Drug Possession
Like all states, Ohio law doesn’t allow the possession of controlled substances, otherwise known as drugs. If an officer discovers drugs in your possession, you should expect criminal charges. Possession of a controlled substance is a serious criminal charge and can result in severe legal repercussions. These can include expensive fines and even time in prison.
Possessing an illegal drug in Ohio can be punished on either the state or federal level. The charge is normally associated with street drugs, but it can also apply to possessing pharmaceutical medications without a valid prescription such as Xanax or Valium. If you or someone you know has been charged with drug possession, then it’s imperative you seek an experienced criminal defense attorney.
Dayton Attorney for Possession of a Controlled Substance in Ohio
Understanding the full scope of your charges is the first step to a strong defense. We recommend you get started now by contacting the attorneys at Joslyn Law Firm. Our criminal defense lawyers can thoroughly explain to you the judicial process and uncover all your possible legal options for you.
Hiring legal representation can significantly increase your chances of having reduced or dismissed charges. At Joslyn Law Firm, we devote our extensive resources and legal knowledge to our cases. Call us today to set up a consultation where we can analyze your situation at (937) 356-3969.
Joslyn Law Firm represents people accused of drug crimes throughout the greater Montgomery County area including Vandalia, Miamisburg, Brooksville and Dayton.
Overview of Possession of a Controlled Substance in OH
Controlled Substance Schedules in Ohio
The penalties for drug possession in Ohio depend on what controlled substance schedule they are classified under. These schedules can be found under section 3719.41 of the Ohio Revised Code and there are five schedules in all. They are categorized by their potential for chemical dependency and their practicality in the medical field. Drugs with the highest risk of addiction tend to have the harshest penalties.
Listed below are the drug schedules under Ohio law.
- Schedule V – Substances with the least likelihood for abuse and are commonly used for medical treatment can be found under schedule V. Typically, schedule V drugs are over the counter which include a small number of narcotics such as cough medicine with small amounts of codeine.
- Schedule IV – Many schedule IV drugs are pharmaceutical and used for medicinal purposes in the United States. However, they can induce addiction if they’re abused. A few examples of schedule IV drugs include Xanax and Valium.
- Schedule III – Controlled substances with some accepted medical use in the United States and has a much higher potential for abuse are schedule III drugs. Some drugs found under this schedule include ketamine, barbituric acid and anabolic steroids.
- Schedule II – Drugs found under schedule II are at extremely high risk and have a limited scope in the medical field. This schedule can include codeine, methadone, and GHB.
- Schedule I – Controlled substances with the highest potential for addiction are under schedule I. These drugs have no known or accepted medical use in the United States and pose a serious health risk. These can include mescaline, peyote, psilocyn and marijuana.
Penalties for Possession of a Controlled Substance in Ohio
Drug |
Amount |
Offense Level |
Penalties |
| Schedule I or Schedule II Drug |
Less than bulk amount |
Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison. |
| Equals or exceeds the bulk amount, but less than five times the bulk amount |
Third-degree felony |
A fine of up to $10,000 and up to 5 years in prison. | |
| Equals or exceeds five times the bulk amount, but less than 50 times the bulk amount | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison. | |
| Equals or exceeds 50 times the bulk amount, but less than 100 times the bulk amount | First-degree felony | A fine of up to $20,000 and up to 11 years in prison. | |
| Equals or exceeds 100 times the bulk amount | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| Schedule III, IV, or V Drug | Less than bulk amount | First-degree misdemeanor | A fine of up to $1,000 and up to 180 days in jail |
| Equals or exceeds the bulk amount, but less than five times the bulk amount | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| Equals or exceeds five times the bulk amount, but less than 50 times the bulk amount | Third-degree felony | A fine of up to $15,000 and up to 5 years in prison | |
| Equals or exceeds 50 times the bulk amount | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison | |
| Marijuana | Less than 100 grams | Minor misdemeanor | Up to $100 In fines |
| At or over 100 grams, but less than 200 grams | Fourth-degree misdemeanor | A fine of up to $250 and up to 30 days in jail | |
| At or over 200 grams, but less than 1,000 grams | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison | |
| At or over 1,000 grams, but less than 5,000 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 5,000 grams, but less than 20,000 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 20,000 grams, but less than 40,000 grams | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison | |
| At 40,000 grams or more | Second-degree felony | A fine of up to $15,000 and up to 8 years in prison | |
