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If you have been charged with possession of a controlled substance in Ohio, regardless of whether this is a first time experience with the Ohio criminal justice system or not, chances are you are worried about what will happen to you. The severity of the drug charge you face depends upon two factors:
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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1. The classification (schedule) of controlled substance you had in your possession
2. The amount of the controlled substance you had in your possession
However simple this may sound, Ohio drug offense laws can be quite complicated. Therefore it is always best to consult with an attorney experienced in drug crime defense.
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 possession offense in Ohio is ranked not only according to the classification of the drug, but also the quantity of the drug possessed. Further, each drug has a different quantity designation for determining the potential sentence violators may face.
It is possible to successfully challenge a drug possession charge in Ohio court, work out deals for reduced penalties, and other strategic options depending on your case. You might even be eligible to get drug rehab treatment in lieu of jail time.
We can tell you more about your particular options once we get the specifics on the drug charges you are facing.
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In the News: On May 10, 2007, Kristen Anderson was stopped by a Fayette County Deputy because a headlight on her car was not illuminated. When the deputy realized there was a felony warrant out for one of the passengers, he called for backup that brought a canine trained to detect narcotics. After the animal was alerted to the rear passenger door, Anderson permitted the deputy to search her vehicle. He then discovered plastic bags containing crack cocaine in excess of 100 grams and approximately ten grams of powder cocaine. Anderson testified that she did not know the drugs were in her car until police stopped her vehicle. A jury found her guilty of drug trafficking and possession of cocaine. She received a consecutive prison term and a mandatory $10,000 fine. (State v. Anderson, 2009-Ohio-2521)
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