For drug offenses in Ohio, the range of potential punishments varies significantly. Depending on the specifics of a case, a person charged with a drug crime could end up serving time in prison, receiving probation, or even having their case dismissed. The circumstances of the case, the methods used to collect evidence, and the judge overseeing it will all play a role in its outcome.
Common Drug Offenses in Ohio
In Ohio, the following represent some of the most commonly encountered drug offenses a person may be accused of committing:
- Possession of a Controlled Substance: It is against the law to knowingly obtain or possess a controlled substance. Exceptions to this law include having a prescription for it, being a person who prescribed the controlled substance, or being a drug manufacturer.
- Trafficking/Aggravated Trafficking: Selling, transporting, delivering, and distributing controlled substances is illegal under Ohio law. The amount of drugs in a person’s possession and the type of drug possessed impact whether a drug charge may be enhanced to aggravated trafficking.
- Manufacturing drugs: Controlled substance manufacturing or cultivation is also illegal in Ohio. Bear in mind that two commonly encountered illegal substances, marijuana and methamphetamine, are treated under a separate category of drug offenses.
- Conspiracy-related drug offenses: When a person is charged with conspiracy in relation to a drug offense, it is typically in the area of selling, transporting, or manufacturing narcotics or a controlled substance.
- Prescription drug offenses: When it comes to prescription drugs, many of them are included under the category of controlled substances. As noted earlier, it is possible to prescribe a controlled substance legally. On the other hand, if a person obtains a controlled substance without a prescription, then that would be a crime in Ohio.
Ohio’s Schedule for Controlled Substances
The state of Ohio has a schedule for controlled substances. This schedule divides drugs into categories to determine punishment ranges in the event of a conviction.
- Schedule I substances include LSD, ecstasy, and heroin. Characteristics of these drugs include a high propensity for abuse and no accepted medical use.
- Schedule II includes drugs with a high rate of abuse, with some accepted medical uses. Methamphetamine, cocaine, and opium are examples of Schedule II substances.
- Legitimate medical uses and a medium-level risk of abuse are hallmarks of Schedule III substances. Pain relievers and barbiturates are two types of commonly utilized substances in medical scenarios that are, unfortunately, abused with some regularity.
- Commonly prescribed medications for conditions like anxiety and depression are less likely to be abused and are categorized as Schedule IV substances.
- Prescribed medications with a low rate of addiction and over-the-counter drugs comprise a large percentage of Schedule V substances.
How to Prepare for an Initial Interaction with Law Enforcement
Routine traffic stops result in more than a handful of drug-related arrests each year in Ohio. Driving over the posted speed limit, failing to stop fully at a stop sign, or driving with a broken taillight. From these seemingly minor interactions with law enforcement, a person may end up facing a series of pointed questions about their behavior.
A request from law enforcement to search their vehicle may be the next request made. The instinct of many people is to accommodate the officer’s request. A basis for this line of thought is allowing the officer to “do their job.” Unfortunately, a person under law enforcement questioning does not receive any credit or goodwill for allowing a search of their vehicle. In fact, any evidence discovered in the vehicle can and will be used against the driver in a criminal proceeding.
What To Do After Being Arrested For a Drug Offense
A person arrested for a drug offense in Ohio has the right to remain silent. When law enforcement begins questioning, it is best to have an experienced Ohio drug offense lawyer present. Basic information, such as name, date of birth, and home address, may be provided at the discretion of the accused individual.
Defenses Against Drug Offenses
The sooner, the better, when it comes to a person taking action after being contacted by law enforcement regarding a drug offense. Law enforcement and the prosecutor’s office may take aggressive steps to obtain any and all available evidence to ultimately convict a person on drug charges.
- Arguing that the methods used to obtain evidence were illegal is one potential defense to a drug charge. This is otherwise known as the “fruit of the poisonous tree” defense. In other words, because the methods employed to obtain the evidence were illegal, any evidence obtained because of those methods should be removed from consideration.
- When it comes to drug offenses, the weight of the substances seized will play a major role in determining the type of drug charge a person will face. Misdemeanor possession charges often pale in comparison to felony possession charges in terms of severity, including prison sentences.
Prepare Diligently For a Drug Offense Case
The penalties associated with drug offenses in Ohio are significant. Along with temporary restrictions on an accused’s day-to-day life, there is no time to waste in mounting a well-thought-out defense or case strategy. Even a misdemeanor conviction can require the convicted person to pay a fine and spend up to six months without using their driver’s license.
Imagine applying for the job of a lifetime, only to find out that a criminal history search revealed an arrest and conviction for a drug offense. Or, finally finding a perfect apartment near work, only to lose out on it because the leasing office was made aware of a drug offense in the not-too-distant past.
These are real-life scenarios that can easily occur to any person accused, arrested, and convicted of a drug offense.
The Robert Jones Defense Firm: With Our Clients, Every Step of the Way
Contact the Robert Jones Defense Firm for a case review. Don’t face a drug offense alone. Fight back and protect your freedoms with our team of experienced legal professionals today.