Drug Possession

What is drug possession in Ohio?

You can be charged with drug possession in Ohio if you knowingly obtain, possess, or use a controlled substance or a controlled substance analog.
- This can include constructive possession as well. For example, if the police find drugs in your car, it can be assumed that you knew the drugs were in there and that you constructively possessed them.
Drug possession charges in Ohio has many ranges, depending on the type of drug and the amount. These charges can range from minor misdemeanors all the way up to 1st degree felonies.

What are the levels of charges for marijuana possession in Ohio?

Less than 100 grams
- Minor Misdemeanor
Equal to 100 grams and less than 200 grams
- 4th degree misdemeanor
Equal to 200 grams and less than 1 kilogram
- 5th degree felony
Equal to 1 kilogram and less than 5 kilograms
- 3rd degree felony
Equal to 5 kilograms and less than 20 kilograms
- 3rd degree felony
Equal to 20 kilograms and less than 40 kilograms
- 2nd degree felony. MANDATORY 5 TO 8 YEARS.
Equal to or more than 40 kilograms
- 1st degree felony. MANDATORY 8 YEARS.

What are the levels of charges for cocaine possession in Ohio?

Less than 5 grams
- 5th degree felony
Equal to 5 grams and less than 10 grams
- 4th degree felony
Equal to 10 grams and less than 20 grams
- 3rd degree felony
Equal to 20 grams and less than 27 grams.
- 2nd degree felony. MANDATORY TIME.
Equal to 27 grams and less than 100 grams.
- 1st degree felony. MANDATORY TIME.
Equal to or over 100 grams.
- 1st degree felony. MANDATORY 11 YEARS.

What are the levels of charges for solid LSD in Ohio?

Less than 10 unit doses
- 5th degree felony
Equal to 10 unit doses and less than 50 unit doses
- 4th degree felony
Equal to 50 unit doses and less than 250 unit doses
- 3rd degree felony
Equal to 250 unit doses and less than 1000 unit doses
- 2nd degree felony. MANDATORY TIME.
Equal to 1000 unit doses and less than 5000 unit doses
- 1st degree felony. MANDATORY TIME.
Equal to or more than 5000 unit doses
- 1st degree felony. MANDATORY 11 YEARS.

What are the levels of charges for liquid LSD in Ohio?

Less than 1 gram
- 5th degree felony
Equal to 1 gram and less than 5 grams
- 4th degree felony
Equal to 5 grams and less than 25 grams
- 3rd degree felony
Equal to 25 grams and less than 100 grams
- 2nd degree felony. MANDATORY TIME.
Equal to 100 grams and less than 500 grams
- 1st degree felony. MANDATORY TIME.
Equal to or more than 500 grams
- 1st degree felony. MANDATORY 11 YEARS.

What are the levels of charges for heroin in Ohio?

Less than 1 gram
- 5th degree felony
Equal to 1 gram and less than 5 grams
- 4th degree felony
Equal to 5 grams and less than 10 grams
- 3rd degree felony
Equal to 10 grams and less than 50 grams
- 2nd degree felony. MANDATORY TIME.
Equal to 50 grams and less than 100 grams
- 1st degree felony. MANDATORY TIME.
Equal to or more than 100 grams
- 1st degree felony. MANDATORY 11 YEARS.

What are the levels of charges for solid hashish possession in Ohio?

Less than 5 grams
- Minor Misdemeanor
Equal to 5 grams and less than 10 grams
- 4th degree misdemeanor
Equal to 10 grams and less than 50 grams
- 5th degree felony
Equal to 50 grams and less than 250 grams
- 3rd degree felony
Equal to 250 grams and less than 1 kilogram
- 3rd degree felony. PRESUMPTION OF PRISON.
Equal to 1 kilogram and less than 2 kilograms
- 2nd degree felony. MANDATORY 5 TO 8 YEARS.
Equal to or more than 2 kilograms
- 1st degree felony. MANDATORY 8 YEARS.

What are the levels of charges for liquid hashish possession in Ohio?

Less than 1 gram
- Minor Misdemeanor
Equal to 1 gram and less than 2 grams
- 4th degree misdemeanor
Equal to 2 grams and less than 10 grams
- 5th degree felony
Equal to 10 grams and less than 50 grams
- 3rd degree felony
Equal to 50 grams and less than 200 grams
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 200 grams and less than 400 grams
- 2nd degree felony. MANDATORY 5 TO 8 YEARS.
Equal to or more than 400 grams
- 1st degree felony. MANDATORY 8 YEARS.

What are the levels of charges for schedule 1 or 2 drug possession in Ohio?

