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Ohio Drug Possession Law


An individual charged with the possession of drugs faces an important decision when they make the choice to retain or hire the services of an attorney to defend them. Drug offenses carry with them the possibility of many hard sanctions, such as the inability to drive for six months to five years. The mere possession of one gram of marihuana can result in the suspension of your license for six entire months. There is also the possibility that you may face mandatory prison time and then have the mandatory driver's license suspension.

I believe that it is very important that you know exactly what it is you face.  I am available to you 24-hours a day. Unless in court or another place that prohibits phone usage, I am available to you in an emergency, such as when a search warrant being served on your home. If you are in trouble, are being investigated, or have been charged, then you need to call me immediately. I offer a free initial consultation.

Here is additional specific information on some drug crimes:

Drug trafficking - click here

Manufacturing and cultivation - click here

Prescription drugs - click here

 

Below are examples of what you face when charged with a possession crime for some of the more common drugs:

 

Marijuana
  • Less than 100 grams is a minor misdemeanor (MM)

  • 200 grams but less than 1,000 grams is a fourth degree misdemeanor (M4)

  • 1,000 grams but less than 5,000 grams is a felony 5 (F5)

  • 5,000 grams but less than 20,000 grams is a felony 3 (F3) and a presumption of prison is applied

  • 20,000 grams or more is a felony 2 with a mandatory eight (8) year sentence

 Possession of cocaine - powdered or as crack
  • Less than 5 grams is a felony 5

  • 5 grams but less than 10 grams is a felony 4

  • 10 grams but less than 20 grams is a felony 3 and carries a presumption of prison

  • 20 grams but less than 27 grams is a felony 2 and requires a prison term

  • 27 grams but less than 100 grams is a felony 1 with a mandatory prison term

  • 100 grams or more is a felony 1 with a mandatory ten year prison term plus another one to ten years (this is a MDO or "major drug offense".  This time is mandatory.

Possession of LSD
  • Less than 10 unit doses in solid form or less than one gram in liquid form is a felony 5

  • 10 unit doses but less than 50 unit doses in a solid form or 1 gram but less than 5 grams in liquid form is a felony 4

  • 50 unit doses but less than 250 unit doses in solid form or 5 grams but less than 25 grams in liquid form is a felony 3 with a presumption of prison

  • 250 unit doses but less than 1000 unit doses in solid form or 25 grams but less than 100 grams in liquid form is a felony 2 with a mandatory prison term

  • 1000 unit doses but less than 5000 unit doses in solid form or 100 grams but less than 500 grams in liquid form is a felony 1 with a mandatory prison term

  • 5000 unit doses or more in solid form or 500 grams or more in liquid form is a felony 1 with a mandatory ten year prison term plus another one to ten years

Possession of Heroin
  • Less than 10 unit doses in solid form or less than one gram in liquid form is a felony 5

  • 10 unit doses but less than 50 unit doses in a solid form or 1 gram but less than 5 grams in liquid form is a felony 4

  • 50 unit doses but less than 100 unit doses in solid form or 5 grams but less than 10 grams in liquid form is a felony 3 with a presumption of prison

  • 100 unit doses but less than 500 unit doses in solid form or 10 grams but less than 50 grams in liquid form is a felony 2 with a mandatory prison term

  • 500 unit doses but less than 2500 unit doses in solid form or 50 grams but less than 250 grams in liquid form is a felony 1 with a mandatory prison term

  • 2500 unit doses or more in solid form or 250 grams or more in liquid form is a felony 1 with a mandatory ten year prison term plus another one to ten years


    F3 Trafficking in marijuana with a 1 year gun spec --- dismissed

    My client's brother, who suffered from a developmental disability, was "interviewed" by the police in order to find out who owned marijuana and a gun in the brother's apartment.  They put a load of pressure on the brother who then told the police my client was to blame.

    I was able to show that there was no evidence linking my client and the jury would see through the pressure they put on the affected brother.

    On my advice my client stuck to his guns and demanded a jury trial.  When the time for trial came, the charges were dismissed.