Is Possession of Controlled Substance a Felony in Ohio?

If you’ve been charged with drug possession in Ohio, you’re probably worried about what’s going to happen next. Will you go to prison? Will you have a felony record? These are serious concerns.

The truth is, yes, drug possession can be a felony in Ohio, depending on the type and amount of substance involved. But that doesn’t mean you don’t have options.

At Botnick Law Firm, our Ohio drug crime lawyers have helped many people facing charges just like yours. The most important thing to remember is that an arrest is not a conviction. With the right defense strategy, you may be able to get the charges reduced or dropped entirely.

Ohio’s Drug Possession Laws

Ohio categorizes controlled substances into five “Schedules” based on their potential for abuse and accepted medical use.

Schedule I drugs, which include substances like heroin and LSD, have the highest potential for abuse and no recognized medical benefits. Schedules II-V are considered to have legitimate medical uses, with decreasing levels of abuse potential.

Ohio Revised Code Section 2925.11 explains that possession of any controlled substance is illegal unless it was obtained pursuant to a valid prescription. The level of the offense depends on the type and amount of the drug involved:

• Possession of any amount of a Schedule I or II substance (besides marijuana) is a felony.
• Possession of bulk amounts of Schedule III, IV, or V substances is a felony.
• Possession of less than bulk amounts of Schedule III, IV, or V substances is a misdemeanor unless there is evidence the drugs were intended for sale or distribution.

The specific felony level and penalties are then determined by the amount of the drug in question. For example:

• Possession of less than 5 grams of cocaine (Schedule II) is a fifth-degree felony, punishable by 6-12 months in prison and up to a $2500 fine.
• Possession of 10-20 grams of cocaine is a third-degree felony, punishable by 9 months – 3 years in prison and up to a $10,000 fine.
• Possession of 20-27 grams of cocaine is a second-degree felony, punishable by 2-8 years in prison and up to a $15,000 fine.

As you can see, the stakes get higher quickly as the drug quantities increase. It’s important to note that the weight of the entire “mixture” is considered, even if it contains substances other than the actual drug.

Marijuana Possession

Ohio treats marijuana possession somewhat differently than other controlled substances. Possession of less than 100 grams of marijuana is a minor misdemeanor, punishable by a fine of up to $150.

However, possession of 100-200 grams is a fourth-degree misdemeanor, possession of 200-1000 grams is a fifth-degree felony, and so on as the quantities increase.

Recent legislation has also expanded access to medical marijuana in Ohio. If you are a registered patient or caregiver, you may possess up to a 90-day supply of medical marijuana obtained from a licensed dispensary. However, it remains illegal to drive under the influence of marijuana, even with a valid recommendation.

Collateral Consequences

Beyond the criminal penalties, a felony drug possession conviction can have serious collateral consequences. You may lose your ability to own firearms, obtain student loans, live in subsidized housing, or hold certain professional licenses. The conviction will also show up on most background checks, limiting your employment and housing prospects for years to come.

This is why it’s so important to mount a strong defense if you’ve been charged with felony possession of controlled substances in Ohio.

An experienced Cleveland criminal defense attorney can help you explore all your options, which may include challenging the legality of the search, negotiating a plea to a lesser offense, or pursuing available diversion programs. In some cases, it may even be possible to get the evidence suppressed or the case dismissed entirely.

Don’t Let a Drug Charge Define You—Take Control with a Skilled Attorney

If you’re facing drug possession charges in Ohio, the most important thing you can do is act quickly to protect your rights and start building your defense. Look for a drug crimes attorney who has specific experience handling cases like yours and a track record of success in your local court system.

At Botnick Law Firm, we have been representing individuals charged with drug crimes in Cleveland for 20+ years. We understand what you’re going through, and we’re here to help you get your life back on track.

Contact us today to schedule a consultation and case review. Together, we’ll work to ensure that a drug possession charge doesn’t define the rest of your life.