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Possession of a Controlled Substance

During any arrest for operating a vehicle under the influence of alcohol or drugs (OVI), police will typically search the person of any alleged offender and seek to search that alleged offender’s motor vehicle.

Such searches can result in controlled substances being discovered and dramatically increase the possible penalties a person could face.

Whereas first-time driving under the influence (DUI) offenders can hold out some hope that they will be placed on probation, possession of certain amounts of certain controlled substances can result in mandatory prison sentences.

When a person is facing both a drunk driving charge and a drug possession charge, it is critical for them to make sure that they have legal representation fully capable of getting these charges reduced or dismissed.

Ohio Lawyer for Possession of a Controlled Substance

Have you been charged with possession of any controlled substance as well as OVI in Ohio? The Joslyn Law Firm represents clients who have been accused of either or both offenses in Cincinnati, Lebanon, Norwood, Middletown, Hamilton, and many other communities in Hamilton County.

Cincinnati DUI attorney Brian Joslyn also defends alleged offenders in surrounding areas such as Butler in Butler County, Oxford in Clinton County, and Mason in Franklin County. You can have him review your case by calling (513) 339-6289 right now to take advantage of a free consultation that will let our lawyers review your case.


Hamilton County Drug Possession Information Center


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Possession of a Controlled Substance Charges in Ohio

The classification of drug crimes in Ohio varies depending on what drug schedule a controlled substance falls under and the amount of the drug that people allegedly had in their possession. For a majority of controlled substances, each drug schedule is assigned a “bulk amount.”

This bulk amount varies by controlled substance and the strength of the drug. For example, the bulk amount for 2 mg strength diazepam (commonly referred to as Valium) is 600 tablets, but the bulk amount for 10 mg strength diazepam is 120 tablets.

Controlled substance possession is generally classified as follows:

Drug

Amount

Classification

Marijuana

Less than 100 grams

Minor Misdemeanor

100 grams or more but less than 200 grams

Fourth-Degree Misdemeanor

200 grams or more but less than 1,000 grams

Fifth-Degree Felony

1,000 grams or more but less than 5,000 grams

Third-Degree Felony

5,000 grams or more but less than 20,000 grams

Third-Degree Felony

20,000 grams or more but less than 40,000 grams

Second-Degree Felony

40,000 grams or more

Second-Degree Felony

Cocaine

Less than five grams

Fifth-Degree Felony

Five grams or more but less than 10 grams

Fourth-Degree Felony

10 grams or more but less than 20 grams

Third-Degree Felony

20 grams or more but less than 27 grams

Second-Degree Felony

27 grams or more but less than 100 grams

First-Degree Felony

100 grams or more

First-Degree Felony

LSD

Less than 10 doses

Fifth-Degree Felony

10 doses or more but less than 50 doses

Fourth-Degree Felony

50 doses or more but less than 250 doses

Third-Degree Felony

250 doses or more but less than 1,000 doses

Second-Degree Felony

1,000 doses or more but less than 5,000 doses

First-Degree Felony

5,000 doses or more

First-Degree Felony

Heroin

Less than 10 unit doses, or less than one gram

Fifth-Degree Felony

10 unit doses or more but less than 50 unit doses, or one gram or more but less than five grams

Fourth-Degree Felony

50 unit doses or more but less than 100 unit doses, or five grams or more but less than 10 grams

Third-Degree Felony

100 unit doses or more but less than 500 unit doses, or 10 grams or more but less than 50 grams

Second-Degree Felony

500 unit doses or more but less than 2,500 unit doses, or 50 grams or more but less than 250 grams

First-Degree Felony

2,500 unit doses or more, or 250 grams or more

First-Degree Felony

Other Schedule I and Schedule II Controlled Substances

Less than the bulk amount

Fifth-Degree Felony

Bulk amount or more but less than five times the bulk amount

Third-Degree Felony

Five times the bulk amount or more but less than 50 times the bulk amount

Second-Degree Felony

50 times the bulk amount or more but less than 100 times the bulk amount

First-Degree Felony

100 times the bulk amount or more

First-Degree Felony

Other Schedule III, Schedule IV, and Schedule V Controlled Substances

Less than the bulk amount

First-Degree Misdemeanor

Bulk amount or more but less than five times the bulk amount

Fourth-Degree Felony

Five times the bulk amount or more but less than 50 times the bulk amount

Third-Degree Felony

50 times the bulk amount or more

Second-Degree Felony


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Drug Possession Penalties in Cincinnati

The possible sentences for alleged drug possession also vary by the type of controlled substance. Certain possession crimes involve mandatory minimum sentences.

Generally, the maximum sentences for each class of misdemeanor and felony are as follows:

  • Minor Misdemeanor — Fines of up to $150;
  • Fourth-Degree Misdemeanor — Fine of up to $250 and up to 30 days in jail;
  • First-Degree Misdemeanor — Fine of up to $1,000 and up to 180 days in jail;
  • Fifth-Degree Felony — Fine of up to $2,500 and up to 12 months in prison;
  • Fourth-Degree Felony — Fine of up to $5,000 and up to 18 months in prison;
  • Third-Degree Felony — Fine of up to $10,000 and up to five years in prison;
  • Second-Degree Felony — Fine of up to $15,000 and up to eight years in prison; and
  • First-Degree Felony — Fine of up to $20,000 and up to 11 years in prison.

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Ohio Resources for Possession of a Controlled Substance

Central Ohio Area of Narcotics Anonymous — Narcotics Anonymous (NA) is a nonprofit fellowship of men and women for whom drugs had become a major problem that uses a 12-step model similar to that of Alcoholics Anonymous (AA). On this website, you can find meeting times and locations throughout Cincinnati and Central Ohio. The website also has sections specifically tailored to newcomers, information on upcoming events, and downloadable NA literature.

Central Ohio Area Office
1313 East Broad Street
2nd Floor
Cincinnati, OH 43205
(614) 252-1700

United States Drug Enforcement Administration (DEA) — The DEA is a federal agency under the United States Department of Justice responsible for enforcing the Controlled Substances Act. You can find drug fact sheets, federal penalties, and drug scheduling on this website. Cincinnati is part of the DEA’s Detroit Division, and the area office is located at:

DEA’s Cincinnati District Office
500 South Front Street # 612
Cincinnati, OH 43215
(614) 255-4200


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Find a Drug Possession Lawyer in Cincinnati, Ohio

If you were charged with possession of a controlled substance when you were arrested for OVI in Ohio, it is in your best interest to immediately seek experienced legal representation. The Joslyn Law Firm aggressively defends clients who have been charged with drunk driving and related offenses in Cincinnati and many surrounding areas of Montgomery County, including Wilmington in Greene County, Fairfield in Clermont County, and Marysville in Warren County.

Cincinnati criminal defense attorney Brian Joslyn is certified both as an instructor in the administration of standardized field sobriety tests by the National Highway Traffic Safety Administration and in the operation, diagnostic, verification and calibration of the BAC Datamaster Breath Alcohol Testing Instruments manufactured by National Patent Analytical Systems, Inc.

Call (513) 339-6289 or submit an online form to receive a complete evaluation of your case during a completely free initial consultation.


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