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Possession of a Controlled Substance

Simple possession offenses account for a significant majority of drug crimes in Ohio. Depending on the amount allegedly possessed, these crimes can be felony offenses that carry steep consequences.

Possession of larger amounts of a controlled substance can potentially lead to drug trafficking charges, but alleged possession of even seemingly miniscule amounts of an illegal drug can result in serious penalties. Any conviction for a drug-related offense can cause significant long-term hardships for alleged offenders.

Attorney for Possession of a Controlled Substance in Cincinnati, OH

Were you arrested for alleged drug possession in Hamilton County? You should avoid making any kind of statement to authorities until you have legal representation. Contact Joslyn Law Firm as soon as possible.

Brian Joslyn is an experienced criminal defense lawyer in Cincinnati who represents clients facing drug charges in communities all over southwest Ohio, including Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, and many others. Call (513) 399-6289 to have our attorney provide an honest and thorough evaluation of your case during a free, confidential consultation.


Overview of Possession of a Controlled Substance Crimes in Ohio


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Possession of a Controlled Substance Charges in Hamilton County

With only a few exceptions for certain authorized individuals, Ohio Revised Code § 2925.11 makes it illegal for a person to knowingly obtain, possess, or use a controlled substance or a controlled substance analog. The classification of the criminal offense and the possible type of sentence imposed depends on multiple factors, including the types of drug involved, the amount of the controlled substance in question, and possibly the alleged offender’s prior criminal record.

Possession of a controlled substance offenses are generally punishable as follows under Ohio Revised Code § 2925.11(C):

Drug

Amount

Offense Level

Guidance

Schedule I or Schedule II Controlled Substance

Less than bulk amount

Fifth-degree felony

Ohio Revised Code § 2929.13(B)

Equals or exceeds the bulk amount but is less than five times the bulk amount

Third-degree felony

Presumption for a prison term

Equals or exceeds five times the bulk amount but is less than 50 times the bulk amount

Second-degree felony

Mandatory prison term

Equals or exceeds 50 times the bulk amount but is less than 100 times the bulk amount

First-degree felony

Mandatory prison term

Equals or exceeds 100 times the bulk amount

First-degree felony

Mandatory maximum prison term

Schedule III, Schedule IV, or Schedule V Controlled Substance

Less than bulk amount

First-degree misdemeanor

None

Equals or exceeds the bulk amount but is less than five times the bulk amount

Fourth-degree felony

Ohio Revised Code § 2929.13(C)

Equals or exceeds five times the bulk amount but is less than 50 times the bulk amount

Third-degree felony

Presumption for a prison term

Equals or exceeds 50 times the bulk amount

Second-degree felony

Mandatory prison term

Marijuana (marihuana)

Less than 100 grams

Minor misdemeanor

None

100 grams or more but less than 200 grams

Fourth-degree misdemeanor

None

200 grams or more but less than 1,000 grams

Fifth-degree felony

Ohio Revised Code § 2929.13(B)

1,000 grams or more but less than 5,000 grams

Third-degree felony

Ohio Revised Code § 2929.13(C)

5,000 grams or more but less than 20,000 grams

Third-degree felony

Presumption for a prison term

20,000 grams or more but less than 40,000 grams

Second-degree felony

Mandatory prison term of five, six, seven, or eight years.

40,000 grams or more

Second-degree felony

Mandatory maximum prison term

Cocaine

Less than 5 grams

Fifth-degree felony

Ohio Revised Code § 2929.13(B)

5 grams or more but less than 10 grams

Fourth-degree felony

Ohio Revised Code § 2929.13(B)

10 grams or more but less than 20 grams

Third-degree felony

Presumption for a prison term, but mandatory if alleged offender has two or more prior felony drug abuse convictions

20 grams or more but less than 27 grams

Second-degree felony

Mandatory prison term

27 grams or more but less than 100 grams

First-degree felony

Mandatory prison term

100 grams or more

First-degree felony

Mandatory maximum prison term

Lysergic acid diethylamide (LSD)

Less than 10 unit doses in solid form or less than 1 gram in liquid form

Fifth-degree felony

Ohio Revised Code § 2929.13(B)

10 unit doses or more but less than 50 unit doses in solid form, or 1 gram or more but less than 5 grams in liquid form

Fourth-degree felony

Ohio Revised Code § 2929.13(C)

50 unit doses or more but less than 250 unit doses in solid form, or 5 grams or more but less than 25 grams in liquid form

Third-degree felony

Presumption for a prison term

250 unit doses or more but less than 1,000 unit doses in solid form, or 25 grams or more but less than 100 grams in liquid form

