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Understanding Controlled Substance Possession Charges in Ohio
Key Points on Drug Possession Offenses
In Ohio, being found with illegal drugs is a common element in drug-related crimes. The seriousness of these possession charges can differ greatly, and some may be classified as felony offenses. Even possessing a small amount of an illegal substance can lead to significant penalties. A conviction for a drug offense can create long-term challenges in your life.
Legal Guidance for Drug Possession Accusations in New Castle, OH
Are you facing drug possession allegations in Coshocton County? It is critical to avoid speaking with law enforcement until you have consulted a legal professional. Contacting a New Castle criminal lawyer as soon as possible is your best first step.
Sean Logue is an experienced defender against criminal charges in the New Castle area. He can provide the robust defense you need. Taking immediate action is key. Contact us for a detailed, honest, and completely confidential case review at no cost. A skilled New Castle DUI lawyer can also offer valuable insights into related legal matters.
Ohio’s Stance on Controlled Substance Possession
Ohio law, specifically under Ohio Revised Code § 2925.11, generally forbids anyone from obtaining, possessing, or using illegal drugs unless they have specific legal authorization. If you’re looking for guidance, a New Castle DUI lawyer can explain the nuances of this statute.
The severity of offenses related to controlled substance possession is determined by several factors:
- The type of drug involved.
- The quantity of the substance.
- The individual’s prior criminal record.
The penalties for these violations are typically outlined in Ohio Revised Code § 2925.11(C). Consulting a New Castle DUI lawyer can also be beneficial if your case involves related charges.
Drug Possession Penalties and Offense Levels
The following tables break down the potential charges based on the type and amount of the controlled substance. Understanding this information is vital, and a New Castle criminal lawyer can help interpret how it applies to your specific situation.
| Drug | Amount | Offense Level | Guidance |
| Schedule I or Schedule II Controlled Substance | Minimal Quantity (Under Bulk Amount) | Classified as a fifth-degree felony | Under Ohio Revised Code § 2929.13(B), even minimal possession has serious legal weight. |
| Moderate Quantity (Bulk to Less Than 5 Times Bulk) | Falls into a third-degree felony category | There is a presumption favoring prison time due to the larger quantity. | |
| Substantial Quantity (5 to Less Than 50 Times Bulk) | Elevation to a second-degree felony | A mandatory prison sentence is slated due to the serious nature of the offense. | |
| High Quantity (50 to Less Than 100 Times Bulk) | Assigned a first-degree felony charge | The law mandates prison time at this threshold, with no exceptions. A DUI lawyer can clarify the strictness of these laws. | |
| Extreme Quantity (100 Times Bulk or More) | Also a first-degree felony, the most serious level | Conviction results in the maximum prison sentence allowed by law. | |
| Schedule III, IV, or V Controlled Substance | Possession Below Bulk Amount | Not specified in this context | Penalties are not predefined for this specific level. |
| Possession Equal to or Above Bulk Amount (But Less Than Five Times) | Deemed a fourth-degree felony | Referenced in Ohio Revised Code Section 2929.13(C). | |
| Possession Five to Fifty Times Above Bulk Amount | Classified as a third-degree felony | There’s an assumption favoring a term of imprisonment. | |
| Possession Exceeding Fifty Times the Bulk Amount | Constitutes a second-degree felony | A compulsory imprisonment sentence is applied. A criminal lawyer is essential in these cases. | |
| Marijuana (Marihuana) | Possession under 100 grams | Considered a minor misdemeanor | Generally, no jail time is associated with this amount. |
| Between 100 grams and 200 grams | Pegged as a fourth-degree misdemeanor | Incarceration is not a typical consequence for this level. | |
| Between 200 grams and 999 grams | Fifth-degree felony | Ohio Revised Code § 2929.13(B) outlines the regulations. | |
| 1,000 grams to 5,000 grams | Elevated to a third-degree felony | Details are found in Ohio Revised Code § 2929.13(C). | |
| 5,000 grams to 20,000 grams | Third-degree felony | Comes with a stronger assumption that prison time may be granted. | |
| 20,000 grams to less than 40,000 grams | Felony of the second degree | A mandatory prison sentence from five to eight years could be imposed. A New Castle DUI lawyer can advise on the severe penalties. | |
| More than 40,000 grams | Second-degree felony charge | A mandatory imposition of the maximum prison sentence is required. | |
| Cocaine | Less than 5 Grams | Classified as a Fifth-degree felony | Referenced by Ohio Revised Code § 2929.13(B). |
| 5 to 9.99 Grams | Considered a Fourth-degree felony | Governed by Ohio Revised Code § 2929.13(B). | |
| 10 to 19.99 Grams | Third-degree felony | Normally carries a presumption for prison; mandatory if the person has two or more prior felony drug convictions. A criminal lawyer can examine your history. | |
| 20 to 26.99 Grams | Upgraded to a Second-degree felony | Carries a mandatory incarceration term upon conviction. | |
| 27 to 99.99 Grams | Classed as a First-degree felony | Incurs a mandatory prison sentence. | |
| 100 Grams or Above | Also a First-degree felony | Mandatory imprisonment for longer periods or a larger fine may be charged. | |
