What You Need to Know About Ohio Drug Possession Laws
In Ohio, drug possession is a criminal offense punishable by up to 5 years in prison. Here’s everything you need to know about Ohio Drug Possession Laws.
Ohio laws define drug possession as obtaining, possessing, or using a controlled substance. Possession with intent to sell is a related offense where an offender plans to distribute controlled substances. There are a variety of defenses for drug possession, ranging from an improper procedure from law enforcement to denying ownership of any found substances.
What Constitutes Drug Possession in Ohio
In Ohio, drug possession is knowingly obtaining, possessing, or using a controlled substance. Drug possession does not involve drugs that a physician prescribed. It also does not apply to pharmacists or pharmacy owners who have access to substances within the scope of their work.
Possession with Intent to Sell in Ohio
Possession with intent to sell in Ohio is called trafficking. Ohio law defines it as selling a controlled substance, offering to sell a controlled substance, or preparing to distribute a controlled substance. Preparing to distribute a controlled substance may also include delivering a substance with the understanding that someone else will sell it.
Related: Workplace Drug Testing in Ohio
Penalties of a Drug Possession Conviction in Ohio
Ohio law considers drug possession a misdemeanor in the first degree. A conviction of drug possession in Ohio can lead to a jail sentence of at most 180 days. Different circumstances can add to the severity of a drug possession conviction.
If a court has already convicted an offender of a drug-related offense, a drug possession conviction will lead to a felony of the fifth degree. This conviction can result in a prison sentence of six to 12 months.
If an offender possesses a large amount of a controlled substance, they may face a felony of the fourth degree, a felony of the third degree, or a felony of the second degree.
A felony of the fourth degree may result in a prison sentence of six to 18 months.
A felony of the third degree may result in a prison sentence of nine months to three years.
A felony of the second degree may result in a prison sentence of one to five years.
Defenses to Drug Possession in Ohio
A defendant has many options to defend against a drug possession charge in Ohio. First, they may defend against the charge if prosecutors cannot locate the substances they accuse the defendant of possessing. That is a case of missing drugs, and a court may not convict a defendant on these grounds.
A defendant may also argue that law enforcement entrapped them. Entrapment means that a law enforcement officer puts the defendant in a position to commit a crime they otherwise would not have. If a court finds that law enforcement entrapped a defendant, the court may not convict the defendant.
Related: How to Beat a Drug Possession Charge
One may also argue that law enforcement violated their Fourth Amendment right to privacy. Law enforcement may search a suspect’s property for drugs. However, they must go through the proper legal procedures. If law enforcement finds evidence of drug possession through an illegal search, a court may not consider this evidence to convict a defendant of drug possession.
Just because law enforcement finds drugs on a person or their property does not mean they will convict them of drug possession. A defendant may argue that they did not possess the drugs found on their property or that someone else planted the substances.
FAQs About Ohio Drug Possession Laws
How does the amount of a controlled substance lead to a harsher sentence in Ohio?
Ohio law has a bulk amount for all controlled substances. The court determines the severity of a drug possession charge by the number of controlled substances possessed as compared to the bulk amount. All controlled substances have a different bulk amount, so sentencing may vary depending on the type of controlled substance a defendant possesses.
If law enforcement finds drugs I’m unaware of on my property, can I be convicted of drug possession in Ohio?
If drugs do not belong to an individual, a court can not convict them of drug possession in Ohio. If a defendant was unaware that drugs were on their property, they may argue in court that they had no knowledge of the drugs and did not possess them.
How can a defense attorney help me with a drug possession charge in Ohio?
A skilled criminal defense attorney can help ensure that a defendant finds the proper defense against a drug possession charge. They can also advocate in court for the defendant using their experience and knowledge of the law.
Contact Us
If you or a loved one would like to learn more about Ohio Drug Possession Laws, get your free consultation with one of our Criminal Defense Attorneys in Ohio today!