Drug possession charges in Ohio range from a first-degree misdemeanor to a first-degree felony. The punishment between the least serious crime and the most serious crime is substantial. If you are facing 5 felony drug possession in Ohio, the likely outcome could be bleak. In fact, a conviction can send you to jail or jail and cost you thousands of dollars in fines, fees, and court costs.
All states regulate the possession of controlled hazardous substances (CDS), although each state differs in its exact definition of CDS and in the penalties for possession. Ohio laws on drug possession are codified by Section 2925.11 of the Ohio Revised Code and define possession of controlled substances as “knowingly obtaining, possessing, or using a controlled substance. Possession of most Schedule I or Schedule II controlled substances is aggravated drug possession under Ohio drug laws. Given the complexity of Ohio's drug possession laws, it can be difficult to know where you stand if you're facing criminal charges.
Possession of more serious drugs carries more severe penalties, while penalties for possession of less serious drugs are not as severe. Also, if the drug arrest occurred near a school or you had a gun or other weapon in your possession when you were arrested, the penalty for a conviction could be worse. Ohio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. A person in possession of a Schedule III, IV, or V controlled substance can be charged with drug possession under Ohio drug possession laws.
Schedule I and II drugs that are exempt from aggravated possession charges include marijuana, heroin, cocaine and LSD. If you are charged with drug possession in Ohio, you don't need to have a criminal defense attorney. A defendant who possessed Schedule I or II CDS (excluding marijuana, heroin, cocaine, LSD, and other specified CDS) is guilty of aggravated drug possession. Your criminal charge will be based on the type of drug you possess in Ohio, as in many other states.
Given this grim reality, it's not surprising that the state has very strict drug laws, as legislators try to combat this problem. When a person in Ohio is suspected of carrying Schedule I or II drugs, they face felony drug possession charges. If you are discovered trafficking drugs in Ohio, penalties vary depending on the type of drug and the amount of drug you are caught with. For example, possession is more severely punished when it involves possession of Schedule I and Schedule II controlled substances.