Cincinnati Drug Possession Lawyer

Drug possession charges in Cincinnati fall into one of two main categories: simple possession and possession with intent to distribute.

• Simple Possession: This refers to the possession of drugs for personal use. It is a criminal offense and carries serious penalties.
• Possession with Intent to Distribute: This refers to the possession of drugs with the intent to sell, trade, or distribute them. It is a more serious crime and comes with harsher penalties.

Moreover, understanding how law enforcement distinguishes between simple possession and intent to distribute is essential. Factors like the quantity of drugs, packaging materials, and the presence of large sums of money or communications equipment may influence how charges are filed. Clarity in these nuances can drastically affect the legal avenues available to you.

Penalties for Drug Possession in Ohio

The penalties for drug possession in Ohio depend on the type of drug and the amount of the drug. The state classifies controlled substances into five different “schedules,” with Schedule I drugs being the most dangerous and addictive, while Schedule V drugs are the least dangerous.

The drug schedules in Ohio are as follows:

• Schedule I: Heroin, LSD, ecstasy, GHB, peyote, etc.
• Schedule II: Cocaine, methamphetamine, methadone, oxycodone, Adderall, Ritalin, etc.
• Schedule III: Anabolic steroids, ketamine, testosterone, Tylenol with codeine, etc.
• Schedule IV: Xanax, Valium, Ambien, Ativan, etc.
• Schedule V: Cough medicine with codeine, Lyrica, Lomotil, etc.

In addition to the drug schedule and the type of drug, the penalties for drug possession in Cincinnati are also influenced by the amount of the drug. The state measures drug amounts in “bulk” or “aggravated” amounts. The specific amount that constitutes a bulk or aggravated amount depends on the drug.

It is important to note that possession of marijuana is a separate offense in Ohio. Marijuana possession charges are generally less serious and carry less severe penalties than other drug possession charges.

Simple Possession of Most Controlled Substances is a Felony in Ohio. The penalties for simple drug possession are as follows:

• First-degree felony: Bulk amount (20,000 grams or more) of a Schedule I or II drug (e.g., heroin, cocaine, LSD, methamphetamine, etc.)
• Second-degree felony: Bulk amount (40,000 grams or more) of a Schedule III, IV, or V drug (e.g., anabolic steroids, Xanax, Valium, etc.)
• Third-degree felony: Bulk amount (27 to 199 grams) of a Schedule I or II drug; aggravated amount (1,000 or more grams) of a Schedule III, IV, or V drug
• Fourth-degree felony: Bulk amount (10 to 26 grams) of a Schedule I or II drug; aggravated amount (200 to 999 grams) of a Schedule III, IV, or V drug
• Fifth-degree felony: Bulk amount (less than 10 grams) of a Schedule I or II drug; aggravated amount (less than 200 grams) of a Schedule III, IV, or V drug
• First-degree misdemeanor: Simple amount (less than bulk amount) of any controlled substance

Possession of marijuana is generally a minor misdemeanor. However, if the amount of marijuana is less than 100 grams, it is a fourth-degree misdemeanor. If the amount of marijuana is less than 200 grams, it is a first-degree misdemeanor. And if the amount of marijuana is less than 1,000 grams, it is a fifth-degree felony.

For simple possession of a Schedule I or II drug, the penalties are as follows:

• First-degree felony: 3 to 11 years in prison and/or $20,000 in fines
• Second-degree felony: 2 to 8 years in prison and/or $15,000 in fines
• Third-degree felony: 9 months to 5 years in prison and/or $10,000 in fines
• Fourth-degree felony: 6 to 18 months in prison and/or $5,000 in fines
• Fifth-degree felony: 6 to 12 months in prison and/or $2,500 in fines
• First-degree misdemeanor: Up to 180 days in jail and/or $1,000 in fines

Possession of drug paraphernalia is generally a fourth-degree misdemeanor, punishable by up to 30 days in jail and/or $250 in fines. However, if the person has previously been convicted of possession of drug paraphernalia, it is a second-degree misdemeanor, punishable by up to 90 days in jail and/or $750 in fines.

