Criminal Defense: Felonies: Drug TraffickingAccording to the Ohio Rev. Code § 2925.03, trafficking in drugs is defined as the sale, offer to sell, shipment, transportation, distribution or delivery of any controlled substance or drug when the alleged offender knew or had reasonable cause to believe the substance was intended for sale or resale to another person. Drug trafficking can be charged as a federal offense, Ohio offense or both a state and federal offense. If you are charged with Trafficking in Drugs, Contact the office of Attorney Jeffrey G. Edleman in Amherst, Ohio. We represent clients in all types of drug trafficking cases in Lorain County Common Pleas Court and in Common Pleas courts in some adjoining counties. We also handle preliminary hearings related to such cases in all municipal courts within Lorain County (Lorain, Elyria, Vermilion, Oberlin, Avon Lake) and in some municipal courts outside of Lorain County. Commonly trafficked drugs can include illegal drugs, street drugs, medications, controlled substances, chemical and prescription pills, including, but not limited to: - Cannabis, or Marijuana, Weed, Pot, Chronic, Ganja or Bud - Cocaine - Codeine - Heroin - Hydrocdone - LSD - Magic Mushrooms - Morphine - Opium - OxyContin - Vicodin - Xanax Ohio’s Drug Trafficking Statutes Drug Trafficking - Under Ohio Rev. Code § 2925.03(C)(2) drug trafficking generally only applies to controlled substances listed in schedules III, IV or V of Ohio’s drug schedule. The penalties for drug trafficking charges vary depending on the amount of the substance, they type of drug and whether the offense occurred in the vicinity of school or juveniles. Aggravated Drug Trafficking – According to Ohio Rev. Code § 2925.03(C)(1), if the offense involves certain controlled substance in Schedule I or II, it is considered aggravated trafficking in drugs. The penalties for aggravated drug trafficking charges vary depending on the type of drug, the amount of the substance, and whether the offense occurred near a school or juveniles. Individuals who are licensed health professionals authorized to prescribe or sell drugs, medications and prescriptions are generally exempt from drug trafficking charges. Ohio’s Schedule of Drugs The Ohio Revised Code classifies controlled substances into different schedules, ranging from Schedule I to Schedule V (Ohio Rev. Code § 3719.41). These schedules range from the most addicting substances (Schedule I) to the least addictive substances (Schedule V). Schedule I drugs have the most potential for abuse and no acknowledged medical use in the United States. Drugs in this schedule include heroin, cocaine, marihuana and hashish. Schedule II drugs also have a high potential for abuse and minimal, if any, medical use in the United States. Examples of substances in this schedule include hydrocodone, opium, methamphetamine and opium. Schedule III drugs have a lower potential for abuse than Schedule I or II substances, and have acknowledged medical use in the United States. Substances in this schedule include LSD and pentobarbital. Schedule IV drugs have a lower potential for abuse than Schedule III drugs and have accepted medical uses in the United States. Examples of controlled substances in this schedule are Xanax and Valium. Schedule V drugs have the least potential for abuse and have commonly accepted medical uses in the United States. Examples of substances in this schedule are ephedrine, if not listed in another schedule, and small amounts of narcotic preparation medications. Ohio Penalties for Drug Trafficking The potential punishments an alleged offender can face for drug trafficking depend on the schedule the drug was in, the amount of the substance and whether the offense occurred near a school or juveniles. The following are suggested sentencing guidelines for Ohio drug trafficking charges: Generally, if a person traffics drugs that are in Ohio’s schedule of drugs in schedule III, IV or V, they can be charged with a felony of the fifth degree, which is punishable with a prison sentence from six to 12 months and/or fines not more than $2,500. If the drug trafficking offense was committed near a school or near juveniles, this is punishable as a felony of the fourth degree, which could result in a prison sentence from six to 18 months and/or fines not more than $5,000. If the amount of drugs in the drug trafficking offense equaled or exceeded the bulk amount but was less than five times the bulk amount, this offense is punishable as a felony of the fourth degree. If this offense was committed near a school or juveniles, the offense is punishable as a felony of the third degree, which could lead to a prison sentence ranging from one to five years and/or fines not more than $10,000. If the amount of drugs in the drug trafficking offense equals or exceeds five times the bulk amount but is less than 50 times the bulk amount, this offense is punishable as a felony of the third degree. If this offense was committed near a school or juveniles, the offense is punishable as a felony of the second degree, which could result in a prison sentence from two to eight years and/or fines not exceeding $15,000. If the amount of drugs in the drug trafficking offense equals or exceeds 50 times the bulk amount, this offense is punishable as a felony of the second degree. If this offense was committed near a school or juveniles, the offense is punishable as a felony of the first degree, which could result in a prison sentence ranging from three to 10 years and/or fines up to $20,000. Additionally, a person charged with drug trafficking could possibly receive mandatory fines, driver’s license suspension, and suspension or revocation of professional license. Ohio Penalties for Aggravated Drug Trafficking The potential penalties an alleged offender can face for aggravated drug trafficking depend on the schedule the drug was in, the amount of the substance and whether the offense occurred near a school or juveniles. A conviction for trafficking in certain substances, including marihuana, cocaine, LSD, heroin and hashish will incur different penalties than those listed below. If a person traffics drugs that are in Ohio’s schedule of drugs in schedule I or II, they can generally be charged with aggravated drug trafficking, which is a felony of the fourth degree. A person convicted of this offense can receive a prison sentence from six to 18 months and/or fines not exceeding $5,000. If the aggravated drug trafficking offense was committed near a school or near juveniles, this is punishable as a felony of the third degree, which could lead to a prison sentence ranging from one to five years and/or fines not more than $10,000. If the amount of drugs in the aggravated drug trafficking offense equaled or exceeded the bulk amount but was less than five times the bulk amount, this offense is punishable as a felony of the third degree. If this offense was committed near a school or juveniles, the offense is punishable as a felony of the second degree, which could result in a prison sentence from two to eight years and/or fines not exceeding $15,000. If the amount of drugs in the aggravated drug trafficking offense equals or exceeds the five times the bulk amount but is less than 50 times the bulk amount, this offense is punishable as a felony of the second degree. If this offense was committed near a school or juveniles, the offense is punishable as a felony of the first degree, which could result in a mandatory prison sentence ranging from three to 10 years and/or fines up to $20,000. If the amount of drugs in the drug trafficking offense equals or exceeds 50 times the bulk amount but is less than 100 times the bulk amount, this offense is punishable as a felony of the first degree and is punishable with a mandatory prison sentence. If the amount of drugs in the drug trafficking offense equals or exceeds 100 times the bulk amount, this offense is punishable as a felony of the first degree. This offense is punishable with a mandatory prison term, classification as a major drug offender and an additional prison term for a major drug offender. Additionally, a person charged with aggravated drug trafficking could face possible mandatory fines, driver’s license suspension, and suspension or revocation of professional license. |
Jeffrey G. Edleman
Attorney At Law 260 S. Main St., Suite 108 Amherst, OH 44001 T: (440) 823-4077 F: (440) 984-3338 E: JGEdleman2003@yahoo.com |
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