Drug Trafficking

Ohio law defines drug trafficking as knowingly selling, shipping, transporting, offering to sell, distributing or delivering a controlled substance. Commonly trafficked drugs include marijuana, cocaine, and heroin.

Usually, drug trafficking involves the sale of substances that fall under schedules III, IV or V, while substances classified as a schedule I or II are typically charged as aggravated drug trafficking. Regardless, if you are charged with either, you may be facing significant prison time.

Drug Trafficking Lawyer in Dayton, OH

If you have been arrested for an alleged drug trafficking crime in the Dayton, Ohio area, retaining an experienced criminal defense team from Joslyn Law Firm can make all the difference in the outcome of your case. Joslyn Law Firm will strive to protect your rights and achieve the best possible outcome for your situation.

Call Joslyn Law Firm today at (937) 356-3969 for a free case review about you alleged drug trafficking offense in the Dayton, Ohio area. Along with Dayton, we assist clients in Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, and Fairborn.


Overview of Drug Trafficking in Ohio


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Ohio Drug Trafficking Statutes

The statutes involving drug trafficking are extensive and can be complicated to understand. Some of the statutes in the Ohio Revised Code pertaining to drug trafficking are listed below:

  • R.C 2925.03(C)(2): Drug trafficking generally applies to compounds, mixtures, preparations or substances that fall under schedule III, IV, or V. The penalties for such an offense vary and are based on the amount of the drug and whether the offense took place near a school or involved minors.
  • R.C 2925.03(C)(1): Aggravated drug trafficking is established as compounds, mixtures, preparations or substances included under schedule I or II. Charges for aggravated drug trafficking vary depending on whether the offense took place near a school or involved minors

The O.R.C establishes that licensed health professionals who are authorized to prescribe or sell medications are usually exempt from drug trafficking charges.


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Drug Trafficking Penalties

The possible penalties you may face for drug trafficking vary based on the amount, the schedule of the substance and if the offense took place near a school or involved minors. The following penalties are applied to controlled substances classified as schedule III, IV or V:

  • If the controlled substance is less than the bulk amount, you may be charged with a fifth-degree felony, at least six months and up to 1 year in prison in addition to fines up to $2,5000. If the offense took place near a school or involved minors, you could be charged with a fourth-degree felony, at least six months and up to 18 in prison and up to $5,000 in fines. 
  • If the controlled substance exceeded or was equal to the bulk amount, but was less than five times the bulk amount, you could be charged with a fourth-degree felony. If the offense took place near a school or involved minors, the offense is then punishable as a third-degree felony, at least one year and up to five in prison and up to $10,000 in fines.
  • If the amount of the controlled substance exceeds or was equal to 50 times the bulk amount, the offense is punishable as a second-degree felony. If it was committed near a school or involved minors, the offense is then punishable as a first-degree felony, at least three years and up to 10 in prison and up to $20,000 in fines.

Also, when an individual is charged with drug trafficking, they could possibly have their driver’s license suspended, receive mandatory fines and suspension or revocation of professional license.  

The bulk amount is set by the O.R.C and varies depending on the type of drug and its dosage. For instance, the bulk amount for Adderall pills is 360 tablets, but this amount will change depending on the strength and dosage of the drug.


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Aggravated Drug Trafficking Penalties

The penalties you may face for aggravated drug trafficking are harsher than those of regular drug trafficking. A drug trafficking charge can be elevated to aggravated if you exceeded the bulk amount or if the offense took place near a school or involved minors. The following penalties are applied to controlled substances that are classified as a schedule I or II:

  • If the aggravated offense was less than the bulk amount and did not take place near a school or involve minors, the offender may be charged with a fourth-degree felony, at least six months and up to 18 in prison and up to $5,000 in fines.
  • If the aggravated offense took place near a school or involved minors and the controlled substance was less than the bulk amount, the offender may be charged with a fourth-degree felony and sentenced to one and up to five years in prison and up to $10,000 in fines.
  • If the controlled substance equaled to or exceeded the bulk amount but was less than five times the bulk amount, the offender may be charged with a third-degree felony. If the offense was committed near a school or involved minors, the offense is punishable as a second-degree felony, at least two and up to eight years in prison and up to $15,000 in fines.
  • If the controlled substance equaled to or exceeded five times the bulk amount but was less than 50 times, the offense is punishable as a second-degree felony. If the offense took place near a school or involved minors, the offense is then punishable as a first-degree felony, mandatory prison sentence for at least three years and up to 10 and up to $20,000 in fines.
  • If the controlled substance equaled to or exceeded 50 times the bulk amount but was less than 100, the offense is punishable as a first-degree felony and a mandatory prison sentence.
  • If the controlled substance equals or exceeds 100 times the bulk amount, the offense is punishable as a first-degree felony. The offender is sentenced with a mandatory prison sentence and classified as a drug offender.

If you are charged with aggravated drug trafficking, you could have your driver’s license suspended, suspension or revocation of a professional license and face mandatory fines. Also, a conviction for trafficking substances such as marijuana, LSD, cocaine, heroin, and hashish come with different penalties than those listed above.


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Ohio Drug Trafficking Resources

Drug Trafficking Q&A- The Ohio State Bar Association features a column over some of the frequently asked questions regarding drug trafficking in Ohio. The column answers questions such as what if the seller did not receive money for the drugs, potential prison sentence, and possible financial sanctions. The Ohio State Bar Association is a professional association that promotes legal education and provides legal resources to both legal professionals and the public.

Ohio Revised Code 2925.03 | Trafficking, aggravated trafficking in drugs- Full text of the statute that governs drug trafficking laws in the state of Ohio can be read on code.ohio.gov. The statute covers issues such as penalties and the difference between aggravated and drug trafficking. Codes.ohio.gov features full text of the Ohio Revised Code and the Administrative Code.

Find a Drug Trafficking Attorney in Dayton, OH

If you have recently been charged with, or think you have been wrongly accused of drug trafficking in the Dayton, Ohio area, you should contact Joslyn Law Firm as soon as possible. Our attorneys are knowledgeable and experienced with drug trafficking cases and will be able to help you avoid the harshest punishments.

Joslyn Law Firm will strive to protect your rights and achieve the best possible outcome for your situation. Call us today at (937) 356-3969 or fill out our online form and one of our attorneys will review your case for free. 

Joslyn Law Firm proudly serves clients in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield Beavercreek and other surrounding communities.


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