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Drug Crimes

If you have been charged with a drug offense or a crime involving controlled substances in Dayton, you can possibly face serious penalties including, but not limited to:

  • Harsh fines,
  • A driver's license suspension,
  • Jail or prison time, fines,
  • A criminal record,
  • An inability to pursue certain professions or occupations, and/or
  • An inability to be admitted to certain colleges or graduate school programs.

In addition to state drug offenses and penalties, an individual could also face charges for drug crimes under federal law. The penalties associated with a conviction for a federal offense are often more serious and can lead to lengthier federal prison time and very steep fines.

If you have been charged with a drug offense throughout Dayton, it is important to know that you do not necessarily have to face a conviction for the offense. The state prosecutor is required to prove you committed every element of the offense beyond a reasonable doubt. This is often a very difficult burden to meet and if the judge or jury has any doubt you committed every element of the drug offense, the charges against you may be reduced or even dismissed. Therefore, it is essential to contact an experienced criminal defense attorney in Dayton to help you begin creating your ideal legal defense.

Dayton Drug Crime Lawyer

Contact the Joslyn Law Firm for a consultation today about your alleged drug crime offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in defending drug crimes in Dayton and will make every effort to achieve the most desirable outcome in your particular situation. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a drug offense throughout Dayton, Ohio.


Dayton Drug Crimes Information Center


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Dayton Drug Crimes

Drug crimes in Ohio are defined in Chapter 2925 of the Ohio Revised Code The following is a list of some of the most common drug offenses in Ohio:

Possession of a Controlled Substance - Ohio Rev. Code § 2925.11 – An individual can be charged with this offense if they knowingly obtain, possess or us a controlled substance. This offense is generally punishable as a misdemeanor of the first degree or felony of the fifth, fourth, third, second or first degree, depending on the type and amount of drug and whether the offense occurred near minors or school property. If the offense involves a specified controlled substance in Schedule I or II, the individual can be charged with aggravated possession of drugs.

Possession of Drug Paraphernalia - Ohio Rev. Code § 2925.12 – An individual can be charged with this offense if they knowingly make, obtain, possess or use any instrument, article or thing that is intended to administer a controlled substance.. Examples of drug paraphernalia can include hypodermics, syringes, papers, needles, plastic bags, cutting devices, spoons, razors, etc. This offense is generally punishable as a misdemeanor of the first or second degree.

Drug Manufacturing - Ohio Rev. Code § 2925.04 – An individual can be charged with this offense if they engage in any part of the production of a controlled substance. This offense is generally punishable as a felony of the third, second or first degree, depending on the type and amount of drug and whether the offense occurred near minors or school property.

Drug Trafficking - Ohio Rev. Code § 2925.03 – An individual can be charged with this offense if they sell, ship, transport, distribute or deliver any controlled substance. This offense is generally punishable as a felony of the fifth, fourth, third, second or first degree, depending on the type and amount of drug and whether the offense occurred near minors or school property.  If the offense is a specified controlled substance in Schedule I or II, the individual can be charged with aggravated drug trafficking.


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Commonly Used Drugs in Dayton

Medications, street drugs, prescriptions, prescription pills, natural chemicals, man-made chemicals, naturally growing substances, and anything else that has potential for abuse can be classified as a controlled substance in Ohio. Some of the most commonly used drugs in Dayton can include any of the following:

  • Adderall
  • Ambien or Zolpidem
  • Cathinone, also known as Bath Salts
  • Cocaine
  • Codeine
  • Ecstasy (MDMA)
  • Gamma-hydroxybutyric acid, also known as GHB, the Date Rape Drug
  • Heroin
  • Hydrocodone
  • Ketamine or Special K
  • Lortab
  • Lorcet
  • LSD (Acid)
  • Methadone
  • Methamphetamines (Meth)
  • Morphine
  • Opium or Opiates
  • OxyContin
  • Oxymorphone
  • Oxycodone Hydrochloride
  • Psilocybin, also known as Psilocyn, Magic Mushrooms, Shrooms
  • Phenylcyclidine, also known as PCP, Angel Dust
  • Salvia divinorum, also known as Salvinorin A, Salvia, Synthetic Marijuana
  • Tetrahydrocannabinols (THC), also known as Cannabis, Marijuana, Pot, Weed, Ganja, Bud, Chronic
  • Valium
  • Vicodin
  • Xanax

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Schedule of Drugs in Ohio

All drugs, chemicals, medication and controlled substances in Ohio are categorized into one of five different schedules, ranging from Schedule I to V. According to section 3719.41 of the Ohio revised Code, these schedules range from the most addictive substances with little known or used medical purposes in Schedule I to the least addictive substances with commonly used medical applications.

