- A prison sentence of up to 60 months is possible.
- Additionally, fines could be up to $10,000.
Second-Degree Felony:
- Prison terms may last up to eight years.
- Fines could be as high as $15,000.
First-Degree Felony:
- The most severe penalty includes up to 11 years in prison.
- A daunting fine of up to $20,000.
Facing such penalties can be intimidating, highlighting the need to understand the legal landscape or seek expert legal advice if you or someone you know is facing these charges.
Legal Representation for Drug Possession Charges in Harrison County, OH
Navigating the complexities of drug possession charges in Ohio can be overwhelming. It is vital to enlist the services of a Cadiz criminal lawyer to help you through this process.
When confronted with accusations of possessing controlled substances in Cadiz or anywhere within Harrison County, engaging a skilled Cadiz criminal attorney, such as a lawyer is crucial.
Experience That Matters – Attorney Sean Logue
Cadiz criminal lawyer Sean Logue is committed to defending your rights and striving to minimize potential penalties and impacts on your life.
Schedule Your Complimentary Case Evaluation
Understanding your legal position and options is the first step:
- Benefit from a no-cost consultation to evaluate the specifics of your case.
- Discuss comprehensive legal strategies tailored for you.
Contact us at (330) 992-3036 or fill out our online form to arrange your free initial consultation. With Youngstown Criminal Law Group, turn your right to assertive defense into a reality.