To learn more about the penalties for drug possession in Cincinnati, contact our firm today.

How to Fight Drug Possession Charges

Drug possession charges can be fought by challenging the evidence, the search and seizure, the lab results, and the prosecutor’s case. The right defense will depend on the specifics of the case and the evidence that the prosecution has. A good criminal defense attorney will be able to review the case and the evidence and develop the best defense strategy.

Here are a few common defenses to drug possession charges:

• Unlawful Search & Seizure: The Fourth Amendment to the U.S. Constitution gives you the right to be free from unreasonable searches and seizures. If a police officer conducted an illegal search of your home, vehicle, or person, your attorney can file a motion to suppress the evidence. If the motion is successful, the evidence will be excluded from your case, and the prosecution will have a harder time getting a conviction.
• Lab Errors: The prosecution must prove that the substance that was seized from you was an illegal drug. The substance is typically sent to a lab to be tested. If the lab results are incorrect or inconclusive, your attorney can challenge the lab results and cast doubt on the substance in question.
• Constructive Possession: Drug possession requires both control and knowledge. If the drugs were not found on your person or in your vehicle or home, your attorney can argue that you did not have control over the drugs. If the drugs were found in a shared space, your attorney can argue that you did not have exclusive control over the drugs. If the prosecution cannot prove that you had control over the drugs, they cannot get a conviction.
• Illegal Substances: The prosecution must prove that the substance that was seized from you was an illegal drug. If the drug is a prescription drug, your attorney can argue that you had a valid prescription for the drug. If the drug is a controlled substance, your attorney can argue that the substance that was seized from you was not an illegal drug.
• Lack of Knowledge: Drug possession is an intentional crime. If you did not know that you were in possession of the drugs, your attorney can argue that you did not commit the crime of drug possession. If your attorney can cast doubt on your knowledge of the drugs, they can get your charges reduced or dismissed.
• Entrapment: If the police officer who arrested you used entrapment to get you to commit the crime, your attorney can argue that you were entrapped. If your attorney can prove that you were entrapped, they can get your charges dismissed.
• Violation of Constitutional Rights: If the police officer who arrested you violated your constitutional rights, your attorney can argue that the evidence should be excluded from your case. If the evidence is excluded, the prosecution will have a much harder time getting a conviction.

Additionally, each defense strategy requires a nuanced understanding of legal precedents and procedural tactics. Legal defenses against drug possession charges can be strengthened by scrutinizing the timeline of events, witness testimony, and any prior interactions with law enforcement. Working closely with your legal team can uncover potential oversights by the prosecution.

To schedule a free consultation with our Cincinnati drug possession lawyers, contact us online or call (513) 924-4378.

Common Questions About a Cincinnati Drug Possession Lawyer

When should I hire a drug possession lawyer in Cincinnati?

You should hire a lawyer as soon as you are charged or under investigation for drug possession. Early legal representation can help protect your rights and potentially lead to reduced charges or case dismissal.

Can a lawyer get my drug possession charges dropped?

A skilled attorney can challenge evidence, question search and seizure procedures, and negotiate plea deals. If law enforcement violated your rights, your lawyer may be able to get the charges reduced or dismissed.

What defenses can be used in a drug possession case?

Common defenses include unlawful search and seizure, lack of possession, mistaken identity, and entrapment. Your attorney will assess the details of your case to determine the best defense strategy.

Will a drug possession conviction stay on my record?

A conviction can stay on your record permanently, affecting employment and housing opportunities. However, some charges may be eligible for expungement or sealing, which a lawyer can help you pursue.

What should I do if I am arrested for drug possession?

Remain calm, do not resist arrest, and avoid answering questions without an attorney present. Contact a drug possession lawyer immediately to start building your defense.