Possessions of Drugs

Jeremiah Denslow is a top Ohio criminal defense and DUI/OVI attorney.  While his practice is centered on DUI defense, many times the police stop Ohio DUI/OVI drivers with drugs in their possession including cocaine, heroin, prescription pills and marihuana.  Jeremiah is an Ohio defense attorney who has successfully defended hundreds of men and women facing serious felony and misdemeanor drug charges. If you have an Ohio DUI case along with drug charges, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI and a related Ohio drug charge. An experienced Ohio DUI lawyer may be able to prevent that from happening.

Different Types of Ohio Drug Charges

The state of Ohio has enacted strict drug laws opposing drug use of virtually any kind. If an Ohio DUI/OVI defendant is caught with drugs in his car when drinking and driving, the drug charge will be prosecuted under a separate case number than the companion DUI/OVI charge. Fortunately, for misdemeanor level controlled substances like marihuana and some low level prescription drugs, both cases will be handled in the same municipal court, typically at the same time.  However, when the drugs are considered more serious, like cocaine, heroin, and most prescription pills, the Ohio DUI/OVI defendant will face the misdemeanor DUI/OVI charge in municipal court and the felony drug charge in a completely separate proceeding in an Ohio Common Pleas Court.

In Ohio, DUI/OVI drivers are often charged with possession of drug paraphernalia or drug abuse instruments. This is common when Ohio police find items such as pipes, bowls, grinders, bongs, hookahs, needles, straws, and credit cards that appear to be related in some way to the drugs. Some Ohio prosecuting attorneys even charge defendants with possession of criminal tools when the drugs are found in a baggie, the criminal tool being the baggie.

Penalties for Possession of Drugs in Ohio

The penalties associated with drug charges can be minimal for a drug like possession of marihuana, so long as it is a relatively low quantity, but most are much more extreme. In most Ohio cases, possession of marihuana carries no jail time and a maximum fine of $150. Probably the most significant penalty that marihuana carries is a mandatory Ohio drivers license suspension that can last up to three years, even if the defendant wasn’t driving a car at the time of the drug offense. For cocaine, heroin, and prescription drugs, even the smallest quantity is classified as a felony offense in Ohio. For the lowest level felony, the potential punishment is up to a year in prison, five years of probation, $2500 in fines and a three year Ohio drivers license suspension. For large quantities of those drugs, defendants face more than a decade in prison, fines in the neighborhood of $20,000, forfeiture of cash, bank accounts, real estate, motor vehicles and more.

Is it a Controlled Substance or is it a Drug?

In the state of Ohio, a drug is synonymous with a controlled substance. A controlled substance, by definition given in the law, can be a drug, mixture, compound or a similar substance that is harmful to the human body. The United States Federal Government and the State of Ohio classify drugs into five different categories or schedules. Schedule I drugs are said to be the most harmful, while schedule II drugs are slightly less harmful. Schedule III, schedule IV and schedule V drugs are typically the least harmful. Drugs are difficult to regulate because most of them have certain medicinal properties and are often prescribed by doctors and others in the medical field. However, virtually all drugs can be harmless when ingested in large quantities, not taken according to a prescription, or abused in other ways.

Possession of Drug Paraphernalia in Ohio

An Ohio DUI/OVI driver doesn’t have to be caught with drugs to face drug-related charges. It is enough to be caught in possession of drug paraphernalia, drug abuse instruments, chemicals or substances used to make drugs, or any other drug-related item. The Ohio drug paraphernalia statute is extremely broad and includes virtually anything related to drugs in any way. Ohio Revised Code section 2925.14 defines drug paraphernalia as any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in 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.

That Ohio statute goes on to further state that drug paraphernalia includes, but is not limited to, any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners: (1) A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived in Ohio; (2) A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance in Ohio; (3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine in Ohio; (4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance in Ohio; (5) Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance in Ohio; (6) A scale or balance for weighing or measuring a controlled substance in Ohio; (7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance in Ohio; (8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana in Ohio; (9) A blender, bowl, container, spoon, or mixing device for compounding a controlled substance in Ohio; (10) A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance; (11) A container or device for storing or concealing a controlled substance in Ohio; (12) A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body in Ohio; (13) An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller in the state of Ohio.

Illegal Manufacturing and Trafficking of Drugs in Ohio

In Ohio, the process of growing or making drugs is a major offense, and carries significant penalties and fines. According to law, if a defendant grows marijuana in Ohio, cooks methamphetamine, or makes crack cocaine in Ohio, the individual will face a charge called illegal manufacturing of drugs. In virtually all drug manufacturing cases, the defendant will face mandatory prison time in an Ohio institution if convicted.

Drug dealing or trafficking, like illegal manufacturing of drugs, is a major offense in the state of Ohio. Ohio Revised Code section 2925.03 defines trafficking as (1) selling or offering to sell a controlled substance or a controlled substance analog in Ohio; or  (2) Preparing for shipment, shipping, transporting, delivering, preparing for distribution, or distributing a controlled substance or a controlled substance analog, when the individual knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the offender or another person in Ohio. All Ohio drug trafficking offenses are felonies, but the level of felony depends on the quantity of drugs. Not surprisingly, a charge of drug trafficking will usually include prison time and significant financial penalties.

Drug Treatment in Ohio

Virtually all courts offer some form of substance abuse treatment for people charged with an Ohio drug offense. While a few courts in Ohio have in-house staff, most utilize outside services. In most cases, the Ohio court will refer a defendant for a substance abuse assessment and follow up treatment. Of course, treatment is for the people who are fortunate enough to get probation instead of a prison sentence. While prisons may offer some low-level form of substance abuse treatment, its no where near the level an addict can get at an Ohio therapeutic treatment center. There are hundreds of drug treatment centers in Ohio, ranging from in-patient, lock-down facilities that replicate the jail environment to a counselor offering once a month therapy sessions.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.