Possession of a Controlled Substance
Simple possession offenses account for a significant majority of drug crimes in Ohio. Depending on the amount allegedly possessed, these crimes can be felony offenses that carry steep consequences.
Possession of larger amounts of a controlled substance can potentially lead to drug trafficking charges, but alleged possession of even seemingly miniscule amounts of an illegal drug can result in serious penalties. Any conviction for a drug-related offense can cause significant long-term hardships for alleged offenders.
Attorney for Possession of a Controlled Substance in Cincinnati, OH
Were you arrested for alleged drug possession in Hamilton County? You should avoid making any kind of statement to authorities until you have legal representation. Contact Joslyn Law Firm as soon as possible.
Brian Joslyn is an experienced criminal defense lawyer in Cincinnati who represents clients facing drug charges in communities all over southwest Ohio, including Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, and many others.
Call to have our attorney provide an honest and thorough evaluation of your case during a free, confidential consultation.
Information Center
- How are drug possession crimes classified?
- What are the possible sentences that alleged offenders can receive if convicted?
- Where can I learn more about possession of a controlled substance in Cincinnati?
Possession of a Controlled Substance Charges in Hamilton County
With only a few exceptions for certain authorized individuals, Ohio Revised Code § 2925.11 makes it illegal for a person to knowingly obtain, possess, or use a controlled substance or a controlled substance analog.
The classification of the criminal offense and the possible type of sentence imposed in Hamilton County, OH, depends on multiple factors, including the types of drug involved, the amount of the controlled substance in question, and possibly the alleged offender’s prior criminal record.
Possession of a controlled substance offenses are generally punishable as follows under Ohio Revised Code § 2925.11(C):
|
Drug |
Amount |
Offense Level |
Guidance |
|
Schedule I or Schedule II Controlled Substance |
Less than bulk amount |
Fifth-degree felony |
|
|
Equals or exceeds the bulk amount but is less than five times the bulk amount |
Third-degree felony |
Presumption for a prison term |
|
|
Equals or exceeds five times the bulk amount but is less than 50 times the bulk amount |
Second-degree felony |
Mandatory prison term |
|
|
Equals or exceeds 50 times the bulk amount but is less than 100 times the bulk amount |
First-degree felony |
Mandatory prison term |
|
|
Equals or exceeds 100 times the bulk amount |
First-degree felony |
Mandatory maximum prison term |
|
|
Schedule III, Schedule IV, or Schedule V Controlled Substance |
Less than bulk amount |
First-degree misdemeanor |
None |
|
Equals or exceeds the bulk amount but is less than five times the bulk amount |
Fourth-degree felony |
Ohio Revised Code § 2929.13(C) |
|
|
Equals or exceeds five times the bulk amount but is less than 50 times the bulk amount |
Third-degree felony |
Presumption for a prison term |
|
|
Equals or exceeds 50 times the bulk amount |
Second-degree felony |
Mandatory prison term |
|
|
Marijuana (marihuana) |
Less than 100 grams |
Minor misdemeanor |
None |
|
100 grams or more but less than 200 grams |
Fourth-degree misdemeanor |
None |
|
|
200 grams or more but less than 1,000 grams |
Fifth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
|
1,000 grams or more but less than 5,000 grams |
Third-degree felony |
Ohio Revised Code § 2929.13(C) |
|
|
5,000 grams or more but less than 20,000 grams |
Third-degree felony |
Presumption for a prison term |
|
|
20,000 grams or more but less than 40,000 grams |
Second-degree felony |
Mandatory prison term of five, six, seven, or eight years. |
|
|
40,000 grams or more |
Second-degree felony |
Mandatory maximum prison term |
|
|
Cocaine |
Less than 5 grams |
Fifth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
5 grams or more but less than 10 grams |
Fourth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
|
10 grams or more but less than 20 grams |
Third-degree felony |
Presumption for a prison term, but mandatory if alleged offender has two or more prior felony drug abuse convictions |
|
|
20 grams or more but less than 27 grams |
Second-degree felony |
Mandatory prison term |
|
|
27 grams or more but less than 100 grams |
First-degree felony |
Mandatory prison term |
|
|
100 grams or more |
First-degree felony |
Mandatory maximum prison term |
|
|
Lysergic acid diethylamide (LSD) |
Less than 10 unit doses in solid form or less than 1 gram in liquid form |
Fifth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
10 unit doses or more but less than 50 unit doses in solid form, or 1 gram or more but less than 5 grams in liquid form |
Fourth-degree felony |
Ohio Revised Code § 2929.13(C) |
|
|
50 unit doses or more but less than 250 unit doses in solid form, or 5 grams or more but less than 25 grams in liquid form |
Third-degree felony |
Presumption for a prison term |
|
|
250 unit doses or more but less than 1,000 unit doses in solid form, or 25 grams or more but less than 100 grams in liquid form |
Second-degree felony |
Mandatory prison term |
|
|
1,000 unit doses or more but less than 5,000 unit doses in solid form, or 100 grams or more but less than 500 grams in liquid form |
First-degree felony |
Mandatory prison term |
|
|
5,000 unit doses or more in solid form, or 500 grams or more in liquid form |
First-degree felony |
Mandatory maximum prison term |
|
|
Heroin |