Second-degree felony

Mandatory prison term

1,000 unit doses or more but less than 5,000 unit doses in solid form, or 100 grams or more but less than 500 grams in liquid form

First-degree felony

Mandatory prison term

5,000 unit doses or more in solid form, or 500 grams or more in liquid form

First-degree felony

Mandatory maximum prison term

Heroin

Less than 10 unit doses in solid form or less than 1 gram in liquid form

Fifth-degree felony

Ohio Revised Code § 2929.13(B)

10 unit doses or more but less than 50 unit doses in solid form, or 1 gram or more but less than 5 grams in liquid form

Fourth-degree felony

Ohio Revised Code § 2929.13(C)

50 unit doses or more but less than 100 unit doses in solid form, or 5 grams or more but less than 10 grams in liquid form

Third-degree felony

Presumption for a prison term

100 unit doses or more but less than 500 unit doses in solid form, or 10 grams or more but less than 50 grams in liquid form

Second-degree felony

Mandatory prison term

500 unit doses or more but less than 1,000 unit doses in solid form, or 50 grams or more but less than 100 grams in liquid form

First-degree felony

Mandatory prison term

1,000 unit doses or more in solid form, or 100 grams or more in liquid form

First-degree felony

Mandatory maximum prison term

Hashish

Less than 5 grams in solid form or less than 1 gram in liquid form

Minor misdemeanor

None

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

None

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

Ohio Revised Code § 2929.13(B)

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

Ohio Revised Code § 2929.13(C)

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

Presumption for a prison term

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

Mandatory prison term of five, six, seven, or eight years

2,000 grams or more in solid form, or 400 grams or more in liquid form

Second-degree felony

Mandatory maximum prison term

Controlled substance analog (synthetic drugs)

Less than 10 grams

Fifth-degree felony

Ohio Revised Code § 2929.13(B)

10 grams or more but less than 20 grams

Fourth-degree felony

Presumption for a prison term

20 grams or more but less than 30 grams

Third-degree felony

Presumption for a prison term

30 grams or more but less than 40 grams

Second-degree felony

Mandatory prison term

40 grams or more but less than 50 grams

First-degree felony

Mandatory prison term

50 grams or more

First-degree felony

Mandatory maximum prison term


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Possession of a Controlled Substance Penalties in Cincinnati

The length of the possible jail or prison sentences and the amount of the possible fines if alleged offenders are convicted depend on the classification of the alleged drug crime. Convictions can generally result in the following possible maximum sentences:

  • Minor Misdemeanor — Fine of up to $100;
  • Fourth-Degree Misdemeanor — Up to 30 days in jail and/or fine of up to $250;
  • First-Degree Misdemeanor — Up to 180 days in jail and/or fine of up to $1,000;
  • Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or
  • First-Degree Felony — Up to 11 years in prison and/or fine of up to $20,000.

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Ohio Possession of a Controlled Substance Resources

Drug Abuse Trends in the Cincinnati Region | Ohio.gov — The Ohio Substance Abuse Monitoring (OSAM) Network consists of eight regional epidemiologists and conducts focus groups and individual qualitative interviews with active and recovering drug users and community professionals to produce epidemiological descriptions of local substance abuse trends. View a regional report for Cincinnati that examines substance abuse trends for the area relating to cocaine, heroin, and other drugs. The report concludes that crack cocaine, ecstasy, heroin, marijuana, prescription opioids, sedative-hypnotics, Suboxone, methamphetamine, prescription stimulants, and synthetic marijuana remained “highly available” in the Cincinnati region.

Cincinnati, Ohio | National Institute on Drug Abuse (NIDA) — NIDA is the federal government research institute within the U.S. Department of Health and Human Services with the mission “to advance science on the causes and consequences of drug use and addiction and to apply that knowledge to improve individual and public health.” View the full text of a January 2014 report on drug abuse patterns and trends in Cincinnati. The report found that heroin surpassed marijuana as the predominant drug problem in Cincinnati in the first half of 2013.


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Joslyn Law Firm | Cincinnati Possession of a Controlled Substance Defense Lawyer

If you were arrested anywhere in southwest Ohio for alleged possession of an illegal drug, it will be in your best interest to retain legal counsel as soon as possible. Joslyn Law Firm aggressively defends individuals in Montgomery, Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami, and many surrounding areas of Hamilton County.

Cincinnati criminal defense attorney Brian Joslyn will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. He can review you case and discuss all of your legal options when you call (513) 399-6289 or complete an online contact form to schedule a free initial consultation.


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