Were you or a loved one charged with drug possession in Cincinnati? If so, know that you’re not alone, and the experienced criminal defense lawyers at Moermond & Mulligan, L.L.C. stand ready to defend you against the charges you’re facing.
The consequences of a drug possession conviction extend beyond the long-held social stigma that persists today. In Ohio, the penalties for drug crimes can be severe, potentially including driver’s license suspension, jail time, prison sentences, forfeiture of property, fines, probation, and other sanctions. The collateral damage of a drug possession conviction can be far-reaching, impacting your employment prospects, professional licensing, insurance rates, firearm ownership, and even your eligibility for student financial aid. Our Cincinnati-based drug possession defense team understands the gravity of these consequences and is committed to crafting a strategic, personalized defense to help you avoid or minimize the impact of a conviction.
As experienced drug possession defense lawyers, we at Moermond & Mulligan, L.L.C. recognize that each drug possession case is unique. With our extensive knowledge of Ohio drug laws and proven track record of success, we will aggressively advocate to protect your rights and secure the best possible outcome for your case. If you or a loved one is facing drug possession charges, don’t hesitate to contact our Cincinnati office to schedule a consultation and begin building your defense today.
Understanding Ohio’s Controlled Substance Classification System
Controlled substances in Ohio (Admin Code Chapter 4729:9-1) are categorized into five distinct “schedules.” Schedule I encompasses the most hazardous drugs, based on the likelihood of abuse, addiction, and no acknowledged medical benefits. Schedules II through V are less dangerous, have a lower probability of abuse, and have more accepted medical uses. Schedule V substances are considered the least harmful.
Examples of drugs in each schedule are as follows:
- Schedule I drugs: heroin, MDMA (ecstasy), mescaline, L.S.D., psilocybin, and salvia divinorum
- Schedule II drugs: opium, oxycodone, fentanyl, amphetamine, and methamphetamine
- Schedule III drugs: ketamine, buprenorphine, and specific anabolic steroids
- Schedule IV drugs: barbital, diazepam, and lorazepam
- Schedule V drugs: ephedrine, limited-quantity codeine preparations, and FDA-approved cannabidiol medications
Illicit Drug Possession in Ohio
Controlled substances, except Schedule I drugs, can typically be obtained through a legitimate prescription. Nonetheless, knowingly possessing a Schedule I drug (which is always illegal) or a Schedule II, III, IV, or V drug without a valid prescription is considered a crime.
In drug possession cases, the prosecutor must prove beyond a reasonable doubt that the defendant was aware of the drugs and had actual or constructive possession of them. Actual possession refers to having the drugs on the person’s body, like in their hand or pocket. Constructive possession implies the person intended to maintain control over the drugs, such as those in a backpack or glove compartment.
Ohio Drug Possession Penalties
Penalties for drug possession in Ohio, as defined by O.R.C. §2925.11, vary depending on the specific drug and the amount involved. In some cases, the law outlines penalties based on dosage units or grams, as seen with cocaine and LSD. Other drugs have an assigned “bulk amount,” like Schedule I opiates, which have a bulk amount of 10 grams or 25 dosage units. In these instances, penalties are determined by whether the person possessed less or more than the bulk amount and, if more, by how much (5, 10, or 20 times more, for example).
Penalties for Schedule I and II Drug Possession
A defendant who illegally possesses Schedule I or II drugs (excluding marijuana, heroin, cocaine, L.S.D., hashish, and fentanyl-related compounds) is guilty of aggravated possession of drugs. Penalties vary according to the amount possessed.
- Less than the bulk amount: fifth-degree felony
- More than the bulk amount but less than five times the bulk amount: third-degree felony
- Five times the bulk amount or more but less than 50 times the bulk amount: second-degree felony (and a mandatory prison term)
- Fifty times the bulk amount or more but less than 100 times the bulk amount: first-degree felony (and a mandatory prison term)
- One hundred times the bulk amount or more: first-degree felony as a major drug offender (and a mandatory prison term)
Penalties for Schedule III, IV, and V Drug Possession
A defendant who illegally possesses a Schedule III, IV, or V drug faces the following penalties based on the amount possessed.