Less than 10 unit doses in solid form or less than 1 gram in liquid form |
Fifth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
10 unit doses or more but less than 50 unit doses in solid form, or 1 gram or more but less than 5 grams in liquid form |
Fourth-degree felony |
Ohio Revised Code § 2929.13(C) |
|
|
50 unit doses or more but less than 100 unit doses in solid form, or 5 grams or more but less than 10 grams in liquid form |
Third-degree felony |
Presumption for a prison term |
|
|
100 unit doses or more but less than 500 unit doses in solid form, or 10 grams or more but less than 50 grams in liquid form |
Second-degree felony |
Mandatory prison term |
|
|
500 unit doses or more but less than 1,000 unit doses in solid form, or 50 grams or more but less than 100 grams in liquid form |
First-degree felony |
Mandatory prison term |
|
|
1,000 unit doses or more in solid form, or 100 grams or more in liquid form |
First-degree felony |
Mandatory maximum prison term |
|
|
Hashish |
Less than 5 grams in solid form or less than 1 gram in liquid form |
Minor misdemeanor |
None |
|
5 grams or more but less than 10 grams in solid form, or 1 gram or more but less than 2 grams in liquid form |
Fourth-degree misdemeanor |
None |
|
|
10 grams or more but less than 50 grams in solid form, or 2 grams or more but less than 10 grams in liquid form |
Fifth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
|
50 grams or more but less than 250 grams in solid form, or 10 grams or more but less than 50 grams in liquid form |
Third-degree felony |
Ohio Revised Code § 2929.13(C) |
|
|
250 grams or more but less than 1,000 grams in solid form, or 50 grams or more but less than 200 grams in liquid form |
Third-degree felony |
Presumption for a prison term |
|
|
1,000 grams or more but less than 2,000 grams in solid form, or 200 grams or more but less than 400 grams in liquid form |
Second-degree felony |
Mandatory prison term of five, six, seven, or eight years |
|
|
2,000 grams or more in solid form, or 400 grams or more in liquid form |
Second-degree felony |
Mandatory maximum prison term |
|
|
Controlled substance analog (synthetic drugs) |
Less than 10 grams |
Fifth-degree felony |
Ohio Revised Code § 2929.13(B) |
|
10 grams or more but less than 20 grams |
Fourth-degree felony |
Presumption for a prison term |
|
|
20 grams or more but less than 30 grams |
Third-degree felony |
Presumption for a prison term |
|
|
30 grams or more but less than 40 grams |
Second-degree felony |
Mandatory prison term |
|
|
40 grams or more but less than 50 grams |
First-degree felony |
Mandatory prison term |
|
|
50 grams or more |
First-degree felony |
Mandatory maximum prison term |
Possession of a Controlled Substance Penalties in Cincinnati
The length of the possible jail or prison sentences and the amount of the possible fines if alleged offenders are convicted depend on the classification of the alleged drug crime. Convictions can generally result in the following possible maximum sentences:
- Minor Misdemeanor — Fine of up to $100;
- Fourth-Degree Misdemeanor — Up to 30 days in jail and/or fine of up to $250;
- First-Degree Misdemeanor — Up to 180 days in jail and/or fine of up to $1,000;
- Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
- Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
- Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
- Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or
- First-Degree Felony — Up to 11 years in prison and/or fine of up to $20,000.
Ohio Possession of a Controlled Substance Resources
Drug Abuse Trends in the Cincinnati Region | Ohio.gov — The Ohio Substance Abuse Monitoring (OSAM) Network consists of eight regional epidemiologists and conducts focus groups and individual qualitative interviews with active and recovering drug users and community professionals to produce epidemiological descriptions of local substance abuse trends. View a regional report for Cincinnati that examines substance abuse trends for the area relating to cocaine, heroin, and other drugs. The report concludes that crack cocaine, ecstasy, heroin, marijuana, prescription opioids, sedative-hypnotics, Suboxone, methamphetamine, prescription stimulants, and synthetic marijuana remained “highly available” in the Cincinnati region.
Cincinnati, Ohio | National Institute on Drug Abuse (NIDA) — NIDA is the federal government research institute within the U.S. Department of Health and Human Services with the mission “to advance science on the causes and consequences of drug use and addiction and to apply that knowledge to improve individual and public health.” View the full text of a January 2014 report on drug abuse patterns and trends in Cincinnati. The report found that heroin surpassed marijuana as the predominant drug problem in Cincinnati in the first half of 2013.
Finding a Lawyer for Drug Possession Crimes in Hamilton County, OH
If you were arrested anywhere in southwest Ohio, including Cincinnati or Hamilton County, for alleged possession of an illegal drug, seek out the service of a qualified criminal defense attorney.
Joslyn Law Firm aggressively defends individuals in Cincinnati, and the surrounding areas of Hamilton County, including Montgomery, Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami.
Cincinnati criminal defense attorney Brian Joslyn will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest possible penalties.
During the free consultation, he can review your case and discuss all of your legal options when you call (513) 399-6289 or complete an online contact form to schedule a free initial consultation.
This article was last updated on Friday, November 17, 2017.
