Felony Drug Trafficking
Drug trafficking is an incredibly serious crime under Ohio law. However, when the amount is equal to a felony charge then you could find yourself in trouble. Felony convictions have a lasting impact years after you’ve finished your prison or probation term. Many freed felons have issues gaining employment, educational opportunities or applying for housing.
A felony on your criminal record could uproot your daily life and hinder your personal and professional goals. We’re not even including the actual penalties to drug trafficking which can consist of expensive fines, treatment programs and time spent in prison. If you or someone you know has been charged with a felony-level drug trafficking offense, then it’s imperative you seek an experienced criminal defense attorney.
Cincinnati Lawyer for Felony Drug Trafficking in Ohio
Selling or distributing a controlled substance could result in serious criminal charges. If there’s a substantial amount of drugs, you could even be charged with a felony. That is why we highly recommend you seek an experienced drug trafficking lawyer to fight for your rights.
Contact Joslyn Law Firm for an attorney who has the experience and passion you need for your case. Our defense lawyers represent people accused of minor drug offenses to large-scale operations. No case is too big for us, so contact us now. We represent people throughout the Cincinnati area including Blue Ash, Harrison, Norwood and Cleves.
Overview of Felony Drug Trafficking
- What Separates a Felony and a Misdemeanor in Ohio?
- Ohio’s Drug Schedules
- Penalties for Drug Trafficking in Ohio
- Specific Penalties for Certain Drugs in Ohio
- Additional Resources
What Separates a Felony and a Misdemeanor in Ohio?
The state of Ohio divides criminal acts into two groups; felonies and misdemeanors. A crime is grouped based on what legislators believe their respective punishments should be. In Ohio, misdemeanors are considered serious crimes, but not to the extent of a felony. A person convicted of a misdemeanor can only be sentenced to jail at a maximum of 180 days.
The most heinous crimes are classified as felonies in Ohio. A felony charge consists of expensive fines starting at $2,500 and time spent in prison rather than jail. They’re separated into five degrees with the most grievous one being a first-degree felony, which has a maximum prison term of up to 10 years in prison. Many felony crimes involve a mandatory prison term so you can’t escape spending time in jail.
Many people charged with misdemeanors pay steep costs, but don’t spend time in jail. If they do, it’s a much shorter time frame than a felony offense. In addition, a person with a misdemeanor charge is likely to have issues gaining employment. However, a freed felon can find it nearly impossible to find a job or be eligible for a loan from the government.
Felons also face a much more heightened stigma than misdemeanants. If you’re charged with a felony, you might have issues maintaining your personal relationships. It could severely damage your reputation and break important relationships you’ve built over years.
Ohio’s Drug Schedules
The penalties for drug trafficking in Ohio depend on what schedule the substance has been categorized under. These schedules categorize controlled substances based on their practicality in the field of medicine and if they’re addictive. Ohio currently has five drug schedules that are closely modeled from the U.S. federal drug schedules.
- Schedule V – Drugs under schedule V have the lowest potential for any type of addiction but are frequently used in medicine. Some examples include over-the-counter medicines containing small amounts of codeine.
- Schedule IV – Controlled substances classified under schedule IV are known to be addictive if they are abused. However, many doctors prescribe schedule IV drugs legally to their patients such as Valium or Xanax.
- Schedule III – Substances under schedule III tend to induce chemical dependency, although they are used in medicine quite frequently. A few examples of these drugs include anabolic steroids, ketamine and barbituric acids.
- Schedule II – The drugs under schedule II have an incredibly high potential for dependency with little to no use in the medical field. Some examples include methadone, GHB and codeine.
- Schedule I – Controlled substances that are known to be extremely addictive are classified under schedule I. These drugs have no use in medicine and can be extremely harmful to the body. Some examples include peyote, marijuana or psilocybin.
Penalties for Felony Drug Trafficking in Ohio
Ohio bases its consequences for drug trafficking on what schedule the drug is under, the amount and the facts of the crime. Trafficking certain drugs such as schedule I or II controlled substances will result in an aggravated drug trafficking charge. You will also be charged with aggravated drug trafficking if the offense was near a church, school or a minor.
