{"id":375647,"date":"2018-01-10T17:14:39","date_gmt":"2018-01-10T22:14:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-drug-possession-laws.html"},"modified":"2018-01-18T00:00:00","modified_gmt":"2018-01-18T05:00:00","slug":"ohio-drug-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-drug-possession-laws.html","title":{"rendered":"Ohio Drug Possession Laws"},"content":{"rendered":"\n
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Ohio Drug Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The state of Ohio continually ranks near the top of the list when it comes to drug overdose deaths<\/a> in the nation. Given this grim reality, it’s not surprising that the state has very strict drug laws as lawmakers attempt to combat this issue. Ohio law prohibits individuals from knowingly obtaining, possessing, or using a controlled substance. If you’re charged with violating Ohio’s drug possession<\/a> laws, then you may be facing incarceration and\/or hefty fines.<\/p>\r\n

Not only are the laws strict, but they’re also very complex. The Ohio statute categorizes drugs into "schedules, ranging from Schedule I (the most dangerous drugs) to Schedule V, which are considered the least dangerous. Your criminal charge will be based on the type of drug that you possess in Ohio, just like in many other states. However, instead of basing the penalties on the substance or the amount, Ohio law uses a "bulk amounts " formula for all controlled substances to determine what type of charge and penalty you will face.<\/p>\r\n

Ohio Drug Possession Laws at a Glance<\/h2>\r\n

The chart below provides a summary of laws related to Ohio’s drug possession laws, including links to important code sections.<\/p>\r\n\r\n

Statutes and Definitions<\/b><\/p>\r\n<\/td>\r\n

Penalties and Sentencing<\/b><\/p>\r\n<\/td>\r\n

The penalties will vary based on the type of drug involved and the bulk amount. The following is a general example of penalties for drug possession:<\/p>\r\n

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  • Less than bulk amount: misdemeanor in the first degree; up to 180 days in jail<\/b>, a fine of up to $1000<\/b>, or both; For second and subsequent offenders: felony in the fifth degree; a 6 month (minimum), 12 month (maximum) jail term<\/b>, up to $2,500 in fines<\/b>, or both<\/li>\r\n
  • Bulk amount or more, but less than five times the bulk amount: felony in the fourth degree; at least 9 months in jail<\/b>, fines up to $5000<\/b>, or both.<\/li>\r\n<\/ul>\r\n

    Other penalties may include:<\/p>\r\n

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    • Driver’s license suspension<\/b><\/li>\r\n
    • Probation<\/b><\/li>\r\n
    • Diversion<\/b>: a program that can result in the dismissal of the charges against you when you meet certain conditions.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Possible Defenses<\/b><\/p>\r\n<\/td>\r\n

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  • The substance is not a controlled substance or drug<\/li>\r\n
  • No knowledge of the drugs<\/li>\r\n
  • Entrapment<\/li>\r\n
  • Fourth Amendment violations<\/li>\r\n
  • Medical marijuana exception<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Related Offenses<\/b><\/p>\r\n<\/td>\r\n