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