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Should Filler Weight Be Included In Ohio Drug Cases


Should filler weight be included in Ohio drug cases? Many drug offenses are based on the weight of the controlled substance found in the suspect’s possession. However, the tests performed by the Bureau of Criminal Investigation (BCI) do not test for the purity of the substance. When cocaine is cut with sugar or some other filler material, should the level of offense be based on the actual weight of the cocaine or the total weight of the cocaine and filler?  Most appellate districts in Ohio have ruled that the total weight of the controlled substance and filler can be used.


The Ohio Supreme Court has agreed to hear an appeal in order to address the important question of “should filler weight be included in drug cases?” If the Ohio Supreme Court rules that only the weight of the controlled substance, and not the filler, can be used, this case will have a significant impact on drug possession and drug trafficking cases throughout Ohio.  The name of the case before the Ohio Supreme Court is Ohio v. Gonzales.


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; Good faith exception.


Attorney Gigiano is an experienced Medina County drug possession attorney 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 a Wooster drug possession attorney near Orrville or an Akron drug possession attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.