The following are the penalties for a felony-level drug trafficking charge.
|
|
Amount | Offense Level | Penalties |
|
Schedule III, IV, or V Drug |
Less than bulk amount | First-degree misdemeanor | A fine of up to $1,000 and up to 180 days in jail |
| Equals or exceeds the bulk amount, but less than five times the bulk amount | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| Equals or exceeds five times the bulk amount, but less than 50 times the bulk amount | Third-degree felony | A fine of up to $15,000 and up to 5 years in prison | |
| Equals or exceeds 50 times the bulk amount | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison |
|
|
Amount |
Offense Level |
Penalties |
|
Schedule I or Schedule II Drug |
Less than bulk amount | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison. |
| Equals or exceeds the bulk amount, but less than five times the bulk amount | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison. | |
| Equals or exceeds five times the bulk amount, but less than 50 times the bulk amount | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison. | |
| Equals or exceeds 50 times the bulk amount, but less than 100 times the bulk amount | First-degree felony | A fine of up to $20,000 and up to 11 years in prison. | |
| Equals or exceeds 100 times the bulk amount | First-degree felony | A fine of up to $20,000 and up to 11 years in prison |
Specific Felony Drug Trafficking Penalties in Ohio
Certain drugs in Ohio don’t follow the typical sentencing of the substances in their schedule. The state instead has specific penalties designated for these drugs for drug trafficking, possession and manufacturing. All these substances include marijuana, lysergic acid diethylamide (LSD), cocaine and heroin.
Drug |
Amount | Offense Level | Penalties |
| Cocaine | Less than 5 grams | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| At or over 5 grams, but less than 10 grams | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| At or over 10 grams, but less than 20 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 20 grams, but less than 27 grams | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
|
At or over 27 grams, but less than 100 grams |
First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| 100 grams or more | First-degree felony | A fine of up to $20,000 and up to 11 years in prison |
Drug |
Amount | Offense Level | Penalties |
| Lysergic acid diethylamide (LSD) | Less than 10 units in solid form or less than 1 gram in liquid form | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| 10 units or more but less than 50 units in solid form, or 1 gram or more but less than 5 grams in liquid form | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| 50 units or more but less than 250 units in solid form, or 5 grams or more but less than 25 grams in liquid form | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 250 units or more but less than 1,000 units in solid form, or 25 grams or more but less than 100 grams in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 1,000 units or more but less than 5,000 units in solid form, or 100 grams or more but less than 500 grams in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| 5,000 units or more in solid form, or 500 grams or more in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison |
Drug |
Amount | Offense Level | Penalties |
|
Heroin |
Less than 10 solid form units or less than 1 gram in liquid form | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| 10 solid form units or more but less than 50 units, or 1 gram or more but less than 5 grams in liquid form | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| 50 solid units or more but less than 100 units, or 5 grams or more but less than 10 grams in liquid form | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 100 solid units or more but less than 500 units, or 10 grams or more but less than 50 grams in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 500 solid units or more, but less than 1,000 units, or 50 grams or more but less than 100 grams in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| 1,000 solid units or more, or 100 grams or more in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison |
Drug |
Amount | Offense Level | Penalties |
|
Hashish or THC Concentrates |
Less than 5 grams in solid form or less than 1 gram in liquid form | Minor misdemeanor | Up to $100 in fines |
| 5 grams or more but less than 10 grams in solid form, or 1 gram or more but less than 2 grams in liquid form | Fourth-degree misdemeanor | A fine of up to $250 and up to 30 days in jail | |
| 10 grams or more but less than 50 grams in solid form, or 2 grams or more but less than 10 grams in liquid form | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison | |
| 50 grams or more but less than 250 grams in solid form, or 10 grams or more but less than 50 grams in liquid form | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 250 grams or more but less than 1,000 grams in solid form, or 50 grams or more but less than 200 grams in liquid form | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 1,000 grams or more but less than 2,000 grams in solid form, or 200 grams or more but less than 400 grams in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 2,000 grams or more in solid form, or 400 grams or more in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison |
|
|
Amount | Offense Level | Penalties |
|
Marijuana |
At or over 200 grams, but less than 1,000 grams | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| At or over 1,000 grams, but less than 5,000 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 5,000 grams, but less than 20,000 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 20,000 grams, but less than 40,000 grams | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison | |
| At 40,000 grams or more | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison |
Additional Resources
Ohio Citizen Advocates for Addiction Recovery – Visit the official site of Citizen Advocates for Addiction Recovery, a 501 non-profit organization that tirelessly works to ensure the rights of individuals who are struggling with addiction. Access the site to find extensive resources for people struggling with different types of drug addictions.
Drug Trafficking Laws in Ohio – Visit the official website for Ohio’s Revised Code to learn their drug trafficking laws. Access the code to view the various penalties, admissible defenses and aggravating factors for a person charged with drug trafficking in Ohio.
Drug Defense Lawyer for Trafficking in Hamilton County, OH
Have you been accused of trafficking drugs in the Hamilton County area? If so, we recommend you seek experienced legal representation. You can find skilled counsel by hiring a defense lawyer from Joslyn Law Firm. Our attorneys have years of knowledge defending people from drug charges such as manufacturing, possession or trafficking.
Call us now at (513) 399-6289 to set up your first consultation free. Joslyn Law Firm represents people throughout the greater Hamilton County area and surrounding counties including Butler County, Warren County, Franklin County and Delaware County.
