National Academy of Criminal Defense Attorneys
RUE Ratings - Best Attorneys of America
"Brian Joslyn is an Award-Winning Criminal and DUI Defense attorney who, along with his team at The Joslyn Law Firm, have handled hundreds of criminal cases and helping their clients obtain the best results possible."

Possession with Intent to Distribute

Possession of controlled substance offenses involving alleged intent to sell or distribute constitute trafficking in drugs or aggravated trafficking drugs in Ohio. When an alleged offender is accused of having intent to distribute or sell an illegal drug her or she possessed, that person faces felony charges that carry steep penalties.

Many people are charged with this crime based purely on the amounts that they allegedly possessed, but police officers frequently rely on other types of circumstantial evidence such as the way a controlled substance is packaged or an alleged offender possessing certain types of paraphernalia such as baggies or scales. It is important to remember that proving a person’s criminal intent beyond a reasonable doubt is one of the most difficult requirements for a prosecutor to satisfy, as nobody can really know what was in the mind of an alleged offender except for that person unless he or she specifically said what he or she was thinking.

Attorney for Possession with Intent to Distribute Arrests in Dayton, OH

If you were arrested for possessing a controlled substance with alleged intent to sell or distribute in the Miami Valley area, it is in your best interest to retain legal counsel as soon as possible. Joslyn Law Firm defends clients accused of drug offenses in communities throughout Montgomery County, Greene County, Clark County, and Miami County.

Dayton criminal defense lawyer Brian Joslyn can fight to possibly get your criminal charges reduced or dismissed. Call (937) 356-3969 right now to have our attorney provide an honest and thorough evaluation of your case during a free initial consultation.


Ohio Possession with Intent to Distribute Information Center


Back to top

Montgomery County Possession with Intent to Distribute Charges

Ohio Revised Code § 2925.03 makes it illegal for a person to sell or offer to sell a controlled substance or a controlled substance analog, or prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the alleged offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the alleged offender or another person. The criminal charges for violations of this statute depend on the amount and type of controlled substance involved as well as the alleged offender’s prior criminal record and the location of the alleged offense.

In many cases, criminal charges are based on “bulk amounts” of controlled substances. Under Ohio Revised Code § 2925.01, a bulk amount of a controlled substance means any of the following for any compound, mixture, preparation, or substance included in schedule I, schedule II, or schedule III, with the exception of controlled substance analogs, marijuana, cocaine, lysergic acid diethylamide (LSD), heroin, and hashish and except as provided in Ohio Revised Code § 2925.01(D)(2) or (5), whichever of the following is applicable:

  • An amount equal to or exceeding 10 grams or 25 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium derivative;
  • An amount equal to or exceeding 10 grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium;
  • An amount equal to or exceeding 30 grams or 10 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol (THC) or lysergic acid amide, or a schedule I stimulant or depressant;
  • An amount equal to or exceeding 20 grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium derivative;
  • An amount equal to or exceeding 5 grams or 10 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine;
  • An amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant that is in a final dosage form manufactured by a person authorized by the "Federal Food, Drug, and Cosmetic Act" and the federal drug abuse control laws that is or contains any amount of a schedule II depressant substance or a schedule II hallucinogenic substance;
  • An amount equal to or exceeding 3 grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws.

A bulk amount also means an amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III or IV substance other than an anabolic steroid or a schedule III opiate or opium derivative; an amount equal to or exceeding 20 grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III opiate or opium derivative; an amount equal to or exceeding 250 milliliters or 250 grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule V substance; or an amount equal to or exceeding 200 solid dosage units, 16 grams, or 16 milliliters of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III anabolic steroid.

Possession with intent to distribute or sell offenses are classified as follows:

Drug

Amount

Offense Level

Guidance

Schedule I or Schedule II Controlled Substance

Less than bulk amount

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C)

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term, but mandatory if alleged offender has two or more prior felony drug abuse convictions

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

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

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

First-degree felony

Mandatory prison term

Equals or exceeds 100 times the bulk amount

First-degree felony

Mandatory maximum prison term

Schedule III, Schedule IV, or Schedule V Controlled Substance

Less than bulk amount

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

Equals or exceeds 50 times the bulk amount

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

Marijuana (marihuana)

Less than 200 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B)

200 grams or more but less than 1,000 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

1,000 grams or more but less than 5,000 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

5,000 grams or more but less than 20,000 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

20,000 grams or more but less than 40,000 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term of five, six, seven, or eight years, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

40,000 grams or more

Second-degree felony

Mandatory maximum prison term

Cocaine

Less than 5 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

5 grams or more but less than 10 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

