Drug charges can vary greatly in Ohio — from misdemeanors that could result in a small fine to felonies, some of which could carry a sentence up to 10 years in prison.
The severity of the charge and the resulting penalty depends on a variety of factors, including the type of drug found, how much of the drug was found, prior criminal conduct, and the circumstances of the arrest. At Hiltner Trial Lawyers, our attorneys have successfully defended people charged with drug crimes of all types.
There are 10 levels of drug crimes in Ohio, ranging from a minor misdemeanor to a first degree felony.
But there are different types of charges, as well. The two most common types of charges are:
While possession is a misdemeanor, drug trafficking is a felony charge with serious consequences.
A young woman was charged with two felony counts of aggravated possession of drugs. A preliminary hearing was scheduled to determine whether there was enough evidence to send to the grand jury. Hiltner and his client were fully prepared for the hearing, but instead of proceeding with the hearing, the State dismissed all of the charges and all evidence of the arrest was sealed.
A young man was charged with tampering with evidence, a felony of the third degree, and possession of cocaine — a felony of the fifth degree. The man was facing up to a total of 4 years in prison. Hiltner was able to get the tampering with evidence charge dismissed and the felony possession of cocaine reduced to a misdemeanor attempt. The young man was sentenced to community control with no time in jail or prison.
Hiltner Law was hired after a 21 year old man with no criminal record was arrested for drug trafficking in the vicinity of a juvenile after a package containing drugs arrived at his house from California. This charge is a 2nd degree felony carrying a minimum sentence of 3 years in prison. After unsealing the search warrant affidavit and exposing a critical flaw in the search of the package and filing a motion to suppress, our client was permitted to enter into the court’s drug diversion program. If the client successfully completes all drug testing requirements for one year, all charges against him will be dismissed and he will have no criminal record whatsoever.
A young man was the passenger in another man’s car. The driver of the car stopped at a home to pick up a package. Moments later the DEA and local law enforcement arrested the men and charged them with 1st degree felony aggravated drug trafficking. The package contained 16 pounds of meth from California. The young passenger, with no criminal record whatsoever, if convicted, would have to serve a mandatory 11 years in state prison. After our team at Hiltner Law unsealed the search warrant affidavits, we were able to file a detailed motion to suppress that exposed several flaws in the State’s case and showed a complete lack of any evidence against our client. All charges against our client were dismissed by the State.
Under Ohio law, drug possession generally means knowingly obtaining, possessing, or using a controlled substance without legal authorization. Possession can be actual, such as having drugs on your person, or constructive, meaning the drugs were under your control even if not physically on you.
Drug trafficking in Ohio involves selling, offering to sell, transporting, distributing, or preparing controlled substances for distribution. A person can be charged with trafficking even without a completed sale if prosecutors believe the drugs were intended for distribution rather than personal use.
Drug possession focuses on personal use, while drug trafficking involves intent to sell or distribute. Prosecutors often rely on factors such as quantity, packaging, cash, communications, or alleged transactions to argue trafficking instead of possession.
No. Drug possession may be charged as a misdemeanor or a felony depending on the substance and amount involved. Drug trafficking, however, is always charged as a felony in Ohio, with penalties increasing based on drug type, quantity, and surrounding circumstances.
Penalties vary widely depending on the charge. Consequences may include jail or prison time, fines, probation, driver’s license suspension, mandatory treatment programs, and a permanent criminal record. Trafficking cases often carry harsher penalties and may involve asset forfeiture.
Yes. Charges may be reduced or dismissed if evidence was obtained unlawfully, the prosecution cannot prove possession or intent to distribute, or constitutional rights were violated during a stop, search, or arrest. Each case requires careful legal review.
Yes. The type and quantity of drugs play a significant role in how charges are classified and punished. Larger quantities are more likely to result in felony possession charges or trafficking allegations with enhanced penalties.
You should contact a criminal defense attorney immediately and avoid speaking with law enforcement without legal representation. Early legal guidance can help protect your rights and prevent additional charges.
A drug defense attorney can challenge searches and seizures, examine how evidence was handled, question alleged intent to distribute, negotiate with prosecutors, and build a defense strategy aimed at reducing charges or avoiding conviction.
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