Drug Trafficking

What is drug trafficking in Ohio?

You can be charged with drug trafficking in Ohio if you knowingly sell or offer to sell a controlled substance or a controlled substance analog. In addition, you can be charged if you knowingly prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when you know or have reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale.
Drug trafficking charges in Ohio have many ranges, depending on the type of drug and amount. These charges can range from minor misdemeanors all the way up to 1st degree felonies.

What are the varying levels of charges for marijuana trafficking in Ohio?

Less than or equal to 20 grams
- Minor Misdemeanor
- 3rd degree misdemeanor if offense occurred in the vicinity of a school or juvenile
More than 20 grams and less than 200 grams
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile
Equal to 200 grams and less than 1 kilogram
- 4th degree felony
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile
Equal to 1 kilogram and less than 5 kilograms
- 3rd degree felony
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 5 kilograms and less than 20 kilograms
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 20 kilograms and less than 40 kilograms
- 2nd degree felony. MANDATORY 5 TO 8 YEARS.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY 11 YEARS.
Equal to or more than 40 kilograms
- 1st degree felony. MANDATORY 8 YEARS.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY 11 YEARS.

What are the varying levels of charges for cocaine trafficking in Ohio?

Less than 5 grams
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile
Equal to 5 grams and less than 10 grams
- 4th degree felony
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 10 grams and less than 20 grams
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON. MANDATORY TIME IF YOU HAVE 2 OR MORE FELONY DRUG ABUSE OFFENSES.
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY TIME.
Equal to 20 grams and less than 27 grams.
- 2nd degree felony. MANDATORY TIME.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. 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 varying levels of charges for solid LSD trafficking in Ohio?

Less than 10 unit doses
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile.
Equal to 10 unit doses and less than 50 unit doses
- 4th degree felony
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 50 unit doses and less than 250 unit doses
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON. MANDATORY TIME IF YOU HAVE 2 OR MORE FELONY DRUG ABUSE OFFENSES.
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY TIME.
Equal to 250 unit doses and less than 1000 unit doses
- 2nd degree felony. MANDATORY TIME.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. 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 varying levels of charges for liquid LSD trafficking in Ohio?

Less than 1 gram
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile
Equal to 1 gram and less than 5 grams
- 4th degree felony
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 5 grams and less than 25 grams
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON. MANDATORY TIME IF YOU HAVE 2 OR MORE FELONY DRUG ABUSE OFFENSES.
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY TIME.
Equal to 25 grams and less than 100 grams
- 2nd degree felony. MANDATORY TIME.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. 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 varying levels of charges for heroin in Ohio?

Less than 1 gram
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile.
Equal to 1 gram and less than 5 grams
- 4th degree felony
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 5 grams and less than 10 grams
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 10 grams and less than 50 grams
- 2nd degree felony. MANDATORY TIME.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. 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 varying levels of charges for solid hashish trafficking in Ohio?

Less than 10 grams
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile.
Equal to 10 grams and less than 50 grams
- 4th degree misdemeanor
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile.
Equal to 50 grams and less than 250 grams
- 3rd degree felony
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION YOU WILL GET PRISON.
Equal to 250 grams and less than 1 kilogram
- 3rd degree felony. PRESUMPTION YOU WILL GET PRISON.
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION YOU WILL GET PRISON.
Equal to 1 kilogram and less than 2 kilograms.
- 2nd degree felony. MANDATORY 5 TO 8 YEARS.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY 11 YEARS.
Equal to or more than 2 kilograms
- 2nd degree felony. MANDATORY 8 YEARS.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY 11 YEARS.

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

Less than 2 grams
- 5th degree felony
- 4th degree felony if offense occurred in the vicinity of a school or juvenile.
Equal to 2 grams and less than 10 grams
- 4th degree felony
- 3rd degree felony if offense occurred in the vicinity of a school or juvenile.
Equal to 10 grams and less than 50 grams
- 3rd degree felony
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 50 grams and less than 200 grams
- 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
- 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
Equal to 200 grams and less than 400 grams
- 2nd degree felony. MANDATORY 5 TO 8 YEARS.
- 1st degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY 11 YEARS.
Equal to or more than 400 grams
- 2nd degree felony. MANDATORY 8 YEARS.
- 1st degree felony. MANDATORY 11 YEARS.

