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Understanding Controlled Substance Possession Charges in Ohio
Key Points on Drug Possession Offenses
In Ohio, possessing illegal drugs often plays a major role in drug-related crimes. The severity of these charges varies significantly, with many possession offenses potentially classified as felonies. Even carrying small amounts of unlawful substances can result in strict penalties.
The consequences of a conviction for a drug offense can create long-term hardships in your personal and professional life.
Legal Guidance for Drug Possession Accusations in Youngstown, OH
If you are facing drug possession allegations in Mahoning County, it is critical that you avoid speaking with law enforcement until you have consulted a legal professional. You should contact the Youngstown Criminal Law Group immediately.
Sean Logue is an experienced defender against criminal charges in the Youngstown area. Take action now by contacting us for a thorough and honest case review, which is both free and strictly confidential. If you need assistance, a Youngstown criminal lawyer can provide the guidance you need.
Ohio’s Stance on Controlled Substance Possession
Under Ohio Revised Code § 2925.11, it is generally illegal to obtain, possess, or use illicit drugs, with exceptions only for individuals who have specific authorization.
Charges regarding the possession of controlled substances are evaluated based on several factors:
- The specific type of drug involved
- The amount of the drug found
- The criminal history of the accused individual
The penalties for these violations are typically outlined in Ohio Revised Code § 2925.11(C). A Youngstown DUI attorney can help explain how these factors apply to your specific situation.
Penalties by Drug Type and Amount
| Drug | Amount | Offense Level | Guidance |
| Schedule I or Schedule II | Minimal Quantity (Under Bulk Amount) | Fifth-degree felony | Under Ohio Revised Code § 2929.13(B), even minimal possession carries serious legal weight. |
| Moderate Quantity (Bulk to Less Than 5 Times Bulk) | Third-degree felony | There is a presumption of prison time due to the increased amount. | |
| Substantial Quantity (5 to Less Than 50 Times Bulk) | Second-degree felony | Requires a mandatory prison sentence, reflecting the seriousness of the offense. | |
| High Quantity (50 to Less Than 100 Times Bulk) | First-degree felony | Mandatory prison time is required; no exceptions. | |
| Extreme Quantity (100 Times Bulk or More) | First-degree felony | Conviction leads to the maximum prison sentence allowed by law. | |
| Schedule III, IV, or V | Possession Below Bulk Amount | (No specific level listed) | No predefined penalties specifically mentioned for this level. |
| Possession Equal to or Above Bulk (But Less Than 5 Times) | Fourth-degree felony | Ohio Revised Code Section 2929.13(C). | |
| Possession 5 to 50 Times Above Bulk | Third-degree felony | Assumption favoring a term of imprisonment. | |
| Possession Exceeding 50 Times Bulk | Second-degree felony | Compulsory imprisonment sentence. | |
| Marijuana (Marihuana) | Under 100 grams | Minor misdemeanor | Generally no jail time; considered a “slap on the wrist”. |
| 100 to 200 grams | Fourth-degree misdemeanor | Incarceration is not a typical consequence. | |
| 200 to 999 grams | Fifth-degree felony | Ohio Revised Code § 2929.13(B) outlines regulations. | |
| 1,000 to 5,000 grams | Third-degree felony | Specific laws detailed in Ohio Revised Code § 2929.13(C). | |
| 5,000 to 20,000 grams | Third-degree felony | Stronger assumption that prison time may be granted. | |
| 20,000 to less than 40,000 grams | Second-degree felony | Mandatory prison sentence ranging from five to eight years. | |
| More than 40,000 grams | Second-degree felony | Mandatory imposition of the maximum prison sentence allowable. | |
| Cocaine | Less than 5 Grams | Fifth-degree felony | Referenced by Ohio Revised Code § 2929.13(B). |
| 5 to 9.99 Grams | Fourth-degree felony | Governed by Ohio Revised Code § 2929.13(B). | |
| 10 to 19.99 Grams | Third-degree felony | Presumption for a prison term; mandatory if two or more prior felony drug abuse convictions exist. | |
| 20 to 26.99 Grams | Second-degree felony | Carries a mandatory incarceration term upon conviction. | |
| 27 to 99.99 Grams | First-degree felony | Incurs a mandatory prison sentence. | |
| 100 Grams or Above | First-degree felony | Mandatory imprisonment extended for longer periods; larger fines possible. | |
| LSD (Lysergic Acid Diethylamide) | Under 10 doses (solid) or under 1 gram (liquid) | Fifth-degree felony | Referenced from Ohio Revised Code § 2929.13(B). |
| 10-49 doses (solid) or 1-5 grams (liquid) | Fourth-degree felony | Delineated in Ohio Revised Code § 2929.13(C). | |
| 50-249 doses (solid) or 5-25 grams (liquid) | Third-degree felony | Presumption of a prison sentence being applicable. | |
| 250-999 doses (solid) | Second-degree felony | Mandatory prison term applies. | |
| 1,000-4,999 doses (solid) | First-degree felony | Mandatory prison term applies. | |
