The chart below provides a summary of laws related to Ohio's drug distribution laws, including links to important code sections. The penalty provisions for drug offenses are among the most complicated in the criminal code and require an attorney of sophistication to navigate. A fine imposed under division (H)(1) of this section is not subject to division (F) of this section and shall be used solely for the support of one or more eligible community addiction services providers in accordance with divisions (H)(2) and (3) of this section. Certain facts will change the level of felony and, therefore, the possible penalties. If applicable, the court also shall do the following: (1) If the violation of division (A) of this section is a felony of the first, second, or third degree, the court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent. shall knowingly. (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. (5) As used in divisions (H)(1) to (5) of this section: (a) "Community addiction services provider" and "alcohol and drug addiction services" have the same meanings as in section 5119.01 of the Revised Code. tit. Franklin Furnace, Ohio, was indicted on: Possession of a Fentanyl-Related Compound. These cases are incredibly complex, as the charges will vary depending on the substance that is involved, the amount of drugs that were involved, and where the . (e) If the amount of the drug involved equals or exceeds fifty times the bulk amount but is less than one hundred times the bulk amount and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, aggravated trafficking in drugs is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. Punishment for a class 5 felony is: Probation (only if under threshold); Between .5 and a maximum of 2.5 years in prison. Ohio Drug Trafficking Laws According to Ohio law Ohio Revised Code 2925.03, it is illegal for a person to: Knowingly sell or offer to sell a controlled substance or a substance that is . Foti, James Arrested October 5, 2022 by US Marshals Aggravated Drug Trafficking Illegal Conveyance of Drugs in Detention Facility Race . (2) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule III, IV, or V, whoever violates division (A) of this section is guilty of trafficking in drugs. Examples of Schedule I drugs are Ecstasy, heroin, LSD, and peyote. KENNEBUNK, Maine- Police arrest three people for aggravated drug trafficking after traffic stop. Steven A Smith, 34. (b) If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of trafficking in a fentanyl-related compound and shall be punished under division (C)(9) of this section. Kevin "Ock" May: 31-years-old from Columbus, Ohio. (b) Except as otherwise provided in division (C)(1)(c), (d), (e), or (f) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, aggravated trafficking in drugs is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. The actual charges that a defendant will face range from a misdemeanor to a felony. If the substance is spice, the alleged crime is considered trafficking in spice. The Scioto County Grand Jury indicted the 43-year-old woman back in September. A second offense is a third-degree misdemeanor. Henderson, 161 Ohio St.3d 285, 2020-Ohio-4784, 162 N.E.3d 776, 35 (common pleas courts have "subject-matter jurisdiction over felony cases"). First-degree felonies are the most serious offenses, while fifth-degree felonies are the least. Forafter-hourshelp contact our24/7 DUI HOTLINEat937-776-2671. (G)(1) If the sentencing court suspends the offender's driver's or commercial driver's license or permit under division (D) of this section or any other provision of this chapter, the court shall suspend the license, by order, for not more than five years. Section 2925.01 - Drug offense definitions. Aggravated possession of drugs: If the possessor has Schedule I or Schedule II drugs (with the exception of . Drug trafficking,Ohio Rev. Drug Manufacturing. Five people were named co-defendants in drug case in the Proctorville area last month. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Gene Cox . Additionally, a written internal control policy adopted under this division is such a public record, and the agency that adopted it shall comply with it. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit in accordance with division (G) of this section. (b) "Eligible community addiction services provider" means a community addiction services provider, including a community addiction services provider that operates an opioid treatment program licensed under section 5119.37 of the Revised Code. The crime is one of the few in Maine that has a mandatory minimum prison sentence. . (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds two hundred fifty grams but is less than one thousand grams of hashish in a solid form or equals or exceeds fifty grams but is less than two hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, trafficking in hashish is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(1)(b), (c), (d), (e), or (f) of this section, aggravated trafficking in drugs is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. All Rights Reserved. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. (H)(1) In addition to any prison term authorized or required by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, in addition to any other penalty or sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, and in addition to the forfeiture of property in connection with the offense as prescribed in Chapter 2981. of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may impose upon the offender an additional fine specified for the offense in division (B)(4) of section 2929.18 of the Revised Code. (b) Except as otherwise provided in division (C)(9)(c), (d), (e), (f), (g), or (h) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related compound is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. In Ohio, a first offense involving marijuana less than 20 grams is a minor misdemeanor punishable by a $150.00 fine. is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. Kennebunk Drug Bust. Call The Maher Law Firm now at 614-205-2208 for your free consultation with a Columbus DUI lawyer. The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. The . Trafficking in hashish is generally a felony of the fifth degree. in a liquid concentrate, liquid extract, or liquid distillate form and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. (F)(1) Notwithstanding any contrary provision of section 3719.21 of the Revised Code and except as provided in division (H) of this section, the clerk of the court shall pay any mandatory fine imposed pursuant to division (D)(1) of this section and any fine other than a mandatory fine that is imposed for a violation of this section pursuant to division (A) or (B)(5) of section 2929.18 of the Revised Code to the county, township, municipal corporation, park district, as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender. Fill out the form below to request information about a quote from us! prepare for shipment, ship, transport, deliver, prepare for distribution, or . RYAN MAURICE MINNEY, 26 Possession of a Fentanyl-Related Compound. 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