Ohio Drug Charges

Defending Against Ohio Drug Charges in Ohio | Boerst Law is your Toledo Drug Lawyer

If you’re facing drug-related charges in Ohio, it’s crucial to understand the complexities of the legal landscape surrounding drug offenses. The Boerst Law Office, Inc. is your trusted partner in navigating these challenges. Our experienced attorneys are dedicated to providing strategic defense against a range of drug offenses outlined in Ohio statutes.

Understanding Ohio Drug Offenses

A List of Ohio Drug Charges

Possession of Controlled Substances

Possessing illegal drugs is a serious offense in Ohio. The severity of penalties depends on the type and amount of the controlled substance involved. (Ohio Revised Code § 2925.11)

Definition of Offense: Possession of Controlled Substances, as per ORC 2925.11, occurs when an individual knowingly obtains, possesses, or uses a controlled substance. The statute covers a wide range of activities related to the illegal possession of drugs, including both actual possession (having physical control) and constructive possession (having the ability to control).

Elements of the Offense: To establish a charge of Possession of Controlled Substances under ORC 2925.11, prosecutors must prove the following elements beyond a reasonable doubt:

  1. The accused knowingly obtained, possessed, or used a controlled substance.
  2. The substance in question is classified as a controlled substance under state and federal law.

Controlled Substances: The term “controlled substances” in this context refers to drugs and substances regulated by state and federal law. These substances are categorized into schedules based on their potential for abuse and accepted medical use.

Penalties: The penalties for Possession of Controlled Substances vary based on the type and quantity of the controlled substance involved. Convictions can result in consequences such as imprisonment, fines, probation, and mandatory drug treatment programs. The severity of penalties may increase for repeat offenses and certain types of drugs.

Defenses: Defendants charged with Possession of Controlled Substances may employ various legal defenses, such as challenging the legality of the search and seizure, questioning the accuracy of lab results, or disputing the knowledge element required for the offense. Experienced legal representation is essential in building a robust defense tailored to the specific circumstances of the case.

Conclusion: ORC 2925.11 addresses the serious offense of Possession of Controlled Substances in Ohio. Individuals facing charges under this statute should seek the guidance of knowledgeable legal professionals to understand their rights, explore potential defenses, and navigate the legal process effectively.

Drug Trafficking

Engaging in the sale, distribution, or transportation of illegal drugs constitutes drug trafficking. Penalties are severe and vary based on the type and quantity of substances involved. (Ohio Revised Code § 2925.03)

Definition of Offense: Drug Trafficking, as per ORC 2925.03, occurs when an individual knowingly sells or offers to sell a controlled substance or prepares, ships, transports, or delivers a controlled substance, intending for it to be sold. The statute covers various activities related to the illegal distribution of drugs.

Elements of the Offense: To establish a charge of Drug Trafficking under ORC 2925.03, prosecutors must prove the following elements beyond a reasonable doubt:

  1. The accused knowingly engaged in selling, offering to sell, preparing, shipping, transporting, or delivering a controlled substance.
  2. There was intent for the controlled substance to be sold.

Controlled Substances: The term “controlled substances” in this context refers to drugs and substances regulated by state and federal law. These substances are categorized into schedules based on their potential for abuse and accepted medical use.

The state of Ohio, like the federal government, defines drugs according to a “schedule,” where Schedule I and II drugs have a high probability of abuse and little or no medical use.

Schedule I and II drugs include:

  • Cocaine
  • Marijuana
  • Heroin
  • Opium
  • Methamphetamine (crystal meth)
  • Some painkillers

Penalties: The penalties for Drug Trafficking under ORC 2925.03 vary depending on factors such as the type and quantity of the controlled substance involved. Convictions can result in severe consequences, including imprisonment and substantial fines. The severity of penalties increases for offenses involving larger quantities or certain types of drugs.

Defenses: Defendants charged with Drug Trafficking may employ various legal defenses, such as challenging the evidence presented, questioning the legality of the search and seizure, or arguing lack of intent. Experienced legal representation is crucial in building a robust defense tailored to the specific circumstances of the case.