- Less than the bulk amount: first-degree misdemeanor for a first offense or fifth-degree felony for subsequent offenses
- Bulk amount or more but less than five times the bulk amount: fourth-degree felony
- Five times the bulk amount or more but less than 50 times the bulk amount: third-degree felony (with a presumptive prison term)
- Fifty times the bulk amount or more: second-degree felony (and a mandatory prison term)
Penalties for Cocaine Possession
Below are the penalties for illegal cocaine possession:
- Less than five grams: fifth-degree felony
- Five grams or more but less than 10 grams: fourth-degree felony
- Ten grams or more but less than 20 grams: third-degree felony
- Twenty grams or more but less than 27 grams: second-degree felony (and a mandatory prison term)
- Twenty-seven grams or more but less than 100 grams: first-degree felony (and a mandatory prison term)
- One hundred grams or more: first-degree felony as a major drug offender (and a mandatory prison term)
Penalties for LSD. Possession
Below are the penalties for the illegal possession of LSD:
- Fewer than 10 unit doses in solid form or less than one gram in liquid form: fifth-degree felony
- Ten doses or more but fewer than 50 doses in solid form or one gram or more but less than five grams in liquid form: fourth-degree felony
- Fifty doses or more but fewer than 250 doses in solid form or five grams or more but less than 25 grams in liquid form: third-degree felony
- Two hundred fifty doses or more but fewer than 1,000 doses in solid form or 25 grams or more but less than 100 grams in liquid form: second-degree felony (and a mandatory prison term)
- One thousand doses or more but fewer than 5,000 doses in solid form or 100 grams or more but less than 500 grams in liquid form: first-degree felony (and a mandatory prison term)
- Five thousand doses or more in solid form or 500 grams or more in liquid form: first-degree felony as a major drug offender (and a mandatory prison sentence)
Penalties for Heroin Possession
Below are the penalties for illegal heroin possession:
- Fewer than 10 unit doses or less than one gram: fifth-degree felony
- Ten doses or more but fewer than 50 doses or one gram or more but not more than five grams: fourth-degree felony
- Fifty doses or more but fewer than 100 doses or five grams or more but not more than 10 grams: third-degree felony
- One hundred doses or more but fewer than 500 doses or 10 grams or more but less than 50 grams: second-degree felony (and a mandatory prison term)
- Five hundred doses or more but fewer than 1,000 doses or 50 grams or more but less than 100 grams: first-degree felony (and a mandatory prison term)
- One thousand doses or more or 100 grams or more: first-degree felony as a major drug offender (and the maximum mandatory prison term)
Penalties for Fentanyl-Related Compounds
If a defendant knowingly possesses a drug that contains a fentanyl-related compound, the following penalties apply:
- Fewer than 10 doses or less than one gram: fifth-degree felony
- Ten doses or more but fewer than 50 doses or one gram or more but not more than five grams: fourth-degree felony
- Fifty doses or more but fewer than 100 doses or five grams or more but not more than 10 grams: third-degree felony
- One hundred doses or more but fewer than 200 doses or 10 grams or more but less than 20 grams: second-degree felony (and a mandatory prison term)
- Two hundred doses or more but fewer than 500 doses or 20 grams or more but less than 50 grams: first-degree felony (and a mandatory prison term)
- Five hundred doses or more but fewer than 1,000 doses or 50 grams or more but less than 100 grams: first-degree felony (and the maximum mandatory prison term)
- One thousand doses or more or 100 grams or more: first-degree felony as a major drug offender (and the maximum mandatory prison term)
Penalties for Controlled Substance Analogs
Below are the penalties for illegal possession of a controlled substance analog:
- Less than 10 grams: fifth-degree felony
- Ten grams or more but less than 20 grams: fourth-degree felony
- Twenty grams or more but less than 30 grams: third-degree felony
- Thirty grams or more but less than 40 grams: second-degree felony (and a mandatory prison term)
- Forty grams or more but less than 50 grams: first-degree felony (and a mandatory prison term)
- Fifty grams or more: first-degree felony as a major drug offender (and a mandatory prison
Additional Penalties for Drug Possession in Ohio
In addition to the penalties described above, the judge could suspend the defendant’s driver’s license for at least six months (up to five years). The court must also send conviction notifications to any professional licensing boards the defendant belongs to, per O.R.C. § 2925.38.
What is Ohio’s “Good Samaritan” Law?
According to the Ohio Department of Health, the state’s Good Samaritan Law provides individuals immunity from arrest and prosecution for minor drug possession offenses under specific conditions. This law encourages people to seek medical assistance for themselves or others experiencing a drug overdose without fear of legal repercussions.
To qualify for immunity, a person must:
- Act in good faith while seeking or obtaining medical assistance for themselves or someone else experiencing a drug overdose.
- Be discovered committing a minor drug possession offense (misdemeanor or fifth-degree felony) when police respond to a request for medical assistance.
- Not be on community control or post-release control.
- Not have received immunity under this law twice before.
It is important to note that immunity is not automatic. To receive immunity, a person must:
- Seek and obtain a screening and a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional within 30 days of requesting medical assistance.
- Provide the prosecuting attorney written verification that they sought and obtained a screening and received a referral for treatment within 30 days of the request for medical assistance.
The Good Samaritan Law prioritizes saving lives during drug overdose situations and encourages individuals to seek help without fear of legal consequences.
Common Defenses to Drug Possession Charges
The defenses available in a drug possession case are contingent on the specific circumstances involved, and they typically hinge on your knowledge at the time of arrest, the evidence the prosecution holds against you, and how the police conducted their investigation. Contact a drug possession defense lawyer at Moermond & Mulligan, LLC, to discuss the specifics of your situation and determine the most effective strategy for your case.
The most prevalent defenses for drug possession are:
- Inadvertent possession. This defense hinges on showing that you were unaware, or could not have reasonably known, that you were carrying or holding drugs. This might happen if you were holding a bag for someone else or delivering a package without knowing its contents.
- Absence of possession. This defense is based on the notion that you did not have “dominion and control” over the illicit substance, meaning you were not legally “in possession” of it. Examples of situations where this may apply include drugs discovered in a shared residence or a vehicle with multiple occupants.
- Violations of constitutional rights. Regardless of whether you possessed illegal drugs, law enforcement, prosecutors, and courts must adhere to proper procedures when handling your case. If you were subjected to an unlawful search during a traffic stop, not informed of your Miranda rights, or police entered your home without a warrant, any evidence obtained in your case might be deemed inadmissible in court.
Charged with Drug Possession? Contact a Cincinnati Drug Possession Defense Lawyer Right Away
Time is of the essence if you’ve been charged with drug possession in Ohio. Since you have a limited time to build a strong defense, you need an experienced drug possession defense attorney to fight for your rights and freedom. At Moermond & Mulligan, LLC, our attorneys have more than five decades of combined experience helping those accused of drug-related crimes seek positive outcomes for their cases.
Don’t let time slip away. Protect your future by reaching out to our Cincinnati criminal defense lawyers today. Call or contact us online for a confidential case evaluation and get the dedicated legal representation you deserve.