10 grams or more but less than 20 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term, but mandatory prison term if alleged offender has two or more prior felony drug abuse convictions or alleged offense was committed in the vicinity of a school or in the vicinity of a juvenile

20 grams or more but less than 27 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

27 grams or more but less than 100 grams

First-degree felony

Mandatory prison term

100 grams or more

First-degree felony

Mandatory maximum prison term

LSD

Less than 10 unit doses in solid form or less than 1 gram in liquid form

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term, but mandatory prison term if alleged offender has two or more prior felony drug abuse convictions or alleged offense was committed in the vicinity of a school or in the vicinity of a juvenile

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

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

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

First-degree felony

Mandatory prison term

5,000 unit doses or more in solid form, or 500 grams or more in liquid form

First-degree felony

Mandatory maximum prison term

Heroin

Less than 10 unit doses or less than 1 gram

Fifth-degree felony

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

10 unit doses or more but less than 50 unit doses, or 1 gram or more but less than 5 grams

Fourth-degree felony

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

50 unit doses or more but less than 100 unit doses, or 5 grams or more but less than 10 grams

Third-degree felony

Presumption for a prison term

100 unit doses or more but less than 500 unit doses, or 10 grams or more but less than 50 grams

Second-degree felony

Mandatory prison term

500 unit doses or more but less than 1,000 unit doses, or 50 grams or more but less than 100 grams

First-degree felony

Mandatory prison term

1,000 unit doses or more, or 100 grams or more

First-degree felony

Mandatory maximum prison term

Hashish

Less than 10 grams in solid form or less than 2 grams in liquid form

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B)

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

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but Ohio Revised Code § 2929.13(C) if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

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, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term of five, six, seven, or eight years, but mandatory maximum prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

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

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory maximum prison term

Controlled substance analog (synthetic drugs)

Less than 10 grams

Fifth-degree felony, but fourth-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(C)

10 grams or more but less than 20 grams

Fourth-degree felony, but third-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Ohio Revised Code § 2929.13(B), but presumption for a prison term if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

20 grams or more but less than 30 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Presumption for a prison term

30 grams or more but less than 40 grams

Third-degree felony, but second-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

40 grams or more but less than 50 grams

Second-degree felony, but first-degree felony if offense allegedly committed in the vicinity of a school or in the vicinity of a juvenile

Mandatory prison term

50 grams or more

First-degree felony

Mandatory maximum prison term


Back to top

Possession with Intent to Distribute Penalties in Dayton

The guidance column above indicates whether a prison sentence is a required or presumed element of a sentence if an alleged offender is convicted of a trafficking of drugs or aggravated trafficking of drugs offense in Ohio. The maximum allowable sentences for each degree of felony are as follows:

  • Fifth-Degree Felony — Up to 12 months in prison and/or fine of up to $2,500;
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000;
  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or
  • First-Degree Felony — Up to 11 years in prison and/or fine of up to $20,000.

In addition to possible imprisonment and fines, alleged offenders can also have their driver’s licenses suspended for up to six months.


Back to top

Ohio Possession with Intent to Distribute Resources

Montgomery County Alcohol, Drug & Mental Health Services (ADAMHS) — The ADAMHS of Montgomery County is responsible for the planning, funding and monitoring of public mental health and alcohol and other drug addiction services. You can use this website to find information about finding help for drug addiction and locating treatment providers. The website also features recent news, online screening tools, and other types of addiction and mental health information.

Montgomery County ADAMHS
409 E Monument Ave.
Dayton, OH 45402
(937) 443-0416

Drug Abuse Trends in the Dayton Region — View this report compiled by the Ohio Substance Abuse Monitoring (OSAM) Network based upon qualitative data collected via focus group interviews. Participants were active and recovering drug users recruited from alcohol and other drug treatment programs in Allen County, Hardin County, Miami County, and Montgomery County. The report details trends for specific controlled substances, most of which are described as remaining moderately to highly available in the Dayton area.


Back to top

Joslyn Law Firm | Dayton Possession with Intent to Distribute Defense Lawyer

Were you arrested anywhere in Montgomery County for allegedly possessing a controlled substance with intent to sell or distribute? Do not make any kind of statement to authorities until you have contacted Joslyn Law Firm.

Brian Joslyn is an award-winning criminal defense attorney in Dayton who represents individuals in Troy, Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, Piqua, Springfield, and many surrounding areas of the Miami Valley area. You can have him review you case and answer all of your legal questions when you call (937) 356-3969 or complete an online contact form to take advantage of a free initial consultation.


Back to top

Click Here to Request Your Free Consultation

Free Consultation

All fields are required.

In The News

Check Out Our Latest Video

Fox 28, NBC 4, ABC 6, WBNS 10 - CBS, The Columbus Dispatch, the Plain Dealer