Controlled substance charges often carry steep penalties. You may end up with significant fines or lengthy prison time. Other repercussions may include probation or substance abuse treatment, as well as regular drug testing.
Ohio Possession of a Controlled Substance
If you knowingly obtain, possess, or use a controlled substance without a prescription or other legal authorization, you can face drug possession charges. Depending on whether a drug is considered dangerous, addictive, or to have medical use dictates which of the five “schedules” it is grouped into. You categorize the most addictive as Schedule I usually. Schedule II-V is reserved for drugs that may be used for medical reasons.
Most possessions of Substance I or II will be classified as aggravated possession of drugs. The exceptions are heroin, cocaine, LSD, marijuana, fentanyl, or hashish. This type of charge usually lands as a fifth-degree felony. If convicted, you can face up to six months to a year in prison, although a first-time conviction may qualify for a reduction to probation. If you only possessed the “bulk amount” of a drug, then a third-degree felony charge may be on the table.A conviction would lead to a possible nine-month to three-year prison sentence. The bulk amount for one drug is not the same for another. For Schedule 1 opiates, a bulk amount is 10 grams or 25 doses, while the bulk amount of Schedule II hallucinogens is 30 grams or 10 doses.
For possession of other drugs, you can expect these charges:
- Heroin- Minimum fifth-degree felony. Possessing one to five grams is a fourth-degree felony, possessing five to 10 grams is a third-degree felony, possessing 10 to 50 grams is a second-degree felony, and possessing more than 50 grams is a first-degree felony.
- Cocaine- Minimum fifth-degree felony. Possessing five to 10 grams is a fourth-degree felony, possessing 10 to 20 grams is a third-degree felony, possessing 20 to 27 grams is a second-degree felony, and possessing more than 27 grams is a first-degree felony.
- LSD-Minimumfifth-degree felony. Possessing 10 to 50 doses is a fourth-degree felony, possessing 50 to 250 doses is a third-degree felony, possessing 250 to 1,000 doses is a second-degree felony, and possessing more than 1,000 doses is a first-degree felony.
- Marijuana- Possessing less than 100 grams is a minor misdemeanor, and you will not face a prison sentence. Possessing 100 to 200 grams is a fourth-degree misdemeanor,which can result in a prison sentence of up to 30 days following a conviction. Possessing 200 to 1,000 grams is a fifth-degree felony, possessing 1,000 to 5,000 grams is a fourth-degree felony, possessing 5,000 to 20,000 grams is a third-degree felony, and possession of more than 20,000 grams is a second-degree felony.
Any incident involving drugs or drug charges is a serious matter. The consequences can be more extensive than you may realize. Hiring an experienced attorney is essential to protecting your interests and achieving the most favorable result.
At Hoover Kacyon, LLC., our criminal defense attorneys are committed to assisting clients in Akron, Fairlawn, and Cuyahoga Falls, Ohio. We provide top-tier legal representation from a team of experts, coupled with exceptional customer service. Our objective is to secure the best possible outcome for you.
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