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What is Felony Drug Possession in Ohio?

Posted On: July 30th, 2020   |   Posted by: Luftman, Heck & Associates LLP
different types of drugs on a table

The law takes a firm stance on drug possession in Ohio, and if you are facing felony charges you may be subjected to severe penalties. At Luftman, Heck & Associates, our experienced Ohio drug lawyers are here to help improve your situation, so one charge doesn’t define the rest of your life.

Learn more about what to expect after an arrest for felony drug charges and what you can do to minimize the damage. Call LHA at (614) 500-3836 or contact us online 24/7 for a free consultation.

What is Considered an Ohio Drug Felony?

In Ohio, having any Schedule I or II drug in your possession is automatically a felony. In addition, having more than 199 grams of marijuana is a felony. This is considerably more serious than a misdemeanor drug arrest, both in terms of financial consequences and potential prison time.

There are five degrees of felonies in Ohio, with F1 being the most serious and F5 being the least.

Amounts Leading to Felony Drug Arrests

The type and amount of drug you have determines the level of your felony. These drugs include:

Cocaine

  • F5: Less than 5 grams
  • F4: 5 to 9 grams
  • F3: 10 to 19 grams
  • F2: 20 to 26 grams
  • F1: More than 27 grams

Heroin

  • F5: Less than 1 gram
  • F4: 1 to 4 grams
  • F3: 5 to 9 grams
  • F2: 10 to 49 grams
  • F1: 50 or more

Marijuana

  • F5: 200-999 grams
  • F3: 1000-19,999 grams
  • F2: 20,000 or more grams

LSD

  • F5: Fewer than 10 doses
  • F4: 10 to 49 doses
  • F3: 50 to 249 doses
  • F2: 250 to 999 doses
  • F1: 1000 to 4999 doses

Crystal Meth

  • F5: Less than three grams
  • F3: Three to 14 grams
  • F2: 15 to 149 grams
  • F1:150 or more grams

Felony Drug Penalties in Ohio

Felony drug penalties vary at each level. Also, the circumstances of your arrest, criminal history, and other factors may determine how harsh or lenient your penalties are.

If convicted of a fifth degree felony, you may be sentenced to a prison term of six months to one year. However, you may also meet this requirement through probation, depending on the judge’s decision. Additionally, you will have a fine of up to $2,500.

A fourth degree felony involves a prison sentence of six to 18 months and a fine as high as $5,000. You could also lose your driver’s license or have your professional license suspended or revoked.

If you are convicted of a third degree felony, you will have to serve a prison sentence of nine months to three years. Fines range from $5,000 to $10,000. You may lose your driver’s license and professional license.

If you have enough of an illegal substance on you to warrant a second degree felony conviction, prison sentence terms range from two to eight years. Fines increase to no less than $7,500 and no more than $15,000. Again, you face having your driver’s license and professional license suspended.

A first degree felony requires a prison sentence of three to 11 years. Additionally, you’ll pay a fine of $10,000 to $20,000. You could lose your professional license and driver’s license.

Certain levels of drug possession also label you as a “major drug offender.” If you have more than 100 grams of cocaine or 250 grams of heroin you will be considered a major drug offender.

Why You Need an Attorney

Drug offenders are often sentenced harshly. A felony at any level can limit your job options, involve the loss of your professional license, impact your voting rights, or even affect family legal matters. That’s in addition to the thousands you’ll pay in fines and the years you could lose in prison.

This is not the time to handle things alone. You should work with a criminal defense attorney as soon as possible with substantial experience in Ohio drug offenses. Your attorney can explore your options, try to get your charges dropped or decreased, and protect your future.

Call Luftman, Heck & Associates LLP for Help

Are you facing serious drug charges? The sooner you reach out to the team at Luftman, Heck & Associates, the sooner we can begin helping you. To schedule your free consultation, call LHA at (614) 500-3836 or reach out to us online.



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