Ohio Drug Laws And College Students
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.
Offense Penalty Incarceration Max. Fine
Less than 100 g misdemeanor N/A $ 150 100 – 200 g misdemeanor 30 days $ 250 200 – 1000 g felony 6 mos – 1 year $ 2,500 1000 – 5000 g felony 1 – 5 years $ 10,000 5000 – 20,000 g felony 1 – 5 years $ 10,000 20,000 – 40,000 g felony 5* – 8 years $ 15,000 More than 40,000 g felony 8 years* $ 15,000 * Mandatory minimum sentence
A gift of 20 g or less (first offense) misdemeanor N/A $ 150 A gift of 20 g or less (second offense) misdemeanor 60 days $ 500 Less than 200 g felony 1 year $ 2,500 200 – 1000 g felony 6 mos – 1.5 years $ 2,500 1000 – 5000 g felony 1 – 5 years $ 2,500 5000 – 20,000 g felony 1 – 5 years $ 2,500 20,000 – 40,000 g felony 5* – 8 years $ 2,500 More than 40,000 g felony 8 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.