Trafficking in Drugs

If you hear the term "drug trafficking," your mind may jump to large drug cartels. However, in Ohio the word drug trafficking applies to any person who is delivering or selling controlled substances. Drug crimes in Ohio have heavy penalties. The crime of drug trafficking is no exception.

Ohio Revised Code § 2925.03 states any person selling, offering to sell, shipping, transporting, delivering, or distributing a controlled substance is committing a crime. Drug trafficking charges can happen to a small time dealer or the head of a underground drug business.

No matter the circumstances, Ohio's justice system is not kind to those convicted of drug trafficking. If you or someone you know has been charged with trafficking drugs, it is in your best interest to contact an experienced criminal defense attorney.

Cincinnati Attorney for Drug Trafficking in Ohio

Drug trafficking is a serious offense in the state of Ohio. If convicted, a person may face incarceration and large fines. Additionally, Ohio does not limit a "sale" to drugs exchanged for cash. If a person transfers, gifts, or barters for a controlled substance he or she can still be charged for drug trafficking.

Have you been charged with drug trafficking in the greater Hamilton County area? It is recommended that you seek legal representation quickly. An experienced criminal defense attorney can use their resources to reduce or even dismiss your charges. Find that representation today with the attorneys at Joslyn Law Firm.

Our attorneys are compassionate with clients and aggressive in the courtroom. We believe that everyone is entitled to a fair trial in the face of criminal charges. Joslyn Law Firm wants to do all we can to obtain favorable results for your future. The attorneys at Joslyn Law Firm practice law with dedication and efficiency. Managing attorney, Brian Joslyn, exemplifies our legal excellence through his ranking as one of the 10 best criminal defense lawyers by the National Academy of Criminal Defense Attorneys.

The attorneys at Joslyn Law Firm represent those accused of drug trafficking throughout the greater Hamilton County area and surrounding cities including Cincinnati, Georgetown, Wilmington, Blue Ash, Cheviot, Fairfield, and Springdale.

Call us today at (513) 399-6289, or submit an online contact form to schedule a consultation today.

Overview for Drug Trafficking Charges in Cincinnati, Ohio


Drug Schedules defined under U.S. Law

Drug offense penalties are normally defined by the amount of controlled substance and the schedule it is categorized under. Drug schedules are classifications based on the drug's acceptable medical use, drug abuse, and dependency potential. Drug schedules are listed under the Controlled Substances Act under federal law.

The crime of drug trafficking determines the sentencing based on the drug schedule. Note that the lower the Schedule is (Schedule I or II) the higher the risk of abuse.

  • Schedule V
    • Lowest potential for abuse and has limited quantities of certain narcotics. Usually these drugs are used for antidiarrheal, antitussive, and analgesic purposes.
      • Examples are: Robitussin, Lomotin, Lyrica, Motofen, Parepectolin. 

  • Schedule IV
    • These drugs have a low potential for abuse and low risk of dependence.
      • Examples are: Darvon, Valium, Ativan, Ambien, Talwin, Xanax, Tramadol, Darvocet, Soma.

  • Schedule III
    • Drugs under Schedule III have a moderate to low potential for psychological and physical dependence.
      • Example are: Tylenol with codeine, ketamine, anabolic steroids, testosterone.

  • Schedule II
    • These drugs have a high potential for abuse. Use can lead to severe psychological and physical dependence.
      • Examples are: Vicodin, cocaine, methadone, fentanyl, meperidine, hyrdomorphone, methamphetamine, oxycodone, Dexedrine, Ritalin, and Adderall. 

  • Schedule I
    • Drugs that are Schedule I have the highest potential for abuse and are not currently accepted for any medical use.
      • Examples are: Marijuana, heroin, lysergic acid diethylamide (LSD), methylenedioxymethamphetamine (ecstasy), peyote, and methaqualone.

Drug Trafficking vs. Aggravated Drug Trafficking

There are two types of drug trafficking under Ohio law. The standard drug trafficking, and aggravated drug trafficking. These two classifications are based on whatever Schedule the controlled substance falls under, or whether aggravating factors existed such as whether the offense happened within the proximity of a school, a juvenile, or a church. A person charged with aggravated drug trafficking will have harsher penalties.

The following Schedules that define standard drug trafficking includes:

  • Schedule III
  • Schedule IV
  • Schedule V

The following Schedules, except for marijuana, cocaine, LSD, heroin, hashish, and analogs that define aggravated drug trafficking includes:

  • Schedule II
  • Schedule I

Penalties for Aggravated Drug Trafficking and Drug Trafficking in Ohio

Often drug trafficking charges will result in felony charges. A felony conviction is a high level of offense. Those who face felony charges may have to pay hefty fines and spend a period of time in prison. Additionally, he or she may have their driver's license suspended for up to five years.

Some of the most commonly trafficked drugs are cocaine, LSD, heroin, hashish, and marijuana. The following are the penalties for possession of certain controlled substances under Ohio law.

