Drug possession is a serious crime and is not to be taken lightly. Whether it’s marijuana or a more addictive substance like heroin, illegal possession of controlled drugs can lead to grave consequences. Marijuana is medically legal in some states, including Ohio. However, possessing it without legal permission can lead to criminal charges. The penalties depend on the type of drug involved. The consequences can range from paying fines to becoming a convicted felon.
What does ‘drug possession’ mean under Ohio law?
Ohio law defines drug possession as knowingly obtaining, using or having controlled substances. There are two main types: actual possession, where the substance is found directly on your person (such as in your pocket or bag), and constructive possession, which applies when police find drugs in a place you control, like your car or home, even if the drugs aren’t physically on you.
Illegal substances are categorized into five “schedules” based on their potential for abuse. Schedule I drugs are the most restrictive substances and are highly addictive. If you’re found using or carrying any substance within this schedule, you may be subject to harsher penalties.
Classifications and common charges
Charges vary based on the type of drug, the amount involved and the presence of evidence indicating intent to sell. An illegal amount of marijuana may lead to a misdemeanor, while possession of drugs like fentanyl or cocaine can result in felony charges.
- Marijuana: Having over 70 grams of Cannabis flower may result in fines, a misdemeanor or a felony.
- Cocaine: Possessing under 5 grams of this substance is a fifth-degree felony, while obtaining more than 100 grams is a first-degree felony and may lead to maximum jail time.
- LSD: Having less than one gram of this drug constitutes a fifth-degree felony, while possessing over 500 grams can mean maximum prison terms.
Other factors may aggravate these charges, such as the proximity of drug use and possession to schools and the involvement of weapons.
What happens after being charged with drug possession
After an arrest, the court presents formal charges. In Hamilton County, certain defendants may be eligible for diversion programs or treatment courts, which could lead to reduced penalties. Courts often offer these options for first-time or low-level offenders.
Drug possession charges in Cincinnati and throughout Ohio can carry serious consequences, depending on the type and amount of substance involved. Whether facing misdemeanor or felony charges, it’s important to understand the potential outcomes of your case.
An experienced attorney can help you navigate the complexities of the legal system, explore options like diversion programs or treatment courts and ensure that your rights are fully protected.