Drug trafficking is one of the most serious drug-related offenses in Ohio, involving the manufacturing, distribution, sale, or possession with intent to distribute controlled substances. Governed by Ohio Revised Code (ORC) § 2925.03, drug trafficking laws are designed to combat the spread of illegal drugs and impose severe penalties on offenders. However, many lower-level and non-violent offenders can find themselves being charged with drug trafficking if they are simply unlucky.
Cincinnati Lawyer for Drug Trafficking Charges
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. Do not speak to the police unless you have a lawyer present.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of Drug Trafficking Charges in Ohio
- Drug Trafficking Charges under Ohio Law
- Key Definitions
- Penalties for Drug Trafficking
- Federal Drug Trafficking
- Hire an Attorney for Drug Trafficking Charges
Drug Trafficking Charges under Ohio Law
Ohio Revised Code § 2925.03 outlines the offense of drug trafficking. The statute defines various forms of trafficking, including the sale, offer to sell, shipment, or delivery of controlled substances.
ORC § 2925.03(A): “No person shall knowingly do any of the following:
(1) Sell or offer to sell a controlled substance or a controlled substance analog;
(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the offender 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.”
The statute establishes that the offender must act knowingly, with an understanding of the nature of the substance and its intended use.
Key Definitions
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.
Penalties
The penalties for drug trafficking in Ohio depend on several factors, including the type and amount of the controlled substance, the offender’s prior criminal record, and whether the offense occurred near certain protected locations, such as schools. Trafficking offenses are classified as felonies, with severity increasing based on the circumstances:
- Minor Drug Trafficking (Schedule V Substances):
- Degree: Fifth-degree felony.
- Penalty: 6 to 12 months in prison and fines up to $2,500.
- Significant Quantities or Schedule I and II Substances:
- Degree: Third-degree or second-degree felony, depending on the quantity.
- Penalty: 9 to 36 months (third degree) or 2 to 8 years (second degree) in prison and fines up to $15,000.
- Major Drug Trafficking (Large Quantities or Aggravating Circumstances):
- Degree: First-degree felony.
- Penalty: 3 to 11 years in prison and fines up to $20,000.
- Mandatory Sentences: For high-level trafficking offenses, mandatory prison terms apply.
- Protected Locations:
- Offenses committed near schools, juvenile facilities, or within 1,000 feet of school zones incur enhanced penalties.
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 Trafficking Charges in Hamilton County, OH
The Wieczorek Law Firm, LLC, has represented clients accused of drug crimes for over 16 years. The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.