Heroin:

 

Amount of Heroin

 

Level of Offense

 

Maximum Fine

 

Maximum Prison Time

1 to 5 Grams

4th Degree Felony

$5,500 Fine

Up to 18 Months in Prison

5 to 10 Grams

3rd Degree Felony

$10,000 Fine

Up to 5 Years in Prison

10 to 50 Grams

2nd Degree Felony

$15,000 Fine

Up to 8 Years in Prison

50 to 250 Grams

1st Degree Felony

$20,00 Fine

Up to 10 Years in Prison

Greater than 250 Grams

1st Degree Felony

$2,500 Fine

Up to 11 Years in Prison & Mandatory Prison Term

 

Cocaine:

 

Amount of Cocaine

 

Level of Offense

 

Maximum Fine

 

Maximum Prison Time

5 to 10 Grams

4th Degree Felony

$5,500 Fine

Up to 18 Months in Prison

10 to 20 Grams

3rd Degree Felony

$10,000 Fine

Up to 5 Years in Prison

20 to 27 Grams

2nd Degree Felony

$15,000 Fine

Up to 8 Years in Prison

27 to 99 Grams

1st Degree Felony

$20,000 Fine

Up to 10 Years in Prison

100 Grams or More

1st Degree Felony

$20,00 Fine

Up to 11 Years in Prison & Mandatory Prison Term

 

Marijuana:

 

Amount of Marijuana

 

Level of Offense

 

Maximum Fine

 

Maximum Prison Time

200 to 999 Grams

4th Degree Felony

$5,500 Fine

Up to 18 Months in Prison

1000 to 4999 Grams

3rd Degree Felony

$10,000 Fine

Up to 5 Years in Prison

5000 to 19,999 Grams

3rd Degree Felony

$10,000 Fine

Up to 5 Years in Prison

20,000 to 39,999 Grams

2nd Degree Felony

$15,000 Fine

Up to 8 Years in Prison

40,000 Grams or More

2nd Degree Felony

$20,00 Fine

Up to 11 Years in Prison & Mandatory Prison Term

 

LSD:

Take note, LSD is measured in unit doses for LSD's solid form and grams for LSD's liquid form.

 

Amount of LSD

 

Level of Offense

 

Maximum Fine

 

Maximum Prison Time

10 to 49 Unit Doses

 

1 to 4 Grams

4th Degree Felony

$5,500 Fine

Up to 18 Months in Prison

50 to 249 Unit Doses

 

5 to 24 Grams

3rd Degree Felony

$10,000 Fine

Up to 5 Years in Prison

250 to 999 Unit Doses

 

25 to 99 Grams

2nd Degree Felony

$15,000 Fine

Up to 8 Years in Prison

1000 to 4999 Unit Doses

 

100 to 499 Grams

1st Degree Felony

$20,000 Fine

Up to 10 Years in Prison

5000 or More Unit Doses

 

500 Grams or More

1st Degree Felony

$20,00 Fine

Up to 11 Years in Prison & Mandatory Prison Term

 

Understand that there are certain circumstances that can enhance these penalties. If the offense happened in the vicinity of a school or juvenile, the penalties will be enhanced up a degree. Additionally, if the alleged offender has prior felony drug convictions his or her penalties may be enhanced.


Additional Resources 

Drug Schedules – The Drug Enforcement Administration (DEA) divides drugs into different Schedules based on their high risk of abuse and dependency. Visit the official website for the DEA and read more on the specifics of each Schedule and the drugs that fall under it.

Ohio Drug Trafficking Statute – Ohio's laws and rules regarding drug crimes and drug trafficking are on their website. Here you can see the statutory language surrounding controlled substances and the specifics on the penalties surrounding certain drugs.

Drugs of Abuse –Here you can view the Drug Enforcement Administration (DEA) Resource Guide made by the U.S. Department of Justice. See more information about federal trafficking penalties, and details on certain types of drugs.


Lawyer for Trafficking of Drugs in Cincinnati, Ohio

Are you currently charged with drug trafficking in the Southern and Central area of Ohio? You must act quickly. It is vital that you stay silent with law enforcement and seek legal representation from an experienced criminal defense attorney.

The criminal defense attorneys at Joslyn Law Firm have over 20 years of experience in handling all sorts of drug crimes in Ohio's legal system. We are passionate about criminal defense and advocating for our clients. Joslyn Law Firm is respected among the legal community. Firm founder, attorney Brian Joslyn, was voted as a top criminal defense lawyer in Columbus CEO Magazine. Obtain the experienced and compassionate attorney you need. Call Joslyn Law Firm at (513) 399-6289, and speak to an attorney about your case.

Our attorneys practice law throughout the Southern District of Ohio and surrounding counties including Batavia in Clermont County, Georgetown in Brown County, Cincinnati in Hamilton County, and Wilmington in Clinton County.

Do not hesitate. Send in an online contact form to schedule your free consultation today.


This article was last updated August 20, 2018.