Felony drug possession is a serious offense in Ohio, and it comes with severe legal consequences. Ohio laws treat drug crimes harshly, especially when the offense involves controlled substances in significant quantities. If someone is caught with illegal drugs in amounts that exceed the legal threshold for misdemeanor charges, they may face felony drug possession charges. These charges can affect a person’s future in many ways, from the potential for long-term imprisonment to the loss of rights, such as the ability to vote or own firearms. Understanding the legal landscape in Ohio for drug-related crimes is crucial for anyone facing such charges. It is also important to know that felony drug possession cases often have lasting effects beyond the courtroom.
Ohio drug laws are complex, and they differ depending on the type and quantity of the drug involved. Being informed about these laws and their penalties can help individuals better understand what is at stake. Navigating these laws is not easy, especially when a person is already facing the stress of being charged. Below, we will look at the different aspects of felony drug possession charges in Ohio and what someone can expect if they are charged with this crime. At, Sabol & Mallory Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamWhat Is Felony Drug Possession?
In Ohio, drug possession laws are divided into different categories depending on the type of drug and the amount in a person’s possession. These categories are called “schedules,” and they are based on how dangerous or addictive a drug is perceived to be. For example, drugs like heroin, cocaine, and methamphetamine are considered to be among the most dangerous and are classified under Schedule I or Schedule II. Possession of these substances can lead to some of the harshest penalties under Ohio law.
When the amount of the drug found in a person’s possession is higher than a certain threshold, the charge is classified as a felony. This means that the person is accused of possessing more than what would be considered for personal use, and they could face charges of drug trafficking or intent to distribute, even if they had no intention of selling the drugs. Felony drug possession charges are very serious, and the potential penalties can be life-changing.
Consequences of a Felony Drug Possession Conviction
If someone is convicted of felony drug possession in Ohio, the consequences can be severe and long-lasting. A felony conviction can result in substantial prison time, hefty fines, and a permanent criminal record. Depending on the schedule of the drug and the amount involved, the length of the prison sentence can vary significantly. For instance, possession of a small amount of a controlled substance could lead to a minimum prison sentence of six months, while possession of larger quantities can result in sentences ranging from two years to ten years or more.
In addition to prison time and fines, a felony drug possession conviction can also lead to the loss of certain rights. For example, individuals convicted of felonies are often prohibited from owning firearms or voting in elections. This can have a deep impact on a person’s life, making it difficult for them to fully reintegrate into society even after they have served their time. The stigma of a felony conviction can also make it harder to find employment, housing, and educational opportunities.
How Ohio Classifies Controlled Substances
Ohio’s drug laws are based on the federal government’s classification of controlled substances. These are divided into five schedules, ranging from Schedule I to Schedule V. Schedule I substances are considered the most dangerous and have no accepted medical use. This category includes drugs such as heroin, LSD, and ecstasy. Schedule II substances, like cocaine and methamphetamine, are also highly addictive and have limited medical use. Drugs that fall under Schedule III to Schedule V are generally considered to have a lower potential for abuse, but possession of these substances can still lead to felony charges if the amount is high enough.
The classification of the drug plays a significant role in determining the severity of the charges and the potential penalties. For example, someone caught with a small amount of a Schedule IV drug like Xanax might face a less severe penalty than someone caught with a Schedule I drug like heroin. However, it is important to remember that even possession of lower-schedule drugs can still result in felony charges under certain circumstances, especially if the amount is large.
Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
Factors That Can Increase Penalties
Several factors can influence the severity of the penalties for felony drug possession in Ohio. One of the most significant factors is the amount of the drug found in the person’s possession. Larger quantities of drugs often lead to more severe charges and longer prison sentences. Another factor is the location where the drugs were found. If someone is caught possessing drugs near a school or in a drug-free zone, they may face enhanced penalties. Additionally, prior criminal history can play a role in increasing the severity of the punishment. Someone with previous convictions for drug-related offenses is more likely to face harsher penalties than a first-time offender.
In some cases, a person charged with felony drug possession may also face additional charges, such as drug trafficking or intent to distribute. These charges can further increase the potential penalties, leading to longer prison sentences and larger fines. It is essential for anyone facing felony drug possession charges to understand the specific factors that may affect their case and to seek legal representation as soon as possible.
Options for Defending Against Felony Drug Possession Charges
There are several defenses that can be used to fight felony drug possession charges in Ohio. One common defense is challenging the way the evidence was obtained. If law enforcement conducted an illegal search or seizure, the evidence may be inadmissible in court, which could lead to the charges being dropped. Another possible defense is showing that the drugs did not belong to the accused person or that they were unaware of their presence. In some cases, the drugs may have been planted or found in a location where the accused person had no control.
Another defense is to challenge the accuracy of the drug testing. Laboratory errors or mishandling of evidence can sometimes lead to false positives or incorrect results. It is also possible to argue that the amount of the drug found in the person’s possession was for personal use, not for distribution, which could lead to lesser charges or penalties.
Seeking treatment for drug addiction may also be a viable option for some individuals. Ohio has several programs aimed at helping individuals with substance abuse issues, and completing a rehabilitation program may help reduce the charges or penalties. A lawyer can help explore all of the available options and work toward the best possible outcome for the case.
The Long-Term Impact of a Felony Drug Conviction
A felony drug conviction in Ohio can have long-term consequences that extend far beyond the prison sentence and fines. One of the most significant impacts is the damage to a person’s criminal record. A felony conviction can make it difficult to find employment, especially in fields that require background checks. Many employers are hesitant to hire individuals with felony convictions, particularly those related to drug crimes.
A felony conviction can also affect housing opportunities. Many landlords conduct background checks on potential tenants, and a drug-related felony can make it difficult to find a place to live. This can create a cycle of instability that is hard to break, making it challenging for individuals to rebuild their lives after serving their sentence.
In addition, a felony drug conviction can limit educational opportunities. Many colleges and universities are unwilling to admit individuals with felony convictions, and those that do may not offer financial aid to individuals with drug-related convictions. This can make it difficult for individuals to pursue higher education and improve their career prospects.
What To Do If You Are Facing Felony Drug Possession Charges
If you or someone you know is facing felony drug possession charges in Ohio, it is important to act quickly. The legal system can be overwhelming, especially for individuals who are unfamiliar with how it works. A person facing felony drug charges should contact an attorney as soon as possible to discuss their case. An experienced lawyer can help guide them through the legal process and work to protect their rights.
Facing felony drug possession charges is a serious matter, and the consequences can be life-changing. It is important to understand the charges, the potential penalties, and the available defenses. With the right legal representation, it may be possible to reduce the charges or penalties and achieve a more favorable outcome.
If you are facing felony drug possession charges, Sabol Mallory Law Firm is here to help. Our experienced team understands Ohio’s drug laws and can work with you to build a strong defense. Contact us today to learn how we can assist you in navigating the legal system and fighting for the best possible outcome in your case.