Drug Crime – Possession, Intent

How serious are drug possession charges?

Whether you are charged with drug possession, possession with intent to distribute or other drug crime, it’s important to respond aggressively to protect your rights.

Felony drug possession falls under the possession of controlled substances definition of the Ohio Revised Code (ORC 2925.11). The law states that possession of controlled substances is knowingly obtaining, possessing, or using a controlled substance.

If you are convicted of felony drug possession, the penalties are dependent on the facts and circumstances of your particular case such as the amount of substance that you possessed, the type of substance, where the offense occurred, and whether the offense was aggravated.

Drug Conviction Consequences – Immediate

A criminal conviction for drug crime will have immediate consequences.

• Jail or prison time
• Fines
• Restitution
• Mandatory court-ordered drug awareness program
• Permanent record

Drug Conviction Consequences – Long Term

Since it is public record, your drug conviction will also show on internet web searches for your name.

• Difficulty getting a job
• Difficulty renting an apartment
• Difficulty getting a loan
• Difficulty buying a home

Schedule I and II Controlled Substance Penalties

If you are convicted for possessing a schedule I or II controlled substance, this is considered an aggravated possession of controlled substances.

• If you possess less than the bulk amount – fifth degree felony with up to 12 months in prison and fines up to $2,500.
• If you possess the bulk amount but less than 5x the bulk amount – third degree felony with at least 9 months and up to 3 years in prison and fines up to $10,000.
• If you possess 5x the bulk amount but less than 50x the bulk amount – second degree felony with at least 2 years and up to 8 years in prison and fines up to $15,000.
• If you possess 50x the bulk amount but less than 100x the bulk, amount – first degree felony with at least 3 years and up to 11 years in prison and fines up to $20,000.
• If you possess 100x or more than the bulk amount – first degree felony with at least 11 years in prison and fines up to $20,000.

Schedule III, IV and V Controlled Substance Penalties

If you are convicted of possessing a schedule III, IV or V controlled substance, this is considered possession of a controlled substance.

• If you possess less than the bulk amount:
  – This is your first offense; first degree misdemeanor with a maximum sentence of 60 days in prison and fines up to $1,000.
  – This is NOT your first offense; fifth degree felony with up to 1 year in prison and fines up to $2,500.
• If you possess the bulk amount but less than 5x the bulk amount – fourth degree felony with 6 months to 18 months in prison and fines up to $5,000.
• If you possess 5x the bulk amount but less than 50x the bulk amount – third degree felony with 9 months to 3 years in prison and fines up to $10,000.
• If you possess 50x the bulk amount – second degree felony with 2 years to 8 years in prison and fines up to $15,000.

In addition to fines and prison time, a felony drug possession conviction will have a negative impact on other areas of your life. You may face difficulty getting a job, renting an apartment, buying a home, having custody of your children, getting a loan, and a mandatory driver’s license suspension.

Call 614.444.8800 or contact us online.