In Ohio, drug possession is defined under the Ohio Revised Code Section 2925.111. According to this law, no person shall knowingly possess, obtain or use a controlled substance or a controlled substance analog. This law applies to all controlled substances, which are classified into five schedules (I-V) based on their potential for abuse and recognized medical uses.
The penalties for drug possession in Ohio vary based on several factors, including the type of drug, the amount possessed, the location (e.g., near a school), and prior drug convictions. It should be noted that there are exceptions for medical professionals and those appropriately prescribed the drugs by them. Possession can be a felony or misdemeanor depending on the circumstances. Here are some general penalties:
Misdemeanor charges
These lesser charges often involve the following:
- Minor Misdemeanor: Possession of a small amount of illegal drugs or paraphernalia. Penalties can typically include a fine of up to $150.
- Misdemeanor of the Fourth Degree: Possession of marijuana between 100 and 200 grams. Maximum penalties are a fine of up to $250 or 30 days in jail and .
Felony charges
These are more serious charges with the likelihood of prison time:
- Felony of the Fifth Degree: Possession of substances like cocaine, heroin, or methamphetamine in small amounts. Penalties can include 6 to 12 months in prison and fines up to $2,500.
- Felony of the Fourth Degree: Larger amounts of controlled substances or possession of drugs with higher abuse potential. Penalties can include 6 to 18 months in prison and fines up to $5,000.
- Felony of the Third Degree: Significant quantities of controlled substances. Penalties may include 1 to 5 years in prison and fines up to $10,000.
- Felony of the Second Degree: Possession of very large quantities of controlled substances. Penalties can include 2 to 8 years in prison and fines up to $15,000.
- Felony of the First Degree: The largest quantities or the most severe drugs. Penalties can include 3 to 11 years in prison and fines up to $20,000.
Please note that these are general penalties and the specific penalties can vary depending on the circumstances of each case and the criminal history of the defendant.
There can be additional consequences
While fines and penalties are typical, the courts may also impose the following as alternatives:
- Driver’s License Suspension: Conviction for drug possession can lead to a mandatory driver’s license suspension ranging from six months to five years.
- Probation: Individuals may be eligible for this instead of incarceration, especially for first-time offenders.
- Drug Treatment Programs: Courts may require participation in drug treatment programs as part of sentencing, especially for non-violent offenders.
Seeking legal support
It’s always recommended to speak with a criminal defense attorney with experience handling similar drug charges. They can provide knowledgeable guidance tailored to the specifics of your case. Outcomes can be reduced or alternate charges or penalties, or even the court dismissing the charges.