These are listed in bulk amount. The bulk amount differs for each type of drug. I will list first list the charges for the bulk amount and then I will list the specific drugs and what each bulk amount equals.
- Less than bulk amount
  - 5th degree felony
- Equal to bulk amount and less than 5 times bulk amount
  - 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to 5 times bulk amount and less than 50 times bulk amount
  - 2nd degree felony. MANDATORY TIME.
- Equal to 50 times bulk amount and less than 100 times bulk amount
  - 1st degree felony. MANDATORY TIME.
- Equal to or more than 100 times bulk amount.
  - 1st degree felony. MANDATORY 11 YEARS.
Bulk amount for Schedule 1 opiate or raw opium
- 10 grams
Bulk amount for Schedule 1 stimulant or depressant or Schedule 1 hallucinogen (not tetrahydrocannabinol or lysergic acid amide)
- 30 grams
Bulk amount for schedule 2 opiate
- 20 grams
Bulk amount for PCP
- 5 grams
Bulk amount for schedule 2 stimulant, depressant, or hallucinogen that is in its final dosage form manufactured by an authorized person under the Federal Food, Drug, and Cosmetic Act.
- 120 grams.
Bulk amount for Schedule 2 stimulant not in a final dosage form under the Federal Food, Drug, and Cosmetic Act.
- 3 grams

What are the levels of charges for schedule 3, 4, or 5 drug possession in Ohio?

These are listed in bulk amount. The bulk amount differs for each type of drug. I will list first list the charges for the bulk amount and then I will list the specific drugs and what each bulk amount equals.
- Less than bulk amount
  - 1st degree misdemeanor if person has no prior drug abuse convictions.
  - 5th degree felony if person has a prior drug abuse offense.
- Equal to bulk amount and less than 5 times bulk amount
  - 4th degree felony.
- Equal to 5 times bulk amount and less than 50 times bulk amount
  - 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to or more than 50 times bulk amount.
  - 2nd degree felony. MANDATORY TIME.
Bulk amount for Schedule 3 or 4 substance (other than an anabolic steroid)
- 120 grams
Bulk amount for schedule 3 opiate
- 120 grams
Bulk amount for any substance containing any schedule 3 opiate
- 20 grams
Bulk amount for any substance containing any schedule 5 substance
- 250 grams or 250 milliliters
Any substance containing any schedule 3 anabolic steroid
- 16 grams or 16 milliliters.

What are the levels of charges for controlled substance analog in Ohio?

A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States.
- Less than 10 grams
  - 5th degree felony
- Equal to 10 grams and less than 20 grams
  - 4th degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to 20 grams and less than 30 grams
  - 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to 30 grams and less than 40 grams
  - 2nd degree felony. MANDATORY TIME.
- Equal to 40 grams and less than 50 grams
  - 1st degree felony. MANDATORY TIME.
- Equal to or more than 50 grams
  - 1st degree felony. MANDATORY 11 YEARS.

Do drug possession charges in Ohio come with mandatory time?

All 1st and 2nd degree felony drug possession charges in Ohio come with mandatory time. This means that you will not be eligible for early / judicial release if you are convicted.
It is very important to have an experienced attorney take a deep dive into your case. Your attorney will try to reduce the charges to a level that doesn’t come with mandatory prison time. There are many aspects of a drug possession case that your attorney can challenge, like suppression issues, chain of custody, or testing procedures.

What is a major drug offender specification for drug possession charges in Ohio?

You will be charged with this specification if you are found in possession of the highest level amount for specific drugs. These levels are as follows.
- Schedule 1 or 2 drugs
  - Equal to or more than 100 times bulk amount
- Cocaine
  - Equal to or more than 100 grams
- Solid LSD
  - Equal to or more than 5000 unit doses
- Liquid LSD
  - Equal to or more than 500 grams
- Heroin
  - Equal to or more than 100 grams
- Controlled substance analog
  - Equal to or more than 50 grams.
- If convicted, you will be sentenced to the 1st degree felony maximum, which is 11 years. In addition, if the substance contains fentanyl, you can receive an additional 3 to 8 year mandatory sentence.

The police found drugs on me but I wasn’t arrested and they let me go. What will happen to me?

You will still likely be charged in the future.
This is a common occurrence for drug possession cases. The most common situation is someone gets pulled over and the police end up searching the vehicle and find drugs. The police will take the drugs into evidence and then let the person go.
The police do this because they need to send the drugs to the lab to get verified. Once the results come back with the type of drug and amount, they will send the information to the prosecutor. The prosecutor will then indict you.
At this point, the prosecutor will either issue a summons or put out a warrant. For lower level felonies, it’s likely that you will receive a summons to appear at your arraignment.
It’s important to note that it can take weeks or months for the lab report to be complete, especially if you’re in a bigger city with a busy courthouse.
- Therefore, if you find yourself in a position where the police found drugs on you, you’ll want to monitor the clerk of courts’ website to see if you have been indicted. The reason for this is because the police may not have the correct mailing address for you.
You’ll want to contact an experienced attorney as soon as possible after the contact with the police. Your attorney will be able to contact the prosecutor and let them know that you hired an attorney. This can help to avoid the prosecutor issuing a warrant when they do charge you.

