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Understanding Controlled Substance Possession Charges in Ohio

Key Points on Drug Possession Offenses

Possessing illegal substances is a critical factor in many drug-related crimes in Ohio. The seriousness of possession charges varies significantly, with some offenses classified as felony crimes that carry severe legal repercussions.

Even possessing small amounts of illicit substances can lead to harsh penalties. These legal ramifications often result in long-term personal and professional challenges that are difficult to overcome.

Facing a drug possession charge in Carroll County or surrounding areas? Before speaking with law enforcement, it’s crucial to seek experienced legal advice. Contact the Youngstown Criminal Law Group for immediate assistance.

With years of experience as a Carrollton criminal lawyer, Sean Logue provides staunch defense for those charged with drug offenses. Reach out today for a private, free-of-charge consultation to discuss your case in confidence.

Ohio’s Stance on Controlled Substance Possession

Under Ohio Revised Code § 2925.11, it’s generally illegal to obtain, possess, or use controlled substances unless expressly authorized. Violations of these laws are taken seriously, with penalties depending on a variety of factors including the type and quantity of the drug, as well as the individual’s prior criminal record.

The prosecution and penalties are determined based on the specific drug involved and the circumstances of the case. Below is a breakdown of offenses according to Ohio laws.

Schedule I or II Controlled Substances

Drug AmountOffense LevelKey Details
Under Bulk AmountFifth-Degree FelonyGoverned by Ohio Revised Code § 2929.13(B), even minimal amounts carry serious penalties.
Bulk Amount to Less Than 5 Times BulkThird-Degree FelonyThere’s a presumption of prison time due to the increased quantity involved.
5 to Less Than 50 Times BulkSecond-Degree FelonyThis offense mandates a prison sentence due to its increased severity.
50 to Less Than 100 Times BulkFirst-Degree FelonyConviction requires mandatory imprisonment.
100 Times Bulk or MoreFirst-Degree FelonyMaximum prison sentencing highlights the severity of substantial quantities.

Schedule III, IV, or V Controlled Substances

Drug AmountOffense LevelKey Details
Less Than Bulk AmountNo Specific Penalty NotedCertain levels are exempt from specific penalties according to state law.
Bulk Amount to Less Than 5 Times BulkFourth-Degree FelonyAs quoted under Ohio Revised Code § 2929.13(C).
5 to Less Than 50 Times BulkThird-Degree FelonyStrong presumption for imprisonment.
50 Times Bulk or MoreSecond-Degree FelonyMandates a prison sentence as part of the penalty.

Controlled Substances and Common Drugs

Marijuana (Marihuana)

  • Under 100 grams – Minor Misdemeanor; generally no jail time.
  • 100 to 200 grams – Fourth-Degree Misdemeanor; incarceration is rare.
  • 200 to 999 grams – Fifth-Degree Felony; penalties outlined in Ohio Revised Code § 2929.13(B).
  • 1,000 to 5,000 grams – Third-Degree Felony; more serious implications as detailed under § 2929.13(C).
  • 5,000 to 20,000 grams – Third-Degree Felony; carries a presumption of prison time.
  • 20,000 to Less Than 40,000 grams – Second-Degree Felony; mandatory imprisonment ranging from 5-8 years.
  • Over 40,000 grams – Second-Degree Felony; carries mandatory maximum prison sentencing.

Cocaine

  • Under 5 grams – Fifth-Degree Felony; governed by Ohio Revised Code § 2929.13(B).
  • 5 to 9.99 grams – Fourth-Degree Felony.
  • 10 to 19.99 grams – Third-Degree Felony; may involve mandatory imprisonment with two or more prior felony convictions.
  • 20 to 26.99 grams – Second-Degree Felony; mandatory sentence applies.
  • 27 to 99.99 grams – First-Degree Felony; conviction results in mandatory imprisonment.
  • 100 grams or more – First-Degree Felony; maximum mandatory sentence applies.

Controlled substances lead to complex legal landscapes. Hiring a Carrollton OVI lawyer who understands these specifics is critical for navigating serious charges.

Don’t risk discussing your charges without legal representation by your side. A skilled Carrollton criminal lawyer from Youngstown Criminal Law Group can help you formulate a solid defense strategy. Reach out today for a free and confidential consultation call us at (330) 992-3036 about your case.

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