ORC 2925.03 is the critical statute in Ohio’s legal framework, addressing the serious offense of Drug Trafficking. Individuals facing charges under this statute should seek the guidance of our skilled attorneys to navigate the complexities of the law and mount an effective defense against the allegations. Penalties vary, but you’re facing a felony charge and all the problems that go with it, including jail time and a felony record. Let us fight for you!

Drug Manufacturing – Illegal Manufacturing of Drugs

The production or cultivation of controlled substances is treated as drug manufacturing. This offense carries significant penalties, including imprisonment and fines. (Ohio Revised Code § 2925.04)

Definition of Offense: Drug Manufacturing, as per ORC 2925.04, occurs when an individual knowingly engages in the production, preparation, cultivation, or processing of controlled substances. The statute covers various activities related to the illegal creation or cultivation of drugs.

Elements of the Offense: To establish a charge of Drug Manufacturing under ORC 2925.04, prosecutors must prove the following elements beyond a reasonable doubt:

  1. The accused knowingly engaged in the production, preparation, cultivation, or processing of a controlled substance.
  2. The substance in question is classified as a controlled substance under state and federal law.

Controlled Substances: The term “controlled substances” in this context refers to drugs and substances regulated by state and federal law. These substances are categorized into schedules based on their potential for abuse and accepted medical use.

Penalties: The penalties for Drug Manufacturing under ORC 2925.04 are severe and vary based on factors such as the type and quantity of the controlled substance involved. Convictions can result in significant consequences, including imprisonment and substantial fines. The severity of penalties may increase for repeat offenses and certain types of drugs.

Defenses: Defendants charged with Drug Manufacturing may employ various legal defenses, such as challenging the legality of the search and seizure, disputing the knowledge element required for the offense, or questioning the nature of the substances involved. Experienced legal representation is crucial in building a robust defense tailored to the specific circumstances of the case.

Conclusion: ORC 2925.04 addresses the serious offense of Drug Manufacturing in Ohio, targeting those involved in the illegal production or cultivation of controlled substances. Individuals facing charges under this statute should seek the guidance of knowledgeable legal professionals to understand their rights, explore potential defenses, and navigate the legal process effectively.

Prescription Drug Fraud – Deception to Obtain a Dangerous Drug

Fraudulent activities related to prescription medications, such as forgery or obtaining prescriptions under false pretenses, are criminal offenses in Ohio. (Ohio Revised Code § 2925.22)

Definition of Offense: Deception to Obtain Dangerous Drugs, as per ORC 2925.22, involves knowingly using deception or fraud to obtain, possess, or attempt to obtain a dangerous drug. Dangerous drugs are substances that, when misused, can pose significant risks to health and safety.

Elements:

  1. Using deception,
  2. To get drugs, or
  3. Possessing an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug.

Potential Penalties: Deception to obtain a dangerous drug is a felony of either the fourth or fifth degree and can be penalized by 6 months to 18 months in prison and a fine of up to $5,000.

Defenses: Defendants facing charges under ORC 2925.22 may present various legal defenses, such as challenging the evidence of deception, questioning the legality of the search and seizure, or disputing the intent required for the offense. Legal representation is crucial in building a defense tailored to the specific circumstances of the case.

Drug Paraphernalia Possession

Possession of items used for drug-related activities, like pipes or syringes, can result in charges of drug paraphernalia possession. (Ohio Revised Code § 2925.14)

Definition of Offense: Possession of Drug Paraphernalia, as per ORC 2925.14, occurs when an individual knowingly uses, possesses, or controls any item with the intent to use it for planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

Elements of the Offense: To establish a charge under ORC 2925.14, prosecutors typically need to prove the following elements beyond a reasonable doubt:

  1. The accused knowingly used, possessed, or controlled an item.
  2. There was intent to use the item for the various activities related to controlled substances as listed in the statute.

Definition of “Drug Paraphernalia”: Drug paraphernalia, as defined in the statute, includes various items commonly associated with the use of controlled substances. This can encompass items used for manufacturing, consuming, or concealing drugs, such as pipes, bongs, syringes, scales, or other related items.

