Drug Trafficking in Ohio – What You Should Know
Drug trafficking is a misunderstood term in Ohio. Most people think of someone like Pablo Escobar when they think of drug trafficking. However, you do no have to be a drug lord to be charged with drug trafficking. Moreover, this offense carries significant prison time, fines, forfeiture of property, driver’s license suspensions, and can make it difficult to find employment and housing.
What is Drug Trafficking in Ohio?
Drug trafficking in Ohio, pursuant to 2925.03(A), is selling or offering to sell a controlled substance. However, you do not have to simply sell or offer to sell to be charged with drug trafficking in Ohio. If you prepare for shipment, ship or transport a controlled substance when you know that the controlled substance is intended for sale, you can be charged with drug trafficking. Both selling and engaging in activities that assist in selling controlled substances constitute drug trafficking in Ohio.
Penalties in Ohio for Drug Trafficking
Commonly trafficked drugs are marijuana, cocaine, LSD, heroin and hashish. Below you will find charts detailing the types of penalties that these commonly trafficked drugs carry. In addition to the criminal penalties set forth below, a violation that is a 1st, 2nd or 3rd degree felony will have a mandatory fine imposed (up to $20,000) and the person’s driver’s license may be suspended for 6 months – 5 years. The person may, at any time after 2 years from the day in which the offender’s sentence was imposed, file a motion requesting termination of the suspension.
Except as provided below, Marijuana Trafficking is a 5th degree felony and 2929.13(B) applies in determining potential prison sentence. An enhancement to a 4th degree felony applies for committing Marijuana Trafficking near a school or juvenile and 2929.13(B) applies in determining a potential prison sentence.
*If the offense involves a gift of 20 grams or less of marijuana, trafficking is a minor misdemeanor upon a 1st offense and a 3rd degree misdemeanor for subsequent offenses. If committed near a school or juvenile, 3rd degree misdemeanor.
Except as provided below, Cocaine Trafficking is a 5th degree felony and 2929.13(B) applies in a determining potential prison sentence. An enhancement to a 4th degree felony applies for committing Cocaine Trafficking near a school or juvenile and 2929.13(C) applies in determining a potential prison sentence.
LSD Trafficking
Except as provided below, LSD Trafficking is a 5th degree felony and 2929.13(B) applies in a determining potential prison sentence. An enhancement to a 4th degree felony applies for committing LSD Trafficking near a school or juvenile and 2929.13(C) applies in determining a potential prison sentence.
Except as provided below, Heroin Trafficking is a 5th degree felony and 2929.13(B) applies in determining a potential prison term. An enhancement to a 4th degree felony applies for committing Heroin Trafficking near a school or juvenile and 2929.13(C) applies in determining a potential prison sentence.
Hashish Trafficking
Except as provided below, Hashish Trafficking is a 5th degree felony and 2929.13(B) applies in determining a potential prison sentence. An enhancement to a 4th degree felony applies for committing Hashish Trafficking near a school or juvenile and 2929.13(C) applies in determining a potential prison sentence. 
Secondary Consequences for a Drug Trafficking Conviction in Ohio
In addition to criminal penalties, a conviction for drug trafficking can result in significant secondary consequences, including the suspension of the person’s driver’s license for a minimum of 6 months and having any professional licenses (e.g., teaches, lawyers, nurses, etc.) suspended or revoked. Furthermore, the court may order that the person convicted of drug trafficking forfeit all proceeds from the trafficking, including property used in committing drug trafficking.
Moreover, a person convicted of a drug offense will have difficulty securing employment, student loans and other government assistance, and complicate any future child custody actions.
Defense to Drug Trafficking in Ohio
Several defenses exist for drug trafficking in Ohio. These include unlawful search and seizure, lack of Miranda warnings, entrapment by law enforcement, and lack of intent.
The primary defense is lack of intent. Trafficking in marijuana is a specific intent offense that requires knowledge, purpose and action in furtherance of the crime. This requires that at the time of the offense, the prosecution must prove that you had the required criminal intent to commit the offense. Absent this intent, the prosecution will have difficulty proving their case and the charges may be dismissed.
Another common defense is unlawful search and seizure. Law enforcement does not always comply with search and seizure laws, creating an opportunity for you to assert that the police violated your constitutional rights. An unlawful search and seizure could result from a lack of probable cause or search warrant, and from a search warrant that was not properly executed.
Columbus and Delaware, Ohio Drug Trafficking Attorney
If you have been charged with a drug trafficking offense in Columbus or Delaware, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. An experienced and knowledgeable drug trafficking attorney in Columbus and Delaware, Ohio can help you fight the charge and achieve the best possible outcome. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation to discuss your drug trafficking case. For more information, consult Johnson Legal, LLC’s drug crimes blog.
Johnson Legal, LLC serves the following cities in the central Ohio area for drug trafficking:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Pataskala, Franklin County, Morrow County, Licking County, Union County and Delaware County