Drug Possession and Trafficking
How serious are drug-related charges?
Drug-related charges in Ohio courts have become exceedingly common in recent years. Penalties can range from a Minor Misdemeanor for possession of marijuana, to a 1st degree felony for possessing or trafficking in certain substances.
While such charges can come with very heavy penalties, many Ohio judges recognize the powerful grip that drugs have on persons and families, and have often responded by allowing for “second chances.” Thus, probation is common, as many judges view treatment for as preferable to prison time.
Nevertheless, a conviction on drug-related charges is a serious matter and can have a profound impact on such matters as employment, housing, child custody, and your right to possess a firearm.
What types of drug-related charges exist?
Drugs are categorized according to their chemical nature, how likely they are to be abused, and by their medical use. They are set out in “schedules.”
Schedule I
Schedule I drugs are those the government has concluded have no medical use
- Heroin
- Ecstasy
- LSD
- Marijuana
Schedule II-V
Schedules II through V are for drugs found to have some medical use
- Schedule II
- Methamphetamine
- Cocaine
- Opiods (e.g., fentanyl, oxycodone)
- Schedule III
- Stimulants and barbiturates (“downers”). These are often analgesics (painkillers).
- Schedule IV
- Examples include anti-anxiety meds and antidepressants
- Schedule V
- Stimulants and barbiturates (“downers”) found to have a low incidence of abuse.
- Note:
- Ohio includes a special category for what it calls “dangerous drugs.” These are prescription drugs, which are deemed dangerous in certain circumstances (e.g., you have no prescription for it).
Ohio law prohibits a variety of drug-related behaviors for which there is a complex set of penalties. The most common offenses I’ve seen are referred to below.
Possession
Simple “possession of ______” can refer to:
- Marijuana
- Cocaine
- LSD
- Heroin
- Fentanyl
- Hashish
Penalties for possession of these drugs are largely tied to the amount of the drugs possessed. Of course, the more you have, the worse the penalty. As noted above, possession can be charged from the lowest misdemeanor to the highest level felony.
Aggravated Possession
The term “aggravated” is used to identify Sch. I and Sch. II drugs that are not one of those listed above. Examples are:
- Methamphetamine
- Ecstasy
- Opiods (e.g., fentanyl, oxy)
As with “simple possession,” penalties are tied to the amount of the drug and can range from the lowest to the highest level charge.
Possession of Drug Parphernalia
Ohio uses a broad definition of “drug paraphernalia,” which applies to most anything that is used or intended to be used to do such things as spread, grow, manufacture, process, prepare, package, store, or ingest a controlled substance.
- Examples of drug paraphernalia are:
- Pipes for smoking
- Scales for weighing
- Baggies for packaging
- Syringes for injecting
- U.S. currency (rolled up for snorting)
- Razor blades for cutting
- Note: Under Ohio law, “possession” does not mean “ownership.” Possession can occur when you exercise some level of control over a drug or item.
Trafficking in Drugs
Ohio’s Trafficking statute uses the same schedules and categories as for Possession. Unless you are licensed to do so (e.g., pharmacists), it is illegal to “traffic” in any of the scheduled drugs. Thus, you can be charged with Trafficking if you sell or offer to sell a controlled substances, or even if you just prepare the substance for trafficking (e.g., packaging, shipping, delivering, etc.).
- Note: Money does not need to change hands. If you give drugs away, you can be charged with trafficking.
As with “simple possession,” penalties are tied to the amount of the drug and can range from the lowest to the highest level charge.
How can Attorney Tovanche help me?
Avoiding a conviction of any sort would be the over-arching approach. There are any number of ways to look at the large variety of charges listed above. Because the law requires the State to prove exactly what the statute prohibits, there are many ways to undermine the State’s case. For example:
- Was there a legal search and seizure? If there was no legal basis for either the search or the seizure, we might get a dismissal altogether.
- If there was a dog sniff, was it done appropriately? Were the dog and the officer both adequately trained?
- Were you driving when the incident occurred? If so, was the stop of your vehicle legal? If there was no legal basis for the stop, we might get a dismissal altogether.
- Did officers secure the substance appropriately and transfer it through a traceable chain of custody?
- Did the lab receive the substance via proper channels, and did qualified personnel test the substance according to proper procedures? Were the results verified by other qualified personnel?
What if a conviction seems likely?
First, remember that a case that seems like a “slam dunk” for the prosecution may not actually go very far. We’ll look at the whole picture to see whether dismissal is possible, from the very beginning. If not, and a conviction seems likely, I will tell you so. In that case, I would work with you to lessen the impact on your life by negotiating a plea deal and arguing for the best sentence under the circumstances.
Negotiating a plea deal and sentencing recommendation from the State would involve such things as your:
- Attending counseling or substance abuse treatment (preferably before the case proceeds very far)
- Completion of a presentencing report and a drug and alcohol evaluation through the probation department
- Agreeing to substance abuse treatment as part of the sentence
- Agreeing to abstain from alcohol and controlled substances (with random testing)
- Note: Did drug/alcohol use, mental illness, or intellectual disability contribute to the offense? For certain offenses, it is possible that such contributing factors can lead to an intervention program and ultimate dismissal of the charges without a conviction. It is called Intervention in Lieu of Conviction (ILC). A judge may allow this option for certain drug offenses. Plus, it is not intended for felonies of the first, second, or third degree.