Drug Trafficking

Many associate the term “drug trafficking” with cartels and criminal bosses. However, drug trafficking simply means you’re guilty of delivering or selling a controlled substance. Drug trafficking in Ohio is a serious offense with harsh penalties. Depending on the circumstances, you could be stuck with a felony-level charge. 

If you or someone you love has been charged with drug trafficking, there’s no time to be idle. You could face expensive fines and even time behind bars if you’re convicted. Hiring an attorney can significantly increase your chances of reducing or dismissing your charges entirely. Don’t wait another moment to plan your line of defense and contact trusted legal representation as soon as possible. 

Dayton Lawyer for Drug Trafficking in Ohio

Trafficking a controlled substance could lead to severe ramifications. The penalties for a drug trafficking conviction are nothing to laugh at and the social stigma of having a criminal record is just as unforgiving. Fight for your rights today by calling the attorneys at Joslyn Law Firm.

Our criminal defense lawyers have the talent and experience you need for your drug crime. We’re proud to represent our clients and do whatever’s possible to provide them with excellent legal service. Call us today to schedule a consultation surrounding your case completely free. Our number is (937) 356-3969 and we practice throughout the Montgomery County area including Miamisburg, Englewood and Dayton.

Overview of Drug Trafficking in Ohio 


Ohio’s Drug Schedules

Ohio determines the penalties for drug crimes by the schedule the substance is categorized under. Drug schedules are a way to classify controlled substances by their level of addiction and their usage in the medical field. Ohio has five drug schedules that can be found under their Revised Code section 3719.41. These include:

  • Schedule I – Drugs with the highest potential for addiction can be found under schedule I. Most schedule I drugs have no use in medicine at all. Some examples include peyote, psilocyn, and marijuana.
  • Schedule II –Schedule II drugs are considered to be extremely high risk with a limited scope in the medical field. Some examples include methadone, GHB and codeine.
  • Schedule III – A drug under schedule III may have some accepted use in the United States and a moderate potential for abuse than schedule I or II drugs. These can include ketamine, anabolic steroids and barbituric acids.
  • Schedule IV – Many pharmaceutical drugs are categorized under schedule IV. These controlled substances can induce addiction if abused but are generally used in medicine. A few examples include Valium and Xanax.
  • Schedule V – Controlled substances under schedule V have the lowest potential for chemical dependency and are widely used in the medical field. They are typically over-the-counter cough medicines consisting of small amounts of narcotics such as codeine. 

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What’s the Difference Between Drug Trafficking and Aggravated Drug Trafficking?

A drug trafficking charge can be enhanced to aggravated drug trafficking if certain factors are present within the crime. These factors include what schedule the controlled substance is classified under and if the offense was within the proximity of a school, church or a juvenile. An aggravated drug trafficking charge will have harsher penalties. 

Standard drug trafficking penalties will apply to drugs under the following schedules:

  • Schedule III;
  • Schedule IV;
  • Schedule V;
  • Cocaine;
  • LSD;
  • Heroin;
  • THC Concentrates; and
  • Marijuana

A charge will be enhanced to aggravated drug trafficking if the drug is classified under:

  • Schedule II; or
  • Schedule I

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Penalties for Drug Trafficking in Ohio

The consequences for a drug charge depend on the circumstances of the crime. Major elements include what schedule the drug is categorized under and whether or not the offense was near a school, church or a juvenile. Often drug trafficking charges will result in a felony charge, which means you could potentially face time in prison.

Listed below are the penalties for drug trafficking in Ohio. 


Drug


Amount


Offense Level


Penalties

Schedule I or Schedule II Drug

Less than bulk amount

Fifth-degree felony


A fine of up to $2,500 and up to 12 months in prison.


Equals or exceeds the bulk amount, but less than five times the bulk amount

Third-degree felony

A fine of up to $10,000 and up to 5 years in prison.


Equals or exceeds five times the bulk amount, but less than 50 times the bulk amount

Second-degree felony

A fine of up to $15,000 and up to 8 years in prison.

Equals or exceeds 50 times the bulk amount, but less than 100 times the bulk amount

   
  First-degree felony


A fine of up to $20,000 and up to 11 years in prison.


