Criminal Possession of a Controlled Substance Ohio

On the topic of criminal possession of a controlled substance in Ohio, the state laws surrounding these kinds of charges are very strict. They can also be complex, which is where working with a Columbus criminal defense lawyer can be especially helpful.

According to Section 2925.11 of the Ohio Revised Code (ORC), it is a crime for anyone to “knowingly obtain, possess, or use a controlled substance or a controlled substance analog.” When it comes to possession charges, possession does need to be proven.

Types of Possession

In relation to possession charges, there are two types of possession that an individual may be charged with:

• Actual possession: where an individual has actual physical hold or control of a substance
• Constructive possession: where an individual has knowledge and access to a substance

Charges of criminal possession of a controlled substance often lead to jail time, fines, and have the potential for other consequences following a conviction. Depending on the quantity and type of drugs, the potential consequence will vary.

While we can’t list every potential consequence in a single post, we will go through the major penalties associated with each offense level.

Penalties for Various Criminal Possession Charges in Columbus Ohio

As laid out by ORC section 2925.01 (D), the penalties that an individual might face for different drug possession charges will depend on the kind and amount of drug involved. Ohio also maintains its own list of controlled substances that are broken down into five broad categories. One category is Schedule I, which includes drugs like marijuana, LSD, and heroin.

Drugs that are included in Schedules III-V include:

• Codeine
• Ketamine
• Tramadol
• Zolpidem
• Diazepam

Charges for criminal possession of a controlled substance start at the misdemeanor level before moving to felony charges. Whether a criminal possession of a controlled substance charge is a misdemeanor or a felony is dependent on the above factors we mentioned (substance/drug and amount).

Criminal Possession of a Controlled Substance 1^st Degree Misdemeanor

A misdemeanor of the 1^st degree has a maximum fine of $1,000 and up to 180 days in jail.

Criminal Possession of a Controlled Substance 5^th Degree Felony

For a 5^th degree felony charge, there is a maximum fine of $1,000 and you may face 6-18 months in prison.

Read more about criminal possession of a controlled substance 5^th degree charge here.

Criminal Possession of a Controlled Substance 4^th Degree

A criminal possession of a controlled substance 4^th degree misdemeanor has a maximum fine of $250 and 30 days in jail.

A 4^th degree felony has a maximum fine of $5,000 and you could face 6-18 months in prison.

Criminal Possession of a Controlled Substance 3^rd Degree

A misdemeanor criminal possession of a controlled substance 3^rd degree has a maximum fine of $500 and 60 days in jail.

A felony of the 3^rd degree has a maximum fine of $10,000 and you can face 1-5 years in prison.

Criminal Possession of a Controlled Substance 2^nd Degree

A criminal possession of a controlled substance 2^nd degree misdemeanor holds a maximum fine of $750 and 90 days jails in jail.

A 2^nd degree felony has a maximum fine of $15,000 and possible prison time of 2-8 years.

Criminal Possession of a Controlled Substance 1^st Degree Felony

Criminal possession of a controlled substance 1^st degree felony has a maximum fine of $20,000 and possible prison time of 3-11 years.

Reach Out to a Columbus Ohio Criminal Defense Lawyer for Defense Against Criminal Charges

If you find yourself facing charges of criminal possession of a controlled substance in Columbus Ohio, getting in contact with a criminal defense lawyer should be a top priority. Colin Maher of the Maher Law Firm is an experienced criminal defense lawyer that has helped thousands of clients throughout Columbus and the surrounding areas. Contact Colin online or by phone at 614-205-2208 for a free phone consultation.