Drug Possession

The War on Drugs is alive and well in Ohio. The laws regarding drug possession are complicated and the Ohio Revised Code allows for harsh penalties if convicted. Often times, Ohio law enforcement will try to find additional evidence to charge the offender with a more serious offense if they are found with a controlled substance in their possession.

Ohio determines certain drugs as unlawful based on its classification as a controlled dangerous substance (CDS). These drugs are further categorized into different schedules based on their risk of addiction and medical benefits.

Lawyer for Drug Possession in Dayton, OH

If you have recently been charged with drug possession in Dayton, OH, you will want to retain experienced and knowledgeable legal counsel from Joslyn Law Firm. Call us today at (937) 356-3969 and one of our attorneys will assist you. We assist clients in Dayton, Fairborn, Beavercreek, Springfield, Piqua, Troy, Huber Heights and Kettering.

Charges for drug possession do not have to end with a conviction. Having a defense team from Joslyn Law Firm on your side can make all the difference in your case. Call us today or fill out our online contact form and one of our attorneys will review your case for free.


Overview of Drug Possession in Dayton, OH


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Ohio Controlled Substance Schedule

There are hundreds of controlled substances listed under the five schedules in Ohio. Some of the scheduled drugs include substances such as medications without prescriptions, natural substances, man-made substances and chemical substances.  

Under Ohio Revised Code 3719.41, controlled substances are divided into five schedules that range from drugs with no medical use to those with a high potential for abuse. Examples of substances in each schedule include, but are not limited to:

  • Schedule I: Drugs classified under this schedule include marijuana, LSD, ecstasy, peyote, GHB, and heroin. These drugs are considered by Ohio to be the least safe.
  • Schedule II: Examples of substances in this schedule include cocaine, Adderall, opium, and methamphetamine. These drugs have some known medical benefits and have a high potential for dependency and abuse. 
  • Schedule III: Drugs in this schedule include ketamine, anabolic steroids, and barbituric acid. These substances posses a moderate potential for abuse and dependency.
  • Schedule IV: Examples of drugs classified under this schedule include Xanax, Valium, and Ambien. These drugs are known to have medical benefits and have a moderate potential for dependency.
  • Schedule V: Substances under this schedule include any medication with small amounts of codeine that are not included in any of the other schedules. Such drugs have little potential for addiction and abuse. 

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Penalties for possession of a Schedule V drug are usually the least severe while possession of a Schedule I substance comes with the harshest penalties.

Drug Possession Penalties

Because Ohio is ranked near the top in the nation when it comes to drug overdose death, it has strict laws and harsh penalties for those found with possession of a controlled substance.

Under O.R.C 2925.11, the suggested penalties for drug possession include:

  • When convicted of a misdemeanor of the first degree of drug possession, an individual can face up to 180 days in jail and/or a fine up to $1,000.
  • When convicted of a felony in the fifth degree, an individual can face up to six to 12 months in jail and/or a fine of up to $2,5000.
  • When convicted of a felony of the fourth degree, an individual can face up to six to 18 months in jail and/or a fine of up to $5,000 
  • When convicted of a felony in the third degree, an individual can face up to one to five years in prison and/or a fine of up to $10,000.
  • When convicted of a felony in the second degree, an individual can face up to two to eight years in prison and/or a fine of up to $15,000. 
  • When convicted of a felony in the first degree, an individual can face up to three to 10 years in prison and/or a fine of up to $20,000.

Other penalties may include probation, diversion and driver’s license suspension.


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Drug Possession Recourses in Ohio

Narcotics Anonymous- NA is a community-based organization with a membership that is multilingual and multicultural. The NA program is a nonprofit fellowship for individuals with drug addiction who wish to seek help.

Drug Policy Alliance- The Drug Policy Alliance is a national organization that promotes finding safer alternatives to current drug policies in the United States. The organization also promotes policies that reduce the harm associated with drug prohibition and use.


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Attorney for Drug Possession in Dayton, OH  

If you have recently been accused of drug possession in the Dayton area, you will want to retain experienced and knowledgeable legal counsel with Joslyn Law Firm. Call us today at (937) 356-3969 and one of our attorneys will assist you. We proudly assist clients in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn

Charges for drug possession do not have to end with a conviction. Joslyn Law Firm will strive to protect your rights and achieve the best possible outcome for your situation by possibly having your charges reduced or dismissed. Call us today or fill out our online contact form and one of our attorneys will review your case for free.


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