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Possession with Intent to Sell

A person who sells, offers to sell, prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance or a controlled substance analog can be charged with possession with intent to distribute or sell. Under state law in Ohio, these crimes are formally classified as aggravated trafficking or trafficking in drugs.

It can be very difficult for a prosecutor to prove an alleged offender’s criminal intent beyond a reasonable doubt, and alleged trafficking offenses are usually based on such circumstantial evidence as an alleged offender also possessing a large amount of cash or being in possession of a large amount of a controlled substance that is divided into separate, equal amounts. Because possession with intent to sell or distribute offenses are essentially viewed as “drug dealer” activity, prosecutors will frequently seek very stiff prison sentences.

Lawyer for Possession with Intent to Sell Arrests in Cincinnati, OH

Were you recently arrested for alleged possession with intent to distribute or sell a controlled substance anywhere in Hamilton County? Do not say anything to authorities without legal representation. Contact Joslyn Law Firm today.

Brian Joslyn is an experienced criminal defense attorney in Cincinnati who represents clients accused of drug crimes in Green, Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, and many surrounding areas of southwest Ohio. He can review your case and help you understand all of your legal options when you call (513) 399-6289 to schedule a free initial consultation.


Overview of Possession with Intent to Sell Crimes in Ohio


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Possession with Intent to Sell Charges in Hamilton County

Under Ohio Revised Code § 2925.03, it is illegal for a person to do any of the following:

  • Sell or offer to sell a controlled substance or a controlled substance analog; or
  • Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the alleged offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the alleged offender or another person.

All offenses listed under this statute are considered either aggravated trafficking in drugs or trafficking in drugs offenses. The classification of such crimes depends on the amount and type of controlled substance involved as well as the alleged offender’s prior criminal record and the location of the alleged offense:

Drug

Amount

Offense Level

Guidance

Schedule I or Schedule II Controlled Substance

Less than bulk amount

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C)

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

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

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

Equals or exceeds 50 times the bulk amount

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

Marijuana (marihuana)

Less than 200 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B)

200 grams or more but less than 1,000 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

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

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term of five, six, seven, or eight years, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

40,000 grams or more

Second-degree felony

Mandatory maximum prison term

Cocaine

Less than 5 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

5 grams or more but less than 10 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

10 grams or more but less than 20 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term, but mandatory prison term if alleged offender has two or more prior felony drug abuse convictions or alleged offense was committed in the vicinity of a school or in the vicinity of a juvenile

20 grams or more but less than 27 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term, but mandatory prison term if alleged offender has two or more prior felony drug abuse convictions or alleged offense was committed in the vicinity of a school or in the vicinity of a juvenile

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, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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 or less than 1 gram

Fifth-degree felony

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

10 unit doses or more but less than 50 unit doses, or 1 gram or more but less than 5 grams

Fourth-degree felony

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

50 unit doses or more but less than 100 unit doses, or 5 grams or more but less than 10 grams

Third-degree felony

Presumption for a prison term

100 unit doses or more but less than 500 unit doses, or 10 grams or more but less than 50 grams

Second-degree felony

Mandatory prison term

500 unit doses or more but less than 1,000 unit doses, or 50 grams or more but less than 100 grams

First-degree felony

Mandatory prison term

1,000 unit doses or more, or 100 grams or more

First-degree felony

Mandatory maximum prison term

Hashish

Less than 10 grams in solid form or less than 2 grams in liquid form

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B)

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

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term of five, six, seven, or eight years, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory maximum prison term

Controlled substance analog (synthetic drugs)

Less than 10 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C)

10 grams or more but less than 20 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

20 grams or more but less than 30 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

30 grams or more but less than 40 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

40 grams or more but less than 50 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

50 grams or more

First-degree felony

Mandatory maximum prison term


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Possession with Intent to Sell Penalties in Cincinnati

Alleged offenders can receive any of the following sentences, depending on the classification of the alleged trafficking or aggravated trafficking offense:

  • 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.

People who are convicted of possession with intent to distribute or sell an illegal drug can also have their driver’s license suspended for up to six months.


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Ohio Resources for Possession with Intent to Sell

Addiction Services Council Cincinnati — The Addiction Services Council is a nonprofit, community-based organization that provides professional resources on alcohol, tobacco, and drug-related issues. It is one of 100 chapter affiliates of the National Council on Alcoholism and Drug Dependence (NCADD). Visit this website to learn more about the organization’s history, mission, and programs.

Addiction Services Council Office
2828 Vernon Place
Cincinnati, OH 45219
(513) 281-7880

Greater Cincinnati Area Service Committee of Narcotics Anonymous (GCASCNA) — NA is a global, community-based organization that sprang from the Alcoholics Anonymous (AA) program of the late 1940s and identifies itself as “a nonprofit fellowship or society of men and women for whom drugs had become a major problem.” The GCASCNA consists of NA members working together to serve the Fellowship of NA in the Cincinnati Area, but not to act as an authority over the area. On this website, you can find the times and locations of meetings in Ohio as well as Kentucky and Indiana.


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Joslyn Law Firm | Cincinnati Possession with Intent to Sell Defense Attorney

If you were arrested in southwest Ohio for alleged possession of a controlled substance with intent to distribute or sell, it is in your best interest to exercise your right to remain silent until you have legal counsel. Joslyn Law Firm aggressively defends clients in communities throughout Hamilton County, including Miami, Montgomery, Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, and many others.

Cincinnati criminal defense lawyer Brian Joslyn can fight to possibly get your criminal charges reduced or dismissed. Call (513) 399-6289 or fill out an online contact form to have our attorney provide a complete evaluation of your case during a free initial consultation.


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