Filler weight is included in drug cases. Believe it or not, it is illegal to possess and sell fake drugs in Ohio. Fake drugs are officially referred to as counterfeit controlled substances. While a controlled substance is usually part of a class of illegal or strictly regulated substances, a counterfeit controlled substance is a non-controlled substances that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, color, markings, labeling, packaging, distribution, or price.
Possession of counterfeit controlled substances is a misdemeanor that carries up to a six month jail sentence. Trafficking a counterfeit controlled substance is a felony that carries up to a year in prison. Both carry a mandatory driver’s license suspension.
In 2008, the Ohio legislature added a wrinkle to the counterfeit drug trafficking laws when it amended the drug trafficking statute by stating a “drug” includes any substance that is represented to be a drug. The Ninth district court of appeals that governs Medina County, Summit County, Wayne County and Lorain County said that drugs could include the weight of filler, such as baking soda. This generally allows the filler to be used for bigger drug offenses based upon greater weights. This could mean someone can be sentenced to many years in prison for selling baking soda if they held it out to be cocaine. The Ohio Supreme Court is currently reviewing this issue.
To read more on Ohio drug possession law, click on any of the following links to my other articles related to Ohio drug possession law: Drug courts; Drug trafficking; Traffic stops cannot be extended for a drug dog sniff; Ohio legislature reduces felony sentences; Intervention in lieu of conviction; The difference between misdemeanors and felonies in Ohio; When is consent to search valid; Can the police pull you over based on a tip from another driver.
Attorney Gigiano is an experienced Medina County drug trafficking lawyer in Wadsworth. His positive work is reflected in the following links to his reviews: Daniel Gigiano ratings; Daniel Gigiano; Work of Daniel Gigiano; Daniel Gigiano work; Daniel Gigiano reviews. Call Attorney Gigiano at 330-336-3330 if you need the services of an Orrville drug trafficking lawyer near Rittman or a Barberton drug trafficking lawyer near Norton, Ohio, please call Attorney Daniel F. Gigiano at 330-336-3330.