| 5,000 doses or more (solid) | First-degree felony | Mandatory maximum prison term under Ohio law. | |
| Heroin | Less than 10 doses (solid) or < 1 gram (liquid) | Fifth-degree felony | Ohio Revised Code § 2929.13(B). |
| 10-49 doses (solid) or 1-4.99 grams (liquid) | Fourth-degree felony | Ohio Revised Code § 2929.13(C). | |
| 50-99 doses (solid) or 5-9.99 grams (liquid) | Third-degree felony | Usually involves a presumption for a prison term. | |
| 100-499 doses (solid) or 10-49.99 grams (liquid) | Second-degree felony | Carries a mandatory prison term. | |
| 500-999 doses (solid) or 50-99.99 grams (liquid) | First-degree felony | A mandatory prison term applies. | |
| 1,000+ doses (solid) or > 100 grams (liquid) | First-degree felony | Leads to a mandatory maximum prison term. | |
| Hashish | Less than 5g (solid) or < 1g (liquid) | Minor misdemeanor | No jail time. |
| 5g-10g (solid) or 1g-2g (liquid) | Fourth-degree misdemeanor | No incarceration. | |
| 10g-50g (solid) or 2g-10g (liquid) | Fifth-degree felony | Ohio Revised Code § 2929.13(B). | |
| 50g-250g (solid) or 10g-50g (liquid) | Third-degree felony | Ohio Revised Code § 2929.13(C). | |
| 250g-1,000g (solid) or 50g-200g (liquid) | Third-degree felony | Presumed incarceration term. | |
| 1,000g-2,000g (solid) or 200g-400g (liquid) | Second-degree felony | Mandatory prison sentence of five to eight years. | |
| 2,000g+ (solid) or 400g+ (liquid) | Second-degree felony | Maximum prison term. | |
| Controlled Substance Analog (Synthetics) | Under 10 Grams | Fifth-Degree Felony | Governed by Ohio Revised Code § 2929.13(B). |
| 10 to Less Than 20 Grams | Fourth-Degree Felony | Typically involves a Presumption for a Prison Term. | |
| 20 to Less Than 30 Grams | Third-Degree Felony | General expectation includes a Presumption for a Prison Term. | |
| 30 to Less Than 40 Grams | Second-Degree Felony | The law mandates a Prison Term. | |
| 40 to Less Than 50 Grams | First-Degree Felony | Imposes a Mandatory Prison Term. | |
| 50 Grams or More | First-Degree Felony | Dictates a Mandatory Maximum Prison Term. |
If you are facing these serious allegations, it is essential to have a Youngstown criminal lawyer by your side to navigate the complexities of these classifications.
Possession of a Controlled Substance Penalties in Youngstown
Understanding the potential outcomes of a conviction for drug-related offenses in Youngstown is vital. The severity of the penalties relies heavily on the specific offense level you are accused of. We have simplified the potential penalties below to help you better understand what is at stake.
Potential Penalties Based on the Offense Level:
- Minor Misdemeanor:
- A fine potentially reaching $100.
- Fourth-Degree Misdemeanor:
- Possible jail time of up to 30 days.
- A fine of up to $250, either alternatively or in addition to jail time.
- First-Degree Misdemeanor:
- Jail time could extend up to 180 days.
- Fines might reach up to $1,000.
- Fifth-Degree Felony:
- Prison sentences can last up to 12 months.
- Fines may be as high as $2,500.
Navigating these penalties alone is risky; consulting a Youngstown DUI attorney can help clarify your options.
- Fourth-Degree Felony:
- Up to 18 months in prison is possible.
- Fines could increase to $5,000.
- Third-Degree Felony:
- Prison terms could extend to 60 months.
- Fines may reach up to $10,000.
- Second-Degree Felony:
- Prison sentences might last up to eight years.
- Significant fines of up to $15,000 could be expected.
- First-Degree Felony:
- The most severe penalty, with prison time up to 11 years.
- Fines can be as high as $20,000.
Facing these penalties is frightening. This reality highlights the importance of understanding the law or securing expert legal advice if you or someone you know is in this situation. A skilled Youngstown criminal lawyer can make a difference in your case outcome.
Legal Representation for Drug Possession Charges in Mahoning County, OH
Dealing with the complexities of drug possession charges in Ohio can be overwhelming. Securing the expertise of a Youngstown criminal lawyer is essential to guide you through the process effectively.
When facing allegations of possessing controlled substances in areas like Youngstown or anywhere within Mahoning County, engaging a determined criminal defense counsel is crucial. An experienced Youngstown DUI attorney will fight to protect your rights.
Experience That Matters – Attorney Sean Logue
Youngstown DUI attorney Sean Logue stands as a pillar of defense, working tirelessly to secure an outcome that minimizes potential penalties and the impact on your life.
Schedule Your Complimentary Case Evaluation
It all starts with understanding your legal standing and options:
- Benefit from a no-cost consultation to evaluate the specifics of your case.
- Discuss comprehensive legal strategies tailored specifically for you.
Reach out at 412.387.6901 or fill out our online form to arrange your free initial consultation. With Youngstown Criminal Law Group, you can turn your right to an assertive defense into reality. Contact a Youngstown criminal lawyer today to get started.