(E) If the amount of the drug involved is equal to or greater than forty grams, but is less than fifty grams, possession of a controlled substance analog is a first-degree felony, and the court shall impose as a mandatory prison sentence a mandatory prison sentence for a first-degree felony.
Drug possessionis defined by law as knowingly possessing, obtaining, or using an illegal controlled substance or a controlled substance analog. You could be charged with a first-degree misdemeanor or a fifth-degree felony. However, charges may increase if you are in possession of higher quantities of an illegal drug or if there are aggravating circumstances.
The defense of a drug possession case relies heavily on the criminal defense attorney's knowledge of the full range of evidence that the prosecutor plans to admit in court and, equally important, on an understanding of the legal tools that can be used to suppress or discredit as much evidence as possible. . If you were arrested or charged with fifth degree drug possession in Ohio, you must act quickly to protect your rights. Under Senate Bill 3 (SB), most nonviolent drug possession offenses would be reclassified as misdemeanors.
One of the factors that a judge and jury will consider when determining whether to charge you with possession or aggravated possession of a controlled substance is whether the alleged possession was real or constructive, as explained here in the State's reversed judgment against a conviction for drug possession could impact offenders in a way that extend far beyond prison sentences, probation, probation, fines, court costs, supervised release, confiscation and restitution. Those in possession of a Schedule I or II controlled substance (other than marijuana, cocaine, LSD, heroin, hashish, or analogs of controlled substances) can be charged with aggravated drug possession. A criminal defense attorney will review the drug possession case, along with the police report and other evidence to identify possible defenses. Learn more about each drug list, federal traffic penalties, and more details about certain types of drugs.
The Ohio National Guard Drug Enforcement Program supports the state's law enforcement, helping them “anticipate, detect, deter, interrupt and defeat illegal drugs in Ohio communities. When law enforcement receives a report or complaint, or suspects that a person possesses a controlled substance, they cannot arrest the suspect on the spot. The law takes a firm stance on drug possession in Ohio, and if you face felony charges, you may be subject to severe penalties. At the interstate and international levels, the DEA enters the scene to investigate and prepare for prosecution of drug-related activities that violate national drug laws and regulations.
Drug possession offenses can be felonies or misdemeanors depending on the type and quantity of drug involved. If a defendant is arrested for passing a stop sign and the police officer sees a bag of cocaine in the passenger seat, this constitutes a clear view and the police can legally confiscate drugs. The person becomes guilty of a third, second, or first degree felony, depending on the amount involved, if the amount of drugs carried by the person exceeds the “lump sum,” which is an amount designated by law.