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Ohio Drug Laws And College Students

Dayton DUI Attorney Charles Rowland > DUI Law  > Drugs & Alcohol  > Ohio Drug Laws And College Students

Ohio Drug Laws And College Students

ohio drug laws

If you attend college in Ohio you need to know Ohio Drug Laws and how they can get you in trouble.

 

Selling or distributing illicit drugs: O.R.C. Section 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances.  Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in Section 2925.03(C), including type and weight of drug. The minimum penalty for a fifth degree felony can include 6 to 12 months in jail and/or a fine up to $2,500. The maximum penalty for a first degree felony can include imprisonment up to 10 years and a fine up to $20,000.

 

Possessing or using illicit drugs: O.R.C. Section 2925.11 prohibits any person from knowingly obtaining, possessing, or using a controlled substance. Penalty for violation: Violation of this statute is drug abuse, which may be a misdemeanor or a felony depending on the specific criteria set forth in Section 2925.11(C), including type and weight of drug. The minimum penalty, a fourth degree misdemeanor, is punishable by imprisonment of up to 30 days and a fine up to $250. The maximum penalty, a first degree felony, is punishable by up to 10 years in prison and a fine up to $20,000.

 

Federal Drug Laws: In addition to Ohio drug laws, federal law also imposes rules and restrictions on the use and possession of controlled substances.  Federal law prohibits the trafficking and illegal possession of controlled substances as outlined in 21 United States Code, Sections 841 and 844.  Depending on the amount possessed, first offense maximum penalties for trafficking marijuana range from five years’ imprisonment with a $250,000, fine to imprisonment for life with a $4 million fine for an individual, and from five years’ imprisonment with a $1 million fine to imprisonment for life with a $20 million fine for more than one offender. Also depending on the amount possessed, first offense maximum penalties for trafficking Class I and Class II controlled substances (methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl analogue) range from five years’ imprisonment with a $2 million fine to imprisonment for life and a $4 million fine for an individual, and from five years’ imprisonment with a $5 million fine to imprisonment for life and a $10 million fine for more than one offender. First offense penalties for simple possession, 21 USCS §844, range from at most one years’ imprisonment or at least a $1,000, fine, or both; to at most 20 years’ imprisonment and at least a $1,000, fine. For the most current and complete information regarding Federal penalties for drug trafficking, visit the U.S. Drug Enforcement Administration’s website at: http://www.justice.gov/dea/agency/penalties.htm.

 

Ohio Drug Laws & Your College: In addition to felony or misdemeanor criminal offenses for violation of Ohio Drug Laws, you may also be in violation of your university’s Code of Student Conduct.  Even if you avoid a conviction for a violation of Ohio Drug Laws you may still face discipline which includes losing your right to attend the institution, loss of financial aid to any institution and eviction from on-campus or off-campus housing.  It is important to understand that the Student Code of Conduct may impose higher expectations for behavior than the legal standards used to determine a violation of Ohio Drug Laws.

The following chart (taken from Ohio NORML) describes the various laws relating to possession and sale of marijuana in Ohio.

OffensePenaltyIncarceration  Max. Fine

Possession

Less than 100 gmisdemeanorN/A$ 150
100 – 200 gmisdemeanor30 days$ 250
200 – 1000 gfelony6 mos – 1 year$ 2,500
1000 – 5000 gfelony1 – 5 years$ 10,000
5000 – 20,000 gfelony1 – 5 years$ 10,000
20,000 – 40,000 gfelony5* – 8 years$ 15,000
More than 40,000 gfelony8 years*$ 15,000
* Mandatory minimum sentence

Sale/Distribution/Trafficking

A gift of 20 g or less (first offense)misdemeanorN/A$ 150
A gift of 20 g or less (second offense)misdemeanor60 days$ 500
Less than 200 gfelony1 year$ 2,500
200 – 1000 gfelony6 mos – 1.5 years$ 2,500
1000 – 5000 gfelony1 – 5 years$ 2,500
5000 – 20,000 gfelony1 – 5 years$ 2,500
20,000 – 40,000 gfelony5* – 8 years$ 2,500
More than 40,000 gfelony8 years*$ 2,500
To a minor, within 1000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction will increase the term of imprisonment and the fine.
* Mandatory minimum sentence

 

 

Disclaimer: The information on Ohio Drug Laws is intended as a general summary. Seek the advice of an attorney as Ohio Drug Laws are frequently amended and interpreted by Ohio courts.  If you are charged with a violation of Ohio Drug Laws it is important to speak with an attorney.

 

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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