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 in Cincinnati, OH. 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. 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. Any charges for possession with intent to sell are punished more harshly than charges for simple possession of a controlled substance.
Lawyer for Possession with Intent to Sell 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
- What is possession with intent to distribute in Ohio?
- What are the penalties for possession with intent to distribute in Ohio?
- Possession with intent to distribute marijauna in Ohio
- How long can alleged offenders be sentenced to prison for?
- Where can I learn more about possession with intent to sell in Cincinnati?
What is Possession with Intent to Distribute in Ohio?
Drug possession is a fairly common crime committed in the state of Ohio. However, you may not be aware that you could also face enhanced charges if the prosecution has reason to believe that you were possessing drugs with the intent to distribute or sell them. This crime is defined under the Ohio Revised Code Section 2925.03, which states you’re guilty of possession with intent to distribute if you:
- 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.
Often law enforcement will analyze the crime scene and if they find a surplus of drugs, packaging, and paraphernalia, they may enhance the charges to possession with intent. The prosecution does not need to prove you sold or distributed anything. The only thing they are required to prove is that you had intent to distribute or sell a controlled substance.
What is the Sentence for Possession with Intent to Distribute in Ohio?
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 |
|
|
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 |
|
|
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 |
Possession of Marijuana with Intent to Distribute in OH
Marijuana may be legalized in some states, but in Ohio possession and possession with intent to distribute cannabis is a crime. There’s no minimum amount for the crime of possession with intent, so law enforcement can charge you with the offense even if you didn’t possess a large amount of cannabis on you. Listed below are the penalties for possessing marijuana with intent to sell or distribute it:
- Less than 200 grams – Fifth Degree Felony
- Up to 12 months in prison; and
- A fine of up to $2,500
- 200 grams or more, but less than 1,000 grams – Fourth Degree Felony
- Up to 18 months in prison; and
- A fine of up to $5,000
- 1,000 grams or more, but less than 5,000 grams – Third Degree Felony
- Up to 60 months in prison; and
- A fine of up to $10,000
- 5,000 grams or more, but less than 20,000 grams – Third Degree Felony
- Up to 60 months in prison; and
- A fine of up to $15,000
- 20, 000 grams or more, but less than 40,000 grams – Second Degree Felony
- Up to 8 years in prison; and
- A fine of up to $20,000
- 40,000 grams or more – Second Degree Felony
- Mandatory maximum prison term
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.
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.
Finding a Lawyer for Possession with Intent to Sell Crimes in Cincinnati, OH
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 Cincinnati, Miami, Montgomery, Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, and many others.
Brian Joslyn is a criminal defense lawyer in Cincinnati, OH. He 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.
This article was last updated on Friday, November 17, 2017.