| Cocaine | Less than 5 grams | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| At or over 5 grams, but less than 10 grams | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| At or over 10 grams, but less than 20 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 20 grams, but less than 27 grams | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
|
At or over 27 grams, but less than 100 grams |
First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| 100 grams or more | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| Lysergic acid diethylamide (LSD) | Less than 10 units in solid form or less than 1 gram in liquid form | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| 10 units or more but less than 50 units in solid form, or 1 gram or more but less than 5 grams in liquid form | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| 50 units or more but less than 250 units in solid form, or 5 grams or more but less than 25 grams in liquid form | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 250 units or more but less than 1,000 units in solid form, or 25 grams or more but less than 100 grams in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 1,000 units or more but less than 5,000 units in solid form, or 100 grams or more but less than 500 grams in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| 5,000 units or more in solid form, or 500 grams or more in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| Heroin | Less than 10 solid form units or less than 1 gram in liquid form | Fifth-degree felony | A fine of up to $2,500 and up to 12 months in prison |
| 10 solid form units or more but less than 50 units, or 1 gram or more but less than 5 grams in liquid form | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| 50 solid units or more but less than 100 units, or 5 grams or more but less than 10 grams in liquid form | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 100 solid units or more but less than 500 units, or 10 grams or more but less than 50 grams in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| 500 solid units or more, but less than 1,000 units, or 50 grams or more but less than 100 grams in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| 1,000 solid units or more, or 100 grams or more in liquid form | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| Hashish or THC Concentrates | Less than 5 grams in solid form or less than 1 gram in liquid form | Minor misdemeanor | Up to $100 in fines |
| 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 | A fine of up to $250 and up to 30 days in jail | |
| 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 | A fine of up to $2,500 and up to 12 months in prison | |
| 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 | A fine of up to $10,000 and up to 5 years in prison | |
| 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 | A fine of up to $10,000 and up to 5 years in prison | |
| 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 | A fine of up to $10,000 and up to 5 years in prison | |
| 2,000 grams or more in solid form, or 400 grams or more in liquid form | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| Synthetic Drugs | Less than 10 grams | Fifth-degree felony | A fine of up to $2,500 and up to 12 m |
| At or over 10 grams, but less than 20 grams | Fourth-degree felony | A fine of up to $5,000 and up to 18 months in prison | |
| At or over 20 grams, but less than 30 grams | Third-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 30 grams, but less than 40 grams | Second-degree felony | A fine of up to $10,000 and up to 5 years in prison | |
| At or over 40 grams, but less than 50 grams | First-degree felony | A fine of up to $20,000 and up to 11 years in prison | |
| At 50 grams or more | First-degree felony | A fine of up to $20,000 and up to 11 years in prison |
Additional Resources
Drug Scheduling – Visit the official website of the Drug Enforcement Administration and learn more about the United States federal drug schedules. Access the site to learn which drugs are found under which schedule, their potential for addiction and if they’re used in the medical field currently.
Ohio’s Drug Laws – Visit the official website of the Ohio Revised Code to learn more about their drug possession statute. Access the site to learn more about controlled substances, the penalties for possession and which licensed professionals are authorized to possess certain controlled substances.
Defense Lawyer for Drug Possession in Montgomery County, OH
If you or someone you know has been charged with drug possession, then it’s imperative you seek experienced legal representation. The penalties associated with possession of a controlled substance are serious and a criminal record could follow you throughout your lifetime. To avoid these collateral consequences, we recommend you contact Joslyn Law Firm.
The attorneys at Joslyn Law Firm have an in-depth understanding of how the judicial system works and criminal law. We can examine your case and uncover all your available legal options. Using our resources and talent, our defense attorneys can create a formidable defense for you. Don’t wait another moment to schedule an appointment by calling (937) 356-3969.
Joslyn Law Firm represents people throughout the greater Montgomery County area including Dayton, Centerville, Englewood, Vandalia and Miamisburg.
This article was last updated on July 25, 2019.
