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Cleveland Drug Possession Lawyer

If you are caught with any amount of illegal drugs in Ohio, you could face drug possession charges. You may have no idea where the drugs came from, or you might be struggling with addiction. Whatever your situation, you need to work with a Cleveland drug possession lawyer as soon as possible.

If you are arrested or questioned about a drug crime in Ohio, contact The Law Office of Daniel M. Margolis, LLC. As a former prosecuting attorney, Daniel Margolis knows how these cases are built and prosecuted. By having an experienced and highly skilled Cleveland drug attorney, you can ensure your rights are respected as your case moves towards a favorable conclusion. Call 216-533-9533 today or contact us online for a free case consultation.

Ohio Drug Possession

Ohio Revised Code (ORC) Chapter 2925.11 states it is illegal for anyone to knowingly obtain, possess, or use a controlled substance unless you have a license or prescription to do so.
This means that possessing a drug can mean many things. It could mean you had a small bag of a controlled substance in your pocket. It could also mean that the police found illegal drugs in your car, home, or another location under your control.

Under Ohio law, there are many types of controlled substances. The level of the charge for possessing controlled substances depends on where they fall on the state’s controlled substances schedule:

  • Possession of a schedule I drug- These are considered the most dangerous drugs, including LSD, heroin, opioids, ecstasy, hallucinogenic drugs, and marijuana. If you are caught in possession of a schedule I drug other than LSD, heroin, or marijuana; then you may be charged with a felony. LSD, heroin, and marijuana possession are treated differently and have their own level of charges based on amounts that do not apply to other schedule I drugs.
  • Possession of a schedule II drug- These are the next most serious types of drugs. They include cocaine, methamphetamine, opium, GHB, and many prescription painkillers. Possession of a schedule II drug other than cocaine is a felony. Cocaine has a different series of charges based on the amount in your possession that does not apply to other schedule II drugs.
  • Possession of a schedule III drug- These drugs have a moderate risk of abuse and dependence though they also have a legitimate medical use in the U.S. They include anabolic steroids, barbiturates, ketamine, and some painkillers like codeine. Possession of a schedule III drug may be charged as either a misdemeanor or felony.
  • Possession of a Schedule IV drug- These drugs have accepted medical uses in the U.S. and a low risk of abuse and dependence. They include many anxiety and depression medications and sedatives. Possession of a schedule IV drug may be either a misdemeanor or felony.
  • Possession of a Schedule V drug- These are the least dangerous controlled substances. They have legitimate medical uses and a low risk of addiction. They include many prescriptions and over-the-counter medications that include small doses of codeine. Possession of a schedule V drug may be a misdemeanor or felony.

Ohio’s Bulk Amounts

For most drug possession charges in Ohio, whether you have less or more than the bulk amount will determine whether you face a lower or higher level offense. It often makes the difference between a misdemeanor and a felony.

Ohio has an extensive list of bulk amounts for various drugs. If you are unsure of how the amount of a controlled substance may influence your charges, call a drug possession attorney from The Law Office of Daniel M. Margolis, LLC immediately.

Ohio Marijuana Possession

Despite marijuana being a schedule I controlled substance, the possible penalties do not depend on the typical law regarding schedule I possession. Instead, the law for unlawful marijuana possession is specific to the amount of marijuana under your control:

  • Up to 99 grams – A minor misdemeanor, punishable by a fine. You will probably not be incarcerated for possessing a small amount of marijuana.
  • Between 100 and 199 grams – A fourth-degree misdemeanor, punishable by up to 30 days in jail and fines reaching $250.
  • Between 200 and 999 grams – A fifth-degree misdemeanor, punishable by up to one year in prison and a fine up to a $2,000.
  • Between 1,000 and 4,999 grams – A third-degree felony, punishable by up to five years in prison and a fine up to $10,000.
  • Between 5,000 and 19,999 grams – A third-degree felony, punishable by up to five years in prison and a fine up to $10,000.
  • Between 20,000 and 39,999 grams – A second-degree felony, punishable by up to eight years in prison and a fine up to $15,000.
  • More than 40,000 grams – A second-degree felony, punishable by a mandatory eight years in prison and a fine up to $15,000.

Ohio Cocaine Possession

When it comes to cocaine possession in Ohio, the amounts that dictate the charges are:

  • Between one and four grams – A fifth-degree felony, punishable by up to 12 months in prison and a fine up to $2,500.
  • Between five and 10 grams – A fourth-degree felony, penalized by up to 18 months in prison and a maximum fine of $5,000.
  • Between 10 and 20 grams – A third-degree felony, punishable by up to three years in prison and a fine up to $10,000.
  • Between 20 and 27 grams – A second-degree felony, punishable by up to eight years in prison and a fine up to $15,000
  • Between 27 and 100 grams – A first-degree felony, punishable by between up to 11 years in prison and a fine up to $20,000.
  • More than 100 grams – A first-degree felony, punishable by up to 11 years in prison and a fine up to $20,000.

Ohio Heroin Possession

If you are charged with possessing heroin in Ohio, then you face:

  • Less than one gram or less than 10 doses – A fifth-degree felony, punishable by up to one year in prison and a fine up to $2,500.
  • Between one and four grams or between 10 and 49 doses – A fourth-degree felony, penalized by up to 18 months in prison and a maximum fine of $5,000.
  • Between five and nine grams or between 50 and 99 doses – A third-degree felony, punishable by up to five years in prison and a fine up to $10,000.
  • Between 10 and 49 grams or between 100 and 499 doses – A second-degree felony, punishable by up to eight years in prison and a fine up to $15,000.
  • Between 50 and 249 grams or between 500 and 2,499 doses – A first-degree felony, punishable by up to 11 years in prison and a fine of $20,000.
  • More than 250 grams or more than 2,500 doses – A first-degree felony, punishable by up to 11 years in prison and a fine up to $20,000.

A Cleveland Drug Possession Lawyer is Here to Help

If you are facing drug possession charges in Cuyahoga County, whether for marijuana, prescription painkillers, or drugs like heroin and cocaine, contact an aggressive drug possession attorney at The Law Office of Daniel M. Margolis, LLC. People often believe drug cases are open and shut, but there are numerous and effective defense options in possession cases. Attorney Daniel M. Margolis may argue that the controlled substance was not in your possession, motion to have illegally obtained evidence excluded, or demonstrate that the prosecutors do not have enough evidence to prove your guilt beyond a reasonable doubt. If a conviction is likely, attorney Margolis will also focus on minimizing the potential consequences, including making sure you are not being charged with a higher offense based on an incorrect measurement of the drug or securing a treatment alternative rather than time in custody.

To learn more about how The Law Office of Daniel M. Margolis, LLC can help you, call 216-533-9533 or use our online contact form to schedule an initial consultation.

Attorney Margolis is not currently providing free consultations nor accepting new clients. Please be advised that contact form submissions and calls may not be returned.
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