Ohio consistently ranks as one of the worst states for drug abuse. This has motivated legislators, prosecutors, and law enforcement to aggressively pursue drug cases against people, including those they hold responsible for this abuse.
Unfortunately, this means that many people are falsely accused by law enforcement and informants trying to escape their own criminal penalties or overcharged by zealous prosecutors.
While many states are decriminalizing or reducing penalties for drug crimes, Ohio has gone the opposite direction and increased potential penalties. A Cincinnati criminal defense attorney can help aggressively advocate for your rights if you are facing drug trafficking charges. Contact us 24/7 for a free case review.
Cincinnati Drug Trafficking Defense Attorney
If you have been charged with drug trafficking, know that you are being targeted as a serious offender. While drug trafficking can technically refer to any sale or transportation of controlled substances, the actual charge of drug trafficking is usually reserved for big players in the drug market.
If you have been charged with drug trafficking or arrested for the same, do not speak to the police unless you have a lawyer present.
The Wieczorek Law Firm, LLC, has represented clients accused of drug crimes for over 16 years. As a former prosecuting attorney, Mark Wieczorek understands what it takes to negotiate on your behalf with the attorney general’s office. The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of Ohio Drug Trafficking Laws
- Drug Trafficking Under Ohio Law
- Ohio Penalties for Drug Trafficking
- Collateral Consequences for Drug Convictions
- Possible Defenses in Drug Trafficking Cases
- Federal Drug Trafficking
- Additional Resources
Drug Trafficking Under Ohio Law
Drug trafficking is selling or offering to sell a controlled substance or an analog or preparing for shipment, shipping, transporting, delivering, preparing for distribution, or distributing a controlled substance or analog, knowing that it will probably be sold to someone else.
Ohio law includes several key definitions to clarify the elements of drug trafficking offenses:
- Controlled Substance: Defined in ORC § 3719.01(C) as any drug, compound, mixture, or substance listed in Schedules I through V of the Ohio Controlled Substances Act.
- Controlled Substance Analog: A substance with a chemical structure substantially similar to a controlled substance, designed to mimic its effects.
- Knowingly: As per ORC § 2901.22(B), a person acts knowingly when they are aware that their conduct will probably cause a certain result or be of a certain nature.
- Sell or Offer to Sell: Includes any exchange, whether monetary or otherwise, as well as the solicitation or offer to engage in such exchanges.
Ohio Penalties for Drug Trafficking
The potential penalties you face depend on the type of drug you are accused of trafficking and the amount. Drug trafficking can be charged as a fifth-degree felony to a first-degree felony. Here are some potential penalties for a conviction of drug trafficking:
| Severity of Crime | Drugs Involved | Possible Term of Imprisonment | Possible Fine |
| Fifth-degree felony | Marijuana – Up to 199 grams
Cocaine – Up to 4 grams Heroin – Under 1 gram LSD – Under 1 gram Fentanyl – Under 1 gram |
One year jail sentence | $2,500 |
| Fourth-degree felony | Marijuana – 200 to 999 grams
Cocaine – 5 to 9 grams Heroin – 1 to 4 grams LSD – 1 to 4 grams Fentanyl – 1 to 4 grams |
Eighteen-month prison sentence | $5,000 |
| Third-degree felony | Marijuana – 1,000 to 19,999 grams
Cocaine – 10 to 19 grams Heroin – 5 to 9 grams LSD – 5 to 24 grams Fentanyl – 5 to 9 grams |
Five year prison sentence | $10,000 |
| Second-degree felony | Marijuana – 20,000 grams or more
Cocaine – 20 to 26 grams Heroin – 10 to 49 grams LSD – 25 to 99 grams Fentanyl – 10 to 19 grams |
Eight-year prison sentence | $15,000 |
| First-degree felony | Cocaine – 27 grams or more
Heroin – 50 grams or more LSD – 100 or more grams Fentanyl – 20 or more grams |
Eleven-year prison sentence | $20,000 |
Collateral Consequences for Drug Convictions
In addition to these penalties, you could face a number of collateral consequences for a drug conviction, including:
- Loss of civil rights – You can lose your right to vote, possess a firearm, hold public office and other rights.
- Employment – You could lose your job or be refused employment due to a drug-related conviction. You could also be subject to random drug testing, which could further jeopardize your job. You could also lose your professional license.
- Child custody – You could lose your parental rights or be at a disadvantage in any child custody dispute.
- Housing – You could be denied the right to live in public housing because of a drug conviction.
- Civil forfeiture – The government can seize real and personal property used to support the drug trade.
Possible Defenses in Drug Trafficking Cases
An experienced drug trafficking lawyer can carefully review your case and determine if any of the following defenses may apply to your case:
- Unlawful search and seizure
- Entrapment
- Procedural errors
- Testing errors
- Drugs are only for personal use
- Substance in question is not a controlled substance
- Lawful possession
Federal Drug Trafficking
While Ohio handles local drug trafficking cases, the federal government sometimes steps in for RICO cases, or those cases that cross state lines. Anyone with an ongoing RICO investigation is in serious trouble – the federal government has identified them as a major player and are seeking to remove them from the drug business, usually for decades.
Federal authorities may pursue drug trafficking cases under the following circumstances:
- Interstate or International Activity: Trafficking offenses involving transportation across state or national borders.
- Large Quantities: Cases involving significant amounts of controlled substances.
- Drug Trafficking Organizations (DTOs): Operations targeting organized crime or cartel activity.
- Federal Facilities or Jurisdictions: Offenses occurring on federal property or involving federal employees.
Additional Resources
Ohio Revised Code Section 2925.03 – This statute defines drug trafficking offenses in Ohio, detailing prohibited activities, associated penalties, and legal definitions pertinent to the sale, distribution, and preparation for distribution of controlled substances.
Ohio Criminal Sentencing Commission’s Drug Offense Quick Reference Guide – This guide provides a concise overview of drug trafficking penalties in Ohio, including offense levels and sentencing guidelines, useful for understanding the legal consequences of such offenses.
Ohio Attorney General’s News Releases on Drug Interdiction Efforts – These releases highlight recent drug trafficking busts and law enforcement initiatives in Ohio, offering insights into the state’s efforts to combat drug-related crimes.
Hire a Criminal Defense Attorney for Drug Charges in Hamilton County, OH
The Wieczorek Law Firm, LLC, has represented clients accused of drug crimes in Ohio for over 16 years. As a former prosecuting attorney, Mark Wieczorek understands what it takes to achieve favorable results in drug trafficking cases.
The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.