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Drug trafficking is a violation that includes selling, intent to sell, distributing, manufacturing, or cultivating a drug or drugs classified as a controlled substance.
Ohio and Federal Drug Schedules
| Schedule I |
Drugs deemed most dangerous with a high risk of addiction and no valid medicinal purpose such as heroin, GHB, LSD, marijuana, and ecstasy. |
| Schedule II |
Drugs that maintain a high abuse potential but could possibly have a valid medicinal purpose such as methamphetamines, methadone, amphetamines, opium, and cocaine. |
| Schedule III |
Drugs similar to Schedule II but carry an intermediate abuse potential such as anabolic steroids, testosterone, codeine, hydrocodone, ketamine, and certain depressants. |
| Schedule IV |
Drugs considered to be low risk of abuse with a very valid medicinal purposes such as sedatives and certain tranquilizers. |
| Schedule V |
Drugs considered to be extremely low risk of abuse with a valid medicinal purposes such as non-prescription preparations that have Codeine in them. |
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According to Ohio law, drug trafficking is either of the following:
1. Offering to sell or the sale of a drug classified as a controlled substance.
2. Preparing a drug classified as a controlled substance for shipment, delivery, transport, or distribution.
If you have been arrested for drug trafficking in Ohio, the charges you face can range from a misdemeanor to felony. Misdemeanors usually involve small amounts of Marijuana, whereas a felony be associated with large quantities of a Schedule I substance.
The Federal Government classification system used to determine the gravity of a drug offense also directs the potential sentence for a drug related crime. Ohio follows these Federal Government Drug Schedules but with modifications. The seriousness of a drug trafficking offense in Ohio is ranked not only according to the classification of the drug, but also the quantity, the situation, existence of previous drug offenses, and more. In addition, and depending on the circumstances, it is possible that you could also face federal prosecution.
It is possible to successfully challenge a drug trafficking charge in Ohio court, work out deals for reduced penalties, and other strategic options depending on your case. Some of the best defense approaches are only effective in the early stages, so act now.
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In the News: On December 13, 2007, the West Chester Township police officers obtained a search warrant for an apartment occupied by Fortino Alvarez Luna after receiving information from the Texas State Police that Luna was involved in the trafficking of marijuana. Upon executing the warrant, the officers found a trash bag containing 22 small plastic sandwich bags, each filled with approximately one-half pound of marijuana. They also discovered a second bag that contained a large bulk amount of marijuana. A total of 13,238.2 grams of marijuana were taken from Luna's bedroom. He was indicted on February 13, 2008, on one count of trafficking in marijuana in an amount equal to or exceeding 5,000 grams, but less than 20,000 grams, while in the vicinity of a juvenile, a felony of the second degree. Luna was convicted of the trafficking charge on March 10, 2008. He was sentenced to seven years in prison. On July 13, 2009, his conviction and sentence was affirmed. (State v. Luna, 2009-Ohio-3421)
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