Getting caught by law enforcement with any amount of drugs on you warrants a drug possession charge which can have consequential effects. Most of the drug crimes in Ohio are classified as felonies, hence a conviction usually means prison or jail and a permanent criminal record that is detrimental to your future work prospects.
Our Toledo drug possession lawyers are adept with all Ohio drug crime laws and have a combined experience of over 70 years dealing with cases like this. If you have been charged with drug possession, we are here to help.
Our criminal defense attorneys of Patituce & Associates in Toledo, OH can contest your drug possession charge and help prevent a sentence or mitigate the consequences. If you’ve been found in possession of a controlled substance, time is vitally important.
Ohio Drug Possession Offenses
According to Ohio Revised Code § 2925.11, it is against the law to deliberately acquire, possess, or consume a controlled substance. The penalties for drug possession depend on the quantity and kind of controlled substance found.
Depending on the type of drug and quantity, your drug possession charge can either fall under a misdemeanor or a felony. Misdemeanors are less serious compared to felony drug convictions. They usually have a jail term of less than a year.
In Ohio, being found in possession of any Schedule I or II drugs is automatically classified as a felony. What’s more, being caught with over 100 grams of marijuana is considered a felony. This is significantly more severe compared to a misdemeanor drug arrest, both in terms of prison time and financial ramifications.
Felonies fall under five degrees in Ohio, with F5 being the least and F1 being the most severe.
Penalties for Drug Possession in Ohio
According to Ohio Revised Code § 2925.11, it is against the law to deliberately acquire, possess, or consume a controlled substance. The penalties for drug possession in Ohio vary depending on:
- The type of drug you’ve been apprehended with
- The quantity of drugs found in possession
- Where you were caught with these drugs
The law generally views the possession of marijuana as a lesser crime compared to the possession of heroin or cocaine. For example, if you get apprehended with 100 grams of cocaine, you may face a jail term of up to 3-11 years and be charged a fine of $20,000. Meanwhile, if you get apprehended with 100 grams of marijuana, you may serve a jail term not exceeding 6 months.
How Does Ohio Classify Controlled Substances?
Ohio utilizes drug schedules to classify controlled substances involved. The grouping is based on how harmful the drug is, the potential for abuse, and how addictive it is.
Schedule I drugs are deemed to be the most dangerous due to their potential for addiction. They include LSD, heroin, ecstasy, and marijuana.
Schedule II drugs include OxyContin, methamphetamine, and cocaine. Examples of Schedule III drugs include testosterone and Anabolic steroids. Schedule IV drugs include Valium and Xanax among others. Schedule V drugs include Lomotil, Motofen, and Lyrica.
What Are Common Defenses Against Drug Possession Charges?
Defenses you can use to challenge a drug possession charge to depend on several factors, some of which include:
- Details of your case.
- Proof the prosecution has against you.
- How police handled your arrest and questioning.
If your criminal defense attorney can show that a seizure or search violated your 4th amendment constitutional rights, then some or all of the evidence may be dismissed. Police need probable cause or a warrant to conduct a search.
If the police didn’t read you your Miranda rights when you were arrested, your attorney can argue that your 5th Amendment rights were violated and that any incriminating statements you made to law enforcement should be dismissed as evidence.
In some situations, arguing that you didn’t know about the drugs and that they belonged to another person may be a viable defense.
There are two kinds of possession that the prosecution must be able to definitively prove to convict you. Actual possession means physically having the controlled substance. Constructive possession, which is more difficult to prove, means that you knew about the drugs in question.
You should consult with our Toledo drug possession attorneys at Patituce & Associates to learn more about possible defenses you can use for your case.
Call Our Skilled Toledo Drug Possession Lawyers Today!
If you are facing a drug possession charge in Ohio, you could be sentenced to some serious jail time or exorbitant penalties. At Patituce & Associates, we may be in a position to assist you to lessen the sentence or get the case dismissed entirely.
To learn more about what we can do for your drug possession charge, please call us at 419-737-4556 to get a free consultation!