| Lysergic acid diethylamide (LSD) | Less than 10 doses (solid) or under 1 gram (liquid) | Classified as a fifth-degree felony | Referenced in Ohio Revised Code § 2929.13(B). |
| 10 to fewer than 50 doses (solid), or 1 to less than 5 grams (liquid) | Results in a fourth-degree felony | Delineated in Ohio Revised Code § 2929.13(C). | |
| 50 to 249 doses (solid), or 5 to under 25 grams (liquid) | Third-degree felony | There is a presumption of a prison sentence being applicable. | |
| 250 to 999 doses (solid) | Second-degree felony | Carries a mandatory prison term. | |
| 1,000 to 4,999 unit doses (solid) | First-degree felony | Constitutes a mandatory prison term. | |
| 5,000 unit doses or more (solid) | First-degree felony | A mandatory maximum prison term is applied under Ohio law. A New Castle criminal lawyer should be consulted immediately. | |
| Heroin | Less than 10 unit doses (solid) or less than 1 gram (liquid) | Classified as a Fifth-degree felony | Ohio Revised Code § 2929.13(B). |
| 10 to 49 unit doses (solid) or 1 to 4.99 grams (liquid) | Considered a Fourth-degree felony | Ohio Revised Code § 2929.13(C). | |
| 50 to 99 unit doses (solid) or 5 to 9.99 grams (liquid) | Qualifies as a Third-degree felony | Usually involves a presumption for a prison term. | |
| 100 to 499 unit doses (solid) or 10 to 49.99 grams (liquid) | Incurs a Second-degree felony penalty | Carries a mandatory prison term. A New Castle DUI lawyer can help navigate these complex charges. | |
| 500 to 999 unit doses (solid) or 50 to 99.99 grams (liquid) | Results in a First-degree felony charge | A mandatory prison term applies. | |
| Exceeding 1,000 unit doses (solid) or over 100 grams (liquid) | Classified as a First-degree felony | Leads to a mandatory maximum prison term. | |
| Hashish | Less than 5 grams (solid) or less than 1 gram (liquid) | Minor misdemeanor | No jail time. |
| 5 to under 10 grams (solid); 1 to under 2 grams (liquid) | Fourth-degree misdemeanor | No incarceration. | |
| 10 to under 50 grams (solid); 2 to under 10 grams (liquid) | Fifth-degree felony | Ohio Revised Code § 2929.13(B). | |
| 50 to under 250 grams (solid); 10 to under 50 grams (liquid) | Third-degree felony | Ohio Revised Code § 2929.13(C). Having a criminal lawyer is crucial at this stage. | |
| 250 to under 1,000 grams (solid); 50 to under 200 grams (liquid) | Third-degree felony | Presumed incarceration term. | |
| 1,000 to under 2,000 grams (solid); 200 to under 400 grams (liquid) | Second-degree felony | Mandatory prison sentence of five to eight years. | |
| 2,000 grams or more (solid); 400 grams or more (liquid) | Second-degree felony | Maximum prison term. | |
| Controlled substance analog (synthetic drugs) | Possession Under 10 Grams | Classified as a Fifth-Degree Felony | Governed by Ohio Revised Code § 2929.13(B). |
| 10 to Less Than 20 Grams | Categorized as a Fourth-Degree Felony | Typically involves a presumption for a prison term. A New Castle DUI lawyer can provide more details. | |
| 20 to Less Than 30 Grams | Falls under a Third-Degree Felony | General expectation includes a presumption for a prison term. | |
| 30 to Less Than 40 Grams | Designated as a Second-Degree Felony | The law mandates a prison term. | |
| 40 to Less Than 50 Grams | Regarded as a First-Degree Felony | Imposes a mandatory prison term. | |
| 50 Grams or More | Considered a serious First-Degree Felony | Dictates a mandatory maximum prison term. A New Castle criminal lawyer can fight for your rights. |
Possession of a Controlled Substance Penalties in New Castle
It is crucial to understand the potential consequences of a drug offense conviction in New Castle. The penalties depend heavily on the severity of the offense you are accused of. To help you understand what’s at stake, we have outlined the potential penalties below. A New Castlecriminal lawyer can provide specific advice for your case.
Potential Penalties Based on the Offense Level:
- Minor Misdemeanor:
- A fine of up to $100.
- Fourth-Degree Misdemeanor:
- Up to 30 days in jail.
- A fine of up to $250.
- First-Degree Misdemeanor:
- Up to 180 days in jail.
- A fine of up to $1,000.
- Fifth-Degree Felony:
- Up to 12 months in prison.
- A fine of up to $2,500.
- Fourth-Degree Felony:
- Up to 18 months in prison.
- A fine of up to $5,000.
- Third-Degree Felony:
- Up to 60 months in prison.
- A fine not exceeding $10,000.
- Second-Degree Felony:
- Up to eight years in prison.
- A fine of up to $15,000.
- First-Degree Felony:
- The most severe penalty, with up to 11 years in prison.
- A fine as high as $20,000.
Facing these potential penalties can be frightening. This highlights the importance of understanding the law and seeking expert legal advice from a New Castle criminal lawyer if you find yourself in this situation.
Legal Representation for Drug Possession Charges in Coshocton County, OH
Dealing with the complexities of drug possession charges in Ohio is challenging. You need the expertise of a New Castle criminal lawyer to guide you. When accused of possessing controlled substances in New Castle or anywhere in Coshocton County, engaging a dedicated criminal defense attorney is vital.
Experience That Matters – Attorney Sean Logue
New Castle criminal attorney Sean Logue is a pillar of defense, working tirelessly to achieve outcomes that reduce potential penalties and their impact on your life.
Schedule Your Complimentary Case Evaluation
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- Take advantage of a no-cost consultation to assess your case’s details.
- Discuss comprehensive legal strategies designed specifically for you.
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