Arrested or Charged with Drug Possession (ORC § 2925.11) in Ohio?

If you’ve been arrested or charged with drug possession in Ohio under ORC § 2925.11, you’re facing a serious legal situation that could have long-lasting consequences on your life. Drug possession charges in Ohio can range from minor misdemeanors to severe felonies, depending on factors like the type and amount of drug involved.

At The Botnick Law Firm, LLC, we understand the stress you’re under. Whether you’re dealing with marijuana, cocaine, heroin, or prescription drugs, you need to know what you’re up against and the steps you can take to defend yourself.

Ohio’s Drug Possession Laws

In Ohio, drug possession is governed by Ohio Revised Code (ORC) § 2925.11. This statute makes it illegal to knowingly obtain, possess, or use a controlled substance or a controlled substance analog. Let’s break down what this means and what you need to know if you’re facing charges.

What Constitutes Drug Possession in Ohio?

Under ORC § 2925.11, you can be charged with drug possession if you knowingly:

1. Obtain a controlled substance
2. Possess a controlled substance
3. Use a controlled substance

It’s important to note that “possession” doesn’t necessarily mean the drugs were found on your person. You can be charged with possession if drugs are found in your car, home, or any other place over which you have control.

Types of Drugs Covered Under ORC § 2925.11

The law covers a wide range of controlled substances, including but not limited to:

• Marijuana
• Cocaine
• Heroin
• LSD
• Methamphetamine
• Prescription drugs (when possessed without a valid prescription)
• Fentanyl and fentanyl-related compounds
• Controlled substance analogs (often referred to as “designer drugs”)

Penalties for Drug Possession in Ohio

The penalties for drug possession in Ohio can vary widely depending on several factors:

1. The type of drug involved
2. The amount of the drug in your possession
3. Your prior criminal record
4. Whether the offense occurred near a school or juvenile

Let’s look at some specific examples:

Marijuana Possession

• Less than 100 grams: Minor misdemeanor (no jail time, maximum $150 fine)
• 100-200 grams: 4th degree misdemeanor (up to 30 days in jail, maximum $250 fine)
• 200-1000 grams: 5th degree felony (6-12 months in prison, maximum $2,500 fine)

Cocaine Possession

• Less than 5 grams: 5th degree felony (6-12 months in prison, maximum $2,500 fine)
• 5-10 grams: 4th degree felony (6-18 months in prison, maximum $5,000 fine)
• 10-20 grams: 3rd degree felony (1-5 years in prison, maximum $10,000 fine)

Heroin Possession

• Less than 1 gram or 10 unit doses: 5th degree felony (6-12 months in prison, maximum $2,500 fine)
• 1-5 grams or 10-50 unit doses: 4th degree felony (6-18 months in prison, maximum $5,000 fine)
• 5-10 grams or 50-100 unit doses: 3rd degree felony (1-5 years in prison, maximum $10,000 fine)

It’s crucial to understand that these are just general guidelines. The specific circumstances of your case can significantly impact the potential penalties you face.

What Happens After a Drug Possession Arrest in Ohio?

If you’re arrested for drug possession in Ohio, here’s a general outline of what you can expect:

1. Arrest and Booking: You’ll be taken to the police station for processing, which includes fingerprinting and photographing.
2. Initial Court Appearance: Within a few days of your arrest, you’ll have your first court appearance, typically an arraignment where you’ll be informed of the charges against you and enter a plea.
3. Pretrial Proceedings: This may include pretrial conferences, motion hearings, and plea negotiations.
4. Trial: If your case goes to trial, it will either be a bench trial (decided by a judge) or a jury trial.
5. Sentencing: If you’re found guilty or plead guilty, the judge will determine your sentence based on Ohio law and the specific circumstances of your case.

Your Rights and Defense Strategies

Remember, an arrest is not a conviction. You have rights, and there are often effective defense strategies available. Some common defenses in drug possession cases include:

1. Unlawful Search and Seizure: If the police obtained evidence through an illegal search, it may be possible to have that evidence suppressed.
2. Lack of Knowledge: The prosecution must prove that you knowingly possessed the drugs. If you were unaware of the drugs’ presence, this could be a valid defense.
3. Lack of Possession: If the drugs weren’t actually in your possession or under your control, this could be a strong defense.
4. Chain of Custody Issues: If there are problems with how the evidence was handled or stored, it might be possible to challenge its admissibility.
5. Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, this could be a defense.
6. Medical Use: In some cases, possession of certain drugs for legitimate medical purposes can be a defense.

Why You Need an Experienced Drug Possession Attorney

Facing drug possession charges alone can be daunting and risky. An experienced drug possession attorney can:

• Analyze your case for potential defenses
• Negotiate with prosecutors for reduced charges or penalties
• Represent you in administrative hearings to protect your driving privileges
• Guide you through the court process and protect your rights
• Help minimize the long-term consequences of a drug charge

The Collateral Consequences of a Drug Possession Conviction

Beyond the immediate legal penalties, a drug possession conviction can have far-reaching effects on your life:

• Employment: Many employers conduct background checks, and a drug conviction could cost you job opportunities.
• Housing: Landlords may be hesitant to rent to individuals with drug convictions.
• Education: A drug conviction can affect your eligibility for federal student aid.
• Professional Licenses: Certain professions may suspend or revoke your license after a drug conviction.
• Immigration Status: For non-citizens, a drug conviction could affect your immigration status or ability to become a citizen.
• Child Custody: A drug conviction could impact child custody arrangements.

How The Botnick Law Firm, LLC Can Help

At The Botnick Law Firm, LLC, we understand what’s at stake when you’re facing drug possession charges in Ohio. Our experienced team, led by Attorney Robert Botnick, a former prosecutor, has a deep understanding of Ohio’s drug laws and how to navigate the legal system effectively.

We’re committed to providing aggressive, strategic defense to protect your rights and your future. From challenging evidence to negotiating with prosecutors, we’ll work tirelessly to achieve the best possible outcome for your case.

Take Action Now

If you’re being investigated or have been arrested or charged with drug possession in Ohio, time is of the essence. The sooner you have experienced legal representation on your side, the better your chances of a favorable outcome.

Don’t let a drug possession charge derail your life. Contact The Botnick Law Firm, LLC today for a confidential consultation. We’re here to fight for your rights and your future.

Remember, you’re not alone in this. With the right legal team on your side, you can face your drug possession charge with confidence and hope for a brighter future.