Equals or exceeds 100 times the bulk amount

First-degree felony


A fine of up to $20,000 and up to 11 years in prison

 


Drug


Amount


Offense Level


Penalties

Schedule III, IV, or V Drug

Less than bulk amount


First-degree misdemeanor


A fine of up to $1,000 and up to 180 days in jail


Equals or exceeds the bulk amount, but less than five times the bulk amount

Fourth-degree felony


A fine of up to $5,000 and up to 18 months in prison


Equals or exceeds five times the bulk amount, but less than 50 times the bulk amount

Third-degree felony

A fine of up to $15,000 and up to 5 years in prison


Equals or exceeds 50 times the bulk amount

Second-degree felony

A fine of up to $15,000 and up to 8 years in prison

 


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Specific Drug Trafficking Penalties in Ohio

In Ohio, certain drugs do not follow the standard sentencing of other substances in their schedule. Instead the state of Ohio has designated specific penalties for these drugs if anyone was charged with delivering or selling them. These substances include cocaine, marijuana, lysergic acid diethylamide (LSD), heroin and synthetic versions of drugs. The following are their penalties if you’re convicted of drug trafficking.

 


Drug


Amount


Offense Level


Penalties

Marijuana


Less than 100 grams

Minor misdemeanor

Up to $100 In fines


At or over 100 grams, but less than 200 grams

Fourth-degree misdemeanor

A fine of up to $250 and up to 30 days in jail

At or over 200 grams, but less than 1,000 grams

Fifth-degree felony


A fine of up to $2,500 and up to 12 months in prison

At or over 1,000 grams, but less than 5,000 grams

Third-degree felony


A fine of up to $10,000 and up to 5 years in prison


At or over 5,000 grams, but less than 20,000 grams

Third-degree felony


A fine of up to $10,000 and up to 5 years in prison

At or over 20,000 grams, but less than 40,000 grams

Second-degree felony


A fine of up to $15,000 and up to 8 years in prison

At 40,000 grams or more

Second-degree felony


A fine of up to $15,000 and up to 8 years in prison

  


Drug


Amount


Offense Level


Penalties

Cocaine

Less than 5 grams

Fifth-degree felony


A fine of up to $2,500 and up to 12 months in prison


At or over 5 grams, but less than 10 grams

Fourth-degree felony


A fine of up to $5,000 and up to 18 months in prison

At or over 10 grams, but less than 20 grams

Third-degree felony


A fine of up to $10,000 and up to 5 years in prison


At or over 20 grams, but less than 27 grams

Second-degree felony


A fine of up to $10,000 and up to 5 years in prison

 

At or over 27 grams, but less than 100 grams

First-degree felony

A fine of up to $20,000 and up to 11 years in prison

100 grams or more

First-degree felony


A fine of up to $20,000 and up to 11 years in prison

 


Drug


Amount


Offense Level


Penalties

Lysergic acid diethylamide (LSD)


Less than 10 units in solid form or less than 1 gram in liquid form

Fifth-degree felony


A fine of up to $2,500 and up to 12 months in prison

10 units or more but less than 50 units in solid form, or 1 gram or more but less than 5 grams in liquid form

Fourth-degree felony


A fine of up to $5,000 and up to 18 months in prison

50 units or more but less than 250 units in solid form, or 5 grams or more but less than 25 grams in liquid form

Third-degree felony


A fine of up to $10,000 and up to 5 years in prison

250 units or more but less than 1,000 units in solid form, or 25 grams or more but less than 100 grams in liquid form

Second-degree felony

A fine of up to $10,000 and up to 5 years in prison

1,000 units or more but less than 5,000 units in solid form, or 100 grams or more but less than 500 grams in liquid form

First-degree felony

A fine of up to $20,000 and up to 11 years in prison

5,000 units or more in solid form, or 500 grams or more in liquid form

First-degree felony


A fine of up to $20,000 and up to 11 years in prison

 


Drug


Amount


Offense Level


Penalties

 

 

 

 

 

 