Can I expunge / seal a drug possession conviction in Ohio?

Any drug conviction that is a 3rd degree felony or lower is potentially sealable. It will depend on the person’s criminal record.

Can I still possess or purchase a firearm if I have a drug possession conviction?

You cannot purchase or possess a firearm if you have a felony conviction for drug possession?
There is some good news though. If you get a drug possession conviction sealed, it will restore your firearm rights.
Also, even if the drug possession conviction is not eligible to be sealed, there is still an avenue to getting your firearm rights restored.

The police found drugs on me. How do I know if the police illegally searched me?

The police cannot search you or your property unless they have a legal justification to do so. If they don’t have a legal justification, then they have violated your constitutional rights and they can be punished by the court. The court punishes them by throwing evidence out.
- Reasonable suspicion
  - In order to detain someone, the police need reasonable suspicion that a crime has happened or is happening. Reasonable suspicion is the lowest burden of proof in the criminal system. You may have heard the term stop and frisk before. In order for the police to stop and frisk you, they need reasonable suspicion that you have committed or are committing a crime. If the police don’t have reasonable suspicion, you can terminate the encounter at any time and leave. An example of reasonable suspicion is the police noticing you didn’t use a turn signal so they pull you over. They can then detain you for as long as it reasonably takes to inquire and write you a traffic ticket. To detain you longer than reasonably necessary, they would then need additional reasonable suspicion or probable cause that you committed some other crime.
  - The police cannot ask to search your vehicle unless they have reasonable suspicion that there are drugs or other illegal items in the vehicle. For example, if the police pull you over for a turn signal violation, they cannot ask to search the car unless they gather additional evidence that there may be drugs in the car.
    - Consent – In this situation, even if you give the police consent, you can still ask the court to throw away the evidence based on an illegal search.
- Probable cause
  - This is often how a traffic stop can lead to a search. If you are pulled over for speeding and the officer sees a bag of drugs in the vehicle, they then likely have probable cause to search the vehicle for additional drugs without a warrant.
    - The police don’t often need a search warrant to search a vehicle. They just need probable cause.
  - Search warrants
    - It is not as easy to search someone’s home without a search warrant. The police will almost always need a search warrant to search someone’s home.
    - Police need to establish probable cause before a judge grants them a search warrant. The police have to put together a sworn affidavit that lays out the evidence they have. They must try to be as specific as possible when it comes to these search warrant affidavits. It cannot be a general bare bones affidavit. If they haven’t established probable cause, the judge must not issue the warrant.
  - Drug dog searches
    - The police can use a drug dog to sniff your vehicle. If the drug dog indicates that there are drugs in the vehicle, then this can give them probable cause to search the vehicle.
    - The police cannot unnecessarily delay the traffic stop by calling in a drug dog unit. If they do, then it’s possible to have the search thrown out.
  - Consent
    - This is the most common exception to needing a search warrant. A person should almost never give the police consent to search any property. The police use consent as a lazy way to get around search warrants. The police often pressure the person into thinking they must give consent.
- Fruit of the poisonous tree
  - When the police fail to establish the correct burden of proof to detain, search, or arrest, a person can ask the court to throw out evidence that was found after the police’s error. For example, a police officer pulls someone over for not using a turn signal. The police then find drugs in the car and charge the person with a felony. However, when the person’s attorney watches the dash cam video on the police car, it turns out that the person did use a turn signal. That person can then file a motion and ask the judge to throw out the drugs. The judge must do this because everything after the illegal stop is tainted. Thus, the drugs were the fruit and the illegal stop was the poisonous tree.
It is important to contact an attorney and have them take a look at all available evidence to determine if you have been subjected to an illegal stop and/or search. We have many years of experience in attacking these illegal searches by the police.

Are diversion programs available for drug possession charges in Ohio?

Yes. It depends on the level of charge and the person’s criminal record.
Diversion programs are usually a way to have the case dismissed if the person completes drug treatment. These treatment programs usually last at least one year. The person will usually be monitored by the court’s probation department while enrolled in these diversion programs.
These programs are a good way to resolve the case if the person is able to abide by the program’s rules.
- There are downsides to these programs. Often times, the person has to enter a guilty plea to enter into the program. Therefore, if the person fails to complete the program, they will be immediately sentenced. They waive there right to a jury trial by entering into the program.
Your attorney can discuss diversion programs with the prosecutor and court.

CONTACT AN EXPERIENCED CRIMINAL DEFENSE LAWYER TODAY

Call Makridis Law Firm at (330) 394-1587 as soon as possible to schedule a free consultation. We will make sure you are treated fairly and not wrongly accused or punished. We will review the evidence, investigate, explore all defenses, and negotiate a fair resolution in your case.