While Ohio has implemented reforms such as a medical marijuana program and reduced penalties for certain drug offenses, possession of controlled substances can still result in felony charges. Additionally, federal law remains stricter than state law, and federal authorities may step in to prosecute in certain circumstances, especially in large-scale drug trafficking operations.
Cincinnati Lawyer for Federal Drug Possession
Federal drug possession laws are much stricter than state laws. In most cases, the state attorney general will prosecute the possession and distribution of controlled substances in Ohio. However, if the amount of drugs, or the nature of the drugs are far more serious (e.g., heroin as opposed to a few grams of marijuana), then federal agents may instead prosecute the possession of said substances.
If you or someone you know has been charged with a federal drug offense, know that you do not have to fight it alone. The Wieczorek Law Firm, LLC, has represented clients for state and federal offenses since 2008. Mark Wieczorek is a former prosecutor in Cincinnati Ohio, and knows what it takes to secure a positive outcome for his clients.
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 fill out our online contact form.
Overview of Federal Drug Possession in Ohio
- Drug Possession under Ohio and Federal Law
- Medical Marijuana in Ohio
- Federal Involvement in Drug Possession Cases
- Penalties Under Federal Law
- Defenses to Felony Drug Possession Charges
- Collateral Consequences of Felony Drug Possession
- Frequently Asked Questions
- Additional Resources
- Hire a Criminal Defense Attorney for Federal Drug Possession in Hamilton County, OH
Drug Possession under Ohio and Federal Law
Ohio’s drug possession laws are governed by Ohio Revised Code (ORC) § 2925.11, which classifies offenses based on the type and amount of the controlled substance. Controlled substances are categorized into five schedules under ORC § 3719.41, with Schedule I and II substances carrying the harshest penalties due to their high potential for abuse and limited or no accepted medical use.
To be convicted of drug possession, the prosecution must prove three things:
- The offender knew the drugs were illegal or did not care
- The offender knowingly sold or possessed the drugs
- The drugs were in fact illegal in the amount that they were found
Classification of Felony Drug Possession
The severity of felony drug possession charges in Ohio depends on the type and quantity of the drug:
- Schedule I and II Drugs (e.g., heroin, cocaine, methamphetamine)
- Fifth-Degree Felony:
- Possession of small quantities above misdemeanor thresholds.
- Penalties: 6 to 12 months in prison and fines up to $2,500.
- First-Degree Felony:
- Large quantities (e.g., over 50 grams of heroin or 1,000 grams of cocaine).
- Penalties: 3 to 11 years in prison and fines up to $20,000.
- Schedule III, IV, and V Drugs (e.g., prescription opioids, anabolic steroids)
- Fourth-Degree Felony:
- Possession of large amounts.
- Penalties: 6 to 18 months in prison and fines up to $5,000.
Medical Marijuana in Ohio
Since 2016, Ohio has permitted the use of marijuana for medical purposes under ORC Chapter 3796. This program allows registered patients with qualifying conditions to legally possess and use marijuana. However, strict rules apply:
- Legal Possession:
- Patients must possess no more than a 90-day supply of medical marijuana in approved forms (e.g., oils, tinctures, edibles, or vaporized products).
- Smoking marijuana remains prohibited in public. However, it is generally legal to hold 2.5 ounces of marijuana on one’s person if they are above the age of 21.
- Registration Requirement:
- Patients must be registered with the Ohio Medical Marijuana Control Program (OMMCP) and obtain marijuana from licensed dispensaries.
Penalties for Unauthorized Possession
- Individuals found in possession of marijuana outside the medical program’s regulations may face misdemeanor or felony charges, depending on the amount and circumstances.
Federal Involvement in Drug Possession Cases
While Ohio has established a medical marijuana program, marijuana remains classified as a Schedule I controlled substance under federal law. Federal authorities may intervene in drug possession or distribution cases under certain conditions:
- Large-Scale Distribution – Federal prosecution is more likely in cases involving large quantities of drugs, such as trafficking operations or multi-state distribution networks.
- Drug-Free Zones – Possession or distribution near schools, public housing, or other federally protected areas can trigger federal charges.
