Ohio drug laws vary depending upon the type and quantity of the drug. Despite the nationwide trend towards legalization of marijuana, possession of marijuana is still illegal in Ohio except for medical purposes. Greater quantity of drugs also results in greater penalties.
Possession Of Small Amounts Of Drugs In Ohio
Possession of small amounts of illegal, unprescribed drugs varies greatly. Possession of a small amount of marijuana is a minor misdemeanor, which does not even carry a potential jail sentence. Possession of a small amount of heroin, methamphetamines, or cocaine is a fifth degree felony, which carries up to a year in prison.
Possession Of Bulk Amounts of Drugs In Ohio
A bulk amount is the first unit of measure in which enhancement of the offense occurs. For some drugs, bulk is determined by a number of doses, which can be individual doses or maximum daily doses. The bulk amount for schedule I opiates is ten grams or twenty-five unit doses. The bulk amount for schedule II opiates is five grams or ten unit doses. The bulk amount for methamphetamines is three grams. A “unit dose” means exactly what it says—it is separately identifiable and in a form to be taken by an individual. In other words, a single pill.
Bulk amounts of drugs results in increased penalties. Possession of less than a bulk amount of methamphetamines is a fifth degree felony, punishable by up to a year in prison. Possession of a bulk amount of methamphetamines is a third degree felony, punishable by up to three years in prison. Possession of five times the bulk amount of methamphetamines is a second degree felony with a mandatory prison term and punishable by up to eight years in prison. Possession of fifty times the bulk amount of methamphetamines is a felony of the first degree with a mandatory prison term and punishable by up to ten years in prison. Possession of one hundred times the bulk amount of methamphetamines is a first degree felony with a mandatory prison term of ten years in prison.
Ohio Drug Laws Do Not Always Require Prison Terms
Misdemeanor drug offenses are not eligible for prison time. As stated above, possession of a small amount of marijuana does not even carry jail time. Fifth degree felony possession can get intervention in lieu of conviction, which is a program that focuses on drug-treatment and dismissal of the offense for successful completion.
Attorney Daniel Gigiano. Aggressive. Knowledgeable. Experienced.
Attorney Daniel Gigiano has practiced criminal law since 1993. In 2002, he started his current firm, Daniel F. Gigiano Co., L.P.A., where he regularly defends individuals in criminal and juvenile cases. Attorney Daniel Gigiano’s office is located in downtown Wadsworth, Medina County, Ohio, and he can be reached at 330-336-3330.