Heroin


Less than 10 solid form units or less than 1 gram in liquid form

Fifth-degree felony


A fine of up to $2,500 and up to 12 months in prison


10 solid form units or more but less than 50 units, or 1 gram or more but less than 5 grams in liquid form

Fourth-degree felony

A fine of up to $5,000 and up to 18 months in prison


50 solid units or more but less than 100 units, or 5 grams or more but less than 10 grams in liquid form

Third-degree felony

A fine of up to $10,000 and up to 5 years in prison


100 solid units or more but less than 500 units, or 10 grams or more but less than 50 grams in liquid form

Second-degree felony

A fine of up to $10,000 and up to 5 years in prison


500 solid units or more, but less than 1,000 units, or 50 grams or more but less than 100 grams in liquid form

First-degree felony

A fine of up to $20,000 and up to 11 years in prison


1,000 solid units or more, or 100 grams or more in liquid form

First-degree felony


A fine of up to $20,000 and up to 11 years in prison

 


Drug


Amount


Offense Level


Penalties

 

 

 

 

 

 

 

Hashish or THC Concentrates


Less than 5 grams in solid form or less than 1 gram in liquid form

Minor misdemeanor

Up to $100 in fines


5 grams or more but less than 10 grams in solid form, or 1 gram or more but less than 2 grams in liquid form

Fourth-degree misdemeanor

A fine of up to $250 and up to 30 days in jail


10 grams or more but less than 50 grams in solid form, or 2 grams or more but less than 10 grams in liquid form

Fifth-degree felony

A fine of up to $2,500 and up to 12 months in prison


50 grams or more but less than 250 grams in solid form, or 10 grams or more but less than 50 grams in liquid form

Third-degree felony

A fine of up to $10,000 and up to 5 years in prison


250 grams or more but less than 1,000 grams in solid form, or 50 grams or more but less than 200 grams in liquid form

Third-degree felony

A fine of up to $10,000 and up to 5 years in prison


1,000 grams or more but less than 2,000 grams in solid form, or 200 grams or more but less than 400 grams in liquid form

Second-degree felony

A fine of up to $10,000 and up to 5 years in prison


2,000 grams or more in solid form, or 400 grams or more in liquid form

Second-degree felony

A fine of up to $10,000 and up to 5 years in prison

 


Drug


Amount


Offense Level


Penalties

 

 

 

 

Synthetic Drugs

Less than 10 grams

Fifth-degree felony


A fine of up to $2,500 and up to 12 m


At or over 10 grams, but less than 20 grams

Fourth-degree felony


A fine of up to $5,000 and up to 18 months in prison


At or over 20 grams, but less than 30 grams

Third-degree felony


A fine of up to $10,000 and up to 5 years in prison


At or over 30 grams, but less than 40 grams

Second-degree felony


A fine of up to $10,000 and up to 5 years in prison


At or over 40 grams, but less than 50 grams

First-degree felony


A fine of up to $20,000 and up to 11 years in prison

At 50 grams or more

First-degree felony


A fine of up to $20,000 and up to 11 years in prison


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Additional Resources

NORML: Ohio Chapter – Visit the official website for the National Organization for Reform of Marijuana Laws otherwise known as NORML. Access the site to learn more about marijuana arrest data, state laws for cannabis and ways to get involved in cannabis law reform 

Drug Trafficking Laws in Ohio – Visit the official website of the Ohio Revised Code to learn more about their drug trafficking laws. Access the site to learn more about drug trafficking, the penalties and other related controlled substance offenses.


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Lawyer for Drug Trafficking in Montgomery County, Ohio

Have you been accused or arrested of a drug trafficking offense? It’s vital you secure legal representation before you make any major decisions. A drug trafficking charge has serious ramifications and a conviction can hinder you in both your professional and personal life. Fight back with sturdy legal counsel at [firm].

The attorneys at [firm] excel at representing those accused of drug crimes. We will apply our resources and extensive knowledge to your case. Contact us today at [phone] to set up your first appointment free. We accept clients throughout the greater Dayton area and surrounding cities including Vandalia, Centerville, Miamisburg and Englewood.


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This article was last updated on July 25, 2019.

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