  • Schedule I - The substances in this schedule have the highest potential for abuse and no known or rarely accepted medical purpose. Substances in this schedule can include marijuana, heroin, ecstasy and MDMA.
  • Schedule II - The substances in this schedule also have a high potential for abuse, but have known or used, albeit limited, medical applications. Substances in this schedule can include methamphetamines, cocaine, opium and hydrocodone.
  • Schedule III – The substances in this schedule have a lower potential for abuse and are commonly used for medical purposes. An example of a substance in this schedule is LSD or acid.
  • Schedule IV – The substances in this schedule have a lower potential for abuse and are commonly used for medical applications. Substances in this schedule can include Valium and Xanax.
  • Schedule V – The substances in this schedule have the least potential for abuse and have commonly used medical applications. Substances in this schedule can include medications with a small amount of narcotic preparation medication, if they are not listed in another schedule.

Generally, the penalties for drug crimes involving substances in Schedule I are the most severe, and the least severe penalties are often associated with drug offenses involving substances classified in Schedule V.


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Drug Crime Penalties in Dayton

According to the Ohio Revised Code, the general penalties an individual may face for a drug crime conviction are as follows:

  • An individual convicted of a minor misdemeanor drug offense can face a fine up to $150.
  • An individual convicted of a misdemeanor of the fourth degree drug offense can face a jail sentence up to 30 days and/or a fine not more than $250.
  • An individual convicted of a misdemeanor of the third degree drug offense can face a jail sentence up to 60 days and/or a fine up to $500.
  • An individual convicted of a misdemeanor of the second degree drug offense can face a jail sentence up to 90 days and/or a fine up to $750.
  • An individual convicted of a misdemeanor of the first degree drug offense can face a jail sentence up to 180 days and/or a fine up to $1,000.
  • An individual convicted of a felony of the fifth degree drug offense can face a prison sentence ranging from sex to 12 months and/or a fine up to $2,500.
  • An individual convicted of a felony of the fourth degree drug offense can face a prison sentence ranging from six to 18 months and/or a fine up to $5,000.
  • An individual convicted of a felony of the third degree can face a prison sentence ranging from one to five years and/or a fine up to $10,000.
  • An individual convicted of a felony of the second degree can face a prison sentence ranging from two to eight years and/or a fine up to $15,000.
  • An individual convicted of a felony of the first degree can face a prison sentence ranging from three to 10 years and/or a fine up to $20,000.

An individual convicted of a drug crime in Dayton may face increased penalties depending on various factors, such as the amount of the substance involved in their offense, the type of substance involved in their offense, whether a weapon was used during the commission of the offense, whether they had a previous conviction, whether the offense occurred near a school or minor children, and/or whether serious bodily injury or death resulted to anyone during the commission of the offense.


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Drug Courts in Dayton

Many counties in Ohio provide drug courts as an alternative sentence to jail or prison time and fines for eligible offenders. Individuals who are generally eligible can include individuals who have been charged with low-level, nonviolent offenses. Many of the individuals in the Ohio drug court programs have issues with drug abuse, employment or education issues and/or mental health problems.

In order to complete the voluntary program, the alleged offender must comply with strict supervision and treatment requirements. The drug court programs generally last around 18 months and if the alleged offender successfully completes the program, they are released, often without a conviction of the underlying offense. However, if the alleged offender fails to complete the program, they may face a conviction for their underlying offense, in addition to increased penalties and repercussions.

Montgomery County, Miami County, Clark County and Greene County all provide some form of drug court program.


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Dayton Drug Defense Resources

Drug Policy Alliance (DPA) – The Drug Policy Alliance (DPA) is a national organization that encourages finding safer alternative to current drug policy in the nation. The DPA also promotes policies that reduce the harms associated with drug use and drug prohibition.

Students for a Sensible Drug Policy  (SSDP) –  The SSDP is a national organization that aims to empower young adults in order to strive for more sensible drug policies and fight the War on Drug policies that tend to be more hurtful than beneficial to youth and students.

Ohio Revised Code – This link is to Chapter 2925 of the Ohio revised Code, which defines Ohio drug offenses and penalties, including drug possession, drug trafficking and manufacturing controlled substances.

Dayton Area Service Committee Narcotics Anonymous – This link is to the website of the DASCNA, which provides information to the public, professionals and existing Narcotics Anonymous members about recovery in NA in Dayton, Ohio and the surrounding areas. The program can be contacted at:

Dayton Area Service Committee Narcotics Anonymous
P.O Box 1052
Dayton, Ohio 45401
Phone: (937) 833-6262

Narcotics Anonymous – This national non-profit organization assists individuals suffering from drug addiction by providing meetings and support groups with other individuals who suffer from similar substance abuse issues in order to seek treatment and maintain a sober lifestyle.

Drug Enforcement Administration - Federal Drug Penalties – This federal investigative and enforcement agency, also known as the DEA, provides information on federal drug crimes and the penalties an individual could face if convicted of a federal drug offense.


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Joslyn Law Firm | Dayton Drug Defense Attorney

If you have been accused of a drug crime throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an experienced Dayton criminal defense attorney who will make every effort to help you achieve the most desirable outcome for your particular situation. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged controlled substance offense in Dayton.

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