- Interstate Transport (RICO) – Crossing state lines with controlled substances, including marijuana, can result in federal prosecution, even if both states have legalized marijuana.
- Federal Property – Possession of any controlled substance on federal property (e.g., national parks, federal courthouses) violates federal law.
Penalties Under Federal Law
Federal penalties for drug possession and distribution are generally harsher than Ohio’s state laws:
- Simple Possession: Up to 1 year in federal prison and fines.
- Distribution or Trafficking: Mandatory minimum sentences starting at 5 years for certain quantities of drugs, with higher penalties for repeat offenses or aggravating factors.
Defenses to Felony Drug Possession Charges
Individuals accused of felony drug possession in Ohio may have several defenses, depending on the circumstances of their case:
- Unlawful Search and Seizure:
- Challenging evidence obtained through unconstitutional means, such as a warrantless search.
- Lack of Knowledge:
- Arguing that the defendant was unaware of the presence of the controlled substance.
- Medical Marijuana Compliance:
- Demonstrating that the defendant was a registered medical marijuana patient and complied with program regulations.
- Lab Testing Challenges:
- Questioning the accuracy of lab tests identifying the substance as a controlled substance.
Collateral Consequences of Felony Drug Possession
Beyond criminal penalties, a felony drug possession conviction can result in significant collateral consequences:
- Employment Challenges: A felony conviction may limit job opportunities, especially in industries requiring background checks. Higher-tier drugs that are prosecuted as a felony can cut off a significant number of avenues for offenders.
- Loss of Federal Benefits: Convictions can affect eligibility for federal financial aid, housing assistance, and other programs.
- Driver’s License Suspension: Ohio law mandates driver’s license suspension for drug offenses, even if the offense did not involve a vehicle.
Frequently Asked Questions
What qualifies as felony drug possession in Ohio?
Felony drug possession involves knowingly possessing a controlled substance in amounts that exceed misdemeanor thresholds or possessing drugs classified as Schedule I or II.
Will I be arrested for carrying medical marijuana?
No, as long as you are a registered medical marijuana patient in Ohio, comply with state regulations, and purchase from licensed dispensaries.
What happens if I am caught with marijuana outside Ohio?
Crossing state lines with marijuana, even for medical use, can result in federal prosecution as marijuana remains illegal under federal law.
Can I avoid jail time for felony drug possession?
Yes, first-time offenders may qualify for diversion programs, probation, or treatment in lieu of conviction, which can reduce or dismiss charges.
What drugs are most commonly associated with felony possession charges?
Drugs like heroin, cocaine, methamphetamine, LSD, and fentanyl are often associated with felony possession charges due to their classification as Schedule I or II substances.
Can federal authorities prosecute me for drug possession in Ohio?
Yes, federal authorities may prosecute for large-scale drug possession, possession near schools or public housing, or possession of federal property.
Is drug possession near a school a more severe offense?
Yes, possession near a school or other drug-free zones can lead to enhanced penalties under Ohio law.
Can I get a felony drug possession charge expunged in Ohio?
Some felony drug possession convictions can be expunged after completing the sentence and waiting the required time, typically 3 to 5 years
Additional Resources
Federal Drug Schedule – This link provides the federal drug schedule for most known drugs. The scheduling of drugs is not linear – the higher or lower you go does not necessarily mean the drug is prosecuted differently. However, schedule 1 drugs include things like Heroin, LSD, ecstasy, and marijuana, while Schedule 5 drugs generally include prescription medication.
Non-Medical Cannabis FAQ – The Ohio Department of Commerce provides information on non-medical cannabis and the future of cannabis medical programming for the future.
Hire a Criminal Defense Attorney for Federal Drug Possession in Hamilton County, OH
If you or someone you know has been charged with a federal drug offense, know that you do not have to fight it alone. The Wieczorek Law Firm, LLC, has represented clients for state and federal offenses since 2008. Mark Wieczorek is a former prosecutor in Cincinnati Ohio, and knows what it takes to secure a positive outcome for his clients.
The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point. Call Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our online contact form.