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

These are listed in bulk amount. The bulk amount differs for each type of drug. I will 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
  - 4th degree felony
  - 3rd degree felony if offense occurred in the vicinity of a school or juvenile.
- Equal to bulk amount and less than 5 times bulk amount
  - 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON. MANDATORY TIME IF YOU HAVE 2 OR MORE FELONY DRUG ABUSE OFFENSES.
  - 2nd degree felony if offense occurred in the vicinity of a school or juvenile. MANDATORY TIME.
- Equal to 5 times bulk amount and less than 50 times bulk amount
  - 2nd degree felony. MANDATORY TIME.
  - 1st 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 varying levels of charges for schedule 3, 4, or 5 drug trafficking 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
  - 4th degree felony if offense occurred in the vicinity of a school or juvenile.
- Equal to bulk amount and less than 5 times bulk amount
  - 4th degree felony.
  - 3rd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to 5 times bulk amount and less than 50 times bulk amount
  - 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
  - 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to or more than 50 times bulk amount.
  - 2nd degree felony. MANDATORY TIME.
  - 1st degree felony if offense occurred in the vicinity of a school or juvenile. 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 varying 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
  - 4th degree felony if offense occurred in the vicinity of a school or juvenile.
- Equal to 10 grams and less than 20 grams
  - 4th degree felony.
  - 3rd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to 20 grams and less than 30 grams
  - 3rd degree felony. PRESUMPTION THAT YOU WILL GET PRISON.
  - 2nd degree felony if offense occurred in the vicinity of a school or juvenile. PRESUMPTION THAT YOU WILL GET PRISON.
- Equal to 30 grams and less than 40 grams
  - 2nd degree felony. MANDATORY TIME
  - 1st degree felony if offense occurred in the vicinity of a school or juvenile. 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 trafficking charges in Ohio come with mandatory time?

All 1st and 2nd degree felony drug trafficking 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 look 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 trafficking case that your attorney can challenge, like suppression issues, chain of command, or testing procedures.

What is a major drug offender specification for drug trafficking in Ohio?

You will be charged with this specification if you are found in trafficking 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 250 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 at some point in the future.
This is a common occurrence for drug trafficking cases. The most common situation is: someone gets pulled over, the police search the vehicle, find drugs, 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 tested. 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 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 come back, especially if you’re in a bigger city with a busy courthouse.
- Therefore, if you find yourself in a position where the police find 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 your interaction 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 trafficking 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 trafficking conviction?

You cannot purchase or possess a firearm if you have a felony conviction for drug trafficking?
BUT, if you get a drug trafficking conviction sealed, it will restore your firearm rights.
Also, even if the drug trafficking conviction is not eligible to be sealed, there is still an avenue to getting your firearm rights restored. SEE THE RESTORATION OF GUN RIGHTS SECTION.

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, they have violated your constitutional rights and the evidence could be suppressed.
- 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". 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 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 poisonous tree (the illegal stop).
It is important to contact an experienced 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. At Makridis Law Firm we have over 40 years of experience in attacking these illegal searches by the police.

Are diversion programs available for drug trafficking 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.

How can the police prove that I’m trafficking?

They can try to gain access to your electronics by consent or a search warrant. If you have sent messages about selling drugs, then they can use these messages to prove that you are trafficking.
- Consent – It is unwise to allow the police to access your electronics. Make them get a search warrant. Most cell phones are heavily encrypted so it’s still unlikely that they will be able to access your phone even if they get a search warrant.
- Search warrant – The cops can take your electronics and apply for a search warrant to access the device or the carrier’s data.
Confidential informants
- This is a very common way to prove that you are selling drugs. The police will arrest and charge a person who purchased drugs from you. They will then place a camera or a microphone on that person and have them buy drugs from you again.
Large sums of cash or individual baggies
- If the police find that you have divided all the drugs up into small separate baggies, then they can use that to say you are trafficking. Additionally, if you have large sums of cash on your person, they can use that as well.
Your own statements
- The police get you to admit that you sell drugs. This is why you need to refuse to talk with the police until you speak with an attorney.

Can the police take my property if I’m charged with trafficking drugs in Ohio?

Yes. This is called a seizure or forfeiture. If the police believed that you purchased anything as part of the money you received from selling drugs, they can try to get a seizure or forfeiture on that property.
You need to talk with an experienced attorney as soon as possible to challenge these seizures or forfeitures. Sometimes, it is hard for the police to prove that you purchased the item using illegal means.

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.