Possession of a Controlled Substance
An individual who is charged with possession of a controlled substance in Dayton can face serious penalties and repercussions if they are convicted of the offense, including:
- Prison or jail sentences,
- Fines,
- A criminal record,
- An inability to pursue certain occupations or jobs, and/or
- An inability to pursue certain educational opportunities.
Often, Ohio law enforcement officer will attempt to find more evidence charge the alleged offender with a more serious drug offense, such as drug trafficking or possession with intent to sell, if they are caught with any controlled substance in their possession.
Criminal charges for drug possession do not have to result in a conviction. The prosecutor is required to prove you committed every element of the offense beyond a reasonable doubt, which can be a very difficult burden of proof to satisfy. Therefore, it is very important to contact a knowledgeable criminal defense lawyer in Dayton who can help you create the best legal defense for your particular situation.
Dayton Possession of a Controlled Substance Lawyer
Contact the Joslyn Law Firm for a consultation today about your possession of a controlled substance offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of Ohio’s drug laws and will make every effort to help you achieve the most desirable outcome for your particular situation. Contact the Joslyn Law Firm for a free consultation at (937) 356-3969 if you have been charged with possession of a controlled substance throughout Dayton, Ohio.
Dayton Possession of a Controlled Substance
An individual can be charged with possession of a controlled substance under section 2925.11 of the Ohio Revised Code if they knowingly possess, use or obtain a controlled substance.
In order to be charged with this offense, the alleged offender must have had actual or constructive possession of a controlled substance at the time of the offense. This is a required element of the offense, so if the prosecutor cannot prove actual or constructive possession beyond a reasonable doubt, the charges against you may be reduced or dismissed.
Actual Possession – An individual can have actual possession of a controlled substance if they have actual, physical control of the drug. This can include if the substance was in the alleged offender’s hand or in their pocket.
Constructive Possession – This is generally harder to prove than actual possession and generally involves the following three elements:
- Whether the alleged offender was aware the substance was in their presence and that it was illegal;
- Whether the alleged offender had the capability to take actual possession of the substance; and
- Whether the alleged offender had the intent to take actual possession of the substance.
Controlled Substance Schedules in Ohio
Controlled substances in Ohio can include any number of substances, including prescription pills, medications without prescriptions, chemical substances, natural substances, man-made substances, illegal drugs and street drugs.
According to the Ohio Revised Code § 3719.41, all controlled substances in Ohio are categorized into five different schedules, that range from substances with little or no known medical use and a high potential for abuse in Schedule I to substances with commonly used medical applications and little or no potential for abuse in Schedule V. Examples of substances in each schedule are as follows:
- Schedule I – Examples of substances in this schedule can include methamphetamine, ecstasy, marijuana, morphine, PCP and LSD.
- Schedule II – Examples of substances in this schedule can include codeine, hydrocodone, GHB and cocaine.
- Schedule III – Examples of substances in this schedule can include ketamine, anabolic steroids and barbituric acid.
- Schedule IV – Examples of substances in this schedule can include Valium and Xanax.
- Schedule V – Examples of substances in this schedule can include medications that have small amounts of narcotics that are not included in any other schedule.
Additionally, the penalties for drug offenses involving substances in Schedule I are generally the most serious and the penalties for drug offenses involving substances in Schedule V are generally less severe.
Dayton Drug Possession Penalties
According to sections 2929.13 and 2929.24 of the Ohio Revised Code, the suggested statutory penalties for drug possession offenses are as follows:
- An individual convicted of a misdemeanor of the first degree drug possession 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 possession offense can face a prison sentence ranging from six to 12 months and/or a fine up to $2,500.
- An individual convicted of a felony of the fourth degree drug possession 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 drug possession offense 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 drug possession offense 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 drug possession offense can face a prison sentence ranging from three to 10 years and/or a fine up to $20,000.
If the alleged offender was charged with possession of a Schedule I or II substance, except for cocaine, LSD, heroin, marijuana or hashish, they can be convicted of aggravated possession of drugs, which is at least a felony of the fifth degree offense. However, if the amount of the substance is equal to or in excess of the bulk amount, an offender can be charged with a felony of the third degree, felony of the second degree, or felony of the first degree, depending on the amount of the substance involved in the offense.
If the alleged offender was charged with possession of a Schedule III, IV or V drug, they can face a conviction for a misdemeanor of the first degree, felony of the fifth degree, felony of the fourth degree, felony of the second degree or felony of the first degree.
Additionally, an individual convicted of a drug possession offense can face increased penalties, depending on a variety of factors, such as the type of substance, whether the offense was aggravated, the amount of the substance, whether the alleged offender has a previous criminal history, and/or whether the offense occurred near a school or minor children.
Joslyn Law Firm | Dayton Drug Possession Attorney
If you have been accused of a drug possession offense 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 drug defense lawyer who will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Joslyn Law Firm at (937) 356-3969 today for a free consultation about your alleged possession of a controlled substance offense in Dayton.
