What is considered a drug possession charge in Ohio
& What are the penalties?
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All states have drug classification systems that identify specific illegal drugs by schedule and assign a criminal charge level. Most major illegal drugs are classified as felony charges, but there are also conviction deferment programs in Ohio that allow certain offenders to complete a probationary period after which the defendant will be reevaluated for a potential charge dismissal. This opportunity is primarily only for first offenders, and many times the amount of the drug or an obvious intent to distribute can also disqualify certain defendants. The most serious drug trafficking charges carry very significant fines and incarceration penalties while marijuana is now essentially decriminalized for a first possession charge if the amount is less than 100 grams. But, seriously dangerous CDRs such as heroin, cocaine, and methamphetamine are still very serious charges with strict penalties.
Ohio drug trafficking penalties are decided on the basis of the substance you were charged with trafficking, the amount of the drug, and whether the trafficking offenses were near juveniles. Your past criminal record, if any, will also be taken into account for sentencing if you are convicted.
Drug trafficking is considered a felony in Ohio. Please refer to the table below for more information:
STANDARD FELONY PENALTIES
|DEGREE OF FELONY||PRISON TIME||FINES UP TO|
|1st||3 - 11 Years||$20,000|
|2nd||2 - 8 Years||$15,000|
|3rd||1 - 5 Years||$10,000|
|4th||6 - 18 Months||$5,000|
|5th||6 - 12 Months||$2,500|
OHIO TRAFFICKING LEVELS BY DRUG
|QUANTITY||CHARGE||SCHOOL / JUVENILE ENHANCEMENT||PRESUMPTION / MANDATORY PRISON
|1 - 199||5th Degree Felony||4th Degree Felony||No|
|200 - 999 grams||4th Degree Felony||3rd Degree Felony||No|
|1,000- 4,999 grams||3rd Degree Felony||2nd Degree Felony||Presumption for Enhancement|
|5000 - 19,999 grams||3rd Degree Felony||2nd Degree Felony||Presumption for Both|
|20,000 - 39,999 grams||2nd Degree Felony||1st Degree Felony||Mandatory 5-8 Years w/out Enhancement; Mandatory Max w/ Enhancement|
|40,000+ grams||2nd Degree Felony||1st Degree Felony||Mandatory Max for Both|