Penalties: Penalties for Possession of Drug Paraphernalia under ORC 2925.14 can include criminal charges, fines, and potential imprisonment. The severity of penalties may depend on factors such as the nature of the paraphernalia and the defendant’s criminal history.

Defenses: Defendants facing charges under ORC 2925.14 may present various legal defenses. These defenses could include challenging the legality of the search and seizure, disputing the intent required for the offense, or questioning the nature of the items involved.

Penalties For Ohio Drug Charges

The penalties for drug offenses in Ohio can range from fines to lengthy prison sentences. Factors such as criminal history, the type of drug involved, and the quantity can influence the severity of the punishment.

Ohio Drug Classifications or “Schedule”

Typically each state has its own drug schedule, Ohio has them divided into five categories of controlled substances. Controlled substances with high risk and no accepted medical use are Schedule I drugs, while Schedule V narcotics have the lowest potential for abuse.

Schedule I Controlled Substances

As we mentioned before, Schedule I drugs do not have any currently accepted medical use in the country and have a high risk of abuse and addiction.

Common examples of Schedule I narcotics include:

  1. Heroin
  2. Cannabis
  3. LSD
  4. Peyote
  5. Ecstasy

Schedule II Controlled Substances

While Schedule II drugs have a high potential for abuse, there are still some currently accepted medical uses.

Common examples of Schedule II narcotics include:

  1. Cocaine
  2. Oxycodone (e.g. OxyContin and Percocet)
  3. Codeine
  4. Fentanyl
  5. Methamphetamine
  6. Demerol
  7. Vicodin
  8. Ritalin
  9. Adderall
  10. Methadone
  11. Dilaudid
  12. Morphine
  13. Opium
  14. Medicinal cannabis

Schedule III Controlled Substances

Drugs in this schedule have a risk for abuse which is comparatively less than narcotics in Schedules I or II. Abuse may result in moderate to low physical dependence or high psychological dependence.

Common examples of Schedule III drugs include:

  1. Painkillers with low doses of narcotics (e.g., Tylenol with codeine, Suboxone, etc.)
  2. Ketamine
  3. Testosterone
  4. Anabolic steroids

Schedule IV Controlled Substances

Drugs in Schedule IV have a low risk of abuse in comparison to Schedule III narcotics. When used in the proper manner, they have accepted medical uses.

Common examples of Schedule IV drugs include:

  1. Xanax
  2. Valium
  3. Ambien
  4. Soma
  5. Klonopin
  6. Darvocet
  7. Darovan
  8. Tramadol
  9. Ativan

Schedule V Controlled Substances

Drugs in Schedule V have a lower potential for abuse compared to Schedule IV narcotics. For the most part, they consist of preparations that contain low doses of specific substances.

Common examples of Schedule V drugs include:

  1. Cough medicines contacting low doses of codeine (e.g. Robitussin AC, Phenergan with codeine, etc.)
  2. Lyrica
  3. Motofen
  4. Lomotil
  5. Parepectolin
Justice is a Journey - Toledo Drug Lawyer

Why Choose Boerst Law Office, Inc.?

Experienced Advocacy

Here, law is done differently. Our attorneys have a proven track record in defending clients against a spectrum of drug-related charges. We leverage our extensive knowledge of Ohio drug laws to build robust defense strategies.

We understand that every case is unique. Our legal team provides personalized attention to each client, tailoring defense strategies to address the specific circumstances of your case.

Strategic Approach

Boerst Law employs a strategic approach to challenge evidence, question police procedures, and explore legal avenues for case dismissal or reduction of charges.

Proven Results

Our firm takes pride in achieving favorable outcomes for our clients. From case dismissals to reduced charges, our results speak to our commitment to securing the best possible resolution.

Contact Us Today!

Facing drug-related charges in Ohio demands the expertise of seasoned legal professionals. Boerst Law is here to stand by you, offering unwavering advocacy and a commitment to securing your rights. Contact us today for a confidential consultation and let us navigate the legal complexities on your behalf.

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