Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with drug possession in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio drug attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your drug possession charge.
Drug Possession in Ohio
Pursuant to 2925.11(A), no person shall knowingly obtain, possess or use a controlled substance or analog. Drug possession offenses in Ohio can have very serious consequences, including prison sentences, fines and significant negative effects on future educational and employment opportunities.
A person must have actual or constructive possession of a controlled substance in order to be charged with drug possession in Ohio. Actual possession is having physical control of the controlled substance on your person or in your possession. For example, if the controlled substance is in your pocket, you are in actual possession of a controlled substance. Constructive possession requires 3 elements:
- The person was aware that the substance was in the vicinity;
- They must know that the substance is illegal; and
- The controlled substance must be close enough to actually possess or was in close proximity to the person.
In addition to the criminal penalties set forth below for drug possession, 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 will 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, possession of marijuana is a minor misdemeanor, which carries a maximum $150 fine and no jail.
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Except as provided below, possession of cocaine is a 5th degree felony and 2929.13(B) determines the prison term.
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LSD Possession
Except as provided below, possession of LSD is a 5th degree felony and 2929.13(B) determines prison term.
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*Unit dose means an amount of a compound, mixture or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount to be administered to or taken by an individual.
Except as provided below, possession of heroin is a 5th degree felony and 2929.13(B) determines the prison term.
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*Unit dose means an amount of a compound, mixture or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount to be administered to or taken by an individual.
Hashish Possession
Except as provided below, possession of hashish is a minor misdemeanor.
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Pursuant to 2925.11(F), it is an affirmative defense as provided in 2901.05 to a charge of 4th degree felony under this section that the controlled substance that gave rise to the charge is in an amount, in a form, or is possessed under circumstances that indicate the substance was possessed solely for personal use. If the offender sustains the burden of evidence, the accused may be prosecuted for a misdemeanor violation of possession of a Schedule III, IV or V drug, or a 5th degree felony for possession of Cocaine, LSD or Heroin.
Schedule I or II Possession, Except Marijuana, Cocaine, LSD, Heroin, and Hashish
Except as provided below, aggravated drug possession is a 5th degree felony and 2929.13(B) determines the prison term.
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*Bulk amount is set forth in 2925.01(D).
Schedule III, IV or V Possession
Except as provided below, drug possession is a 1st degree misdemeanor or, if previously convicted of a drug abuse offense, a 5th degree felony.
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*Bulk amount is set forth in 2925.01(D).
Drug Possession Defenses in Ohio
Several defenses exist for drug possession, including unlawful search and seizure, lack of Miranda warnings, entrapment by law enforcement, mistaken identity and lack of possession.
The primary defense would be lack of possession. A person must have actual or constructive possession of a controlled substance in order to be charged with drug possession in Ohio. Actual possession is having physical control of the controlled substance on your person or in your possession. For example, if the controlled substance is in your pocket, you are in actual possession of a controlled substance. Constructive possession exists when an individual knowingly exercises dominion and control over an object, even though that object may not be within the individual’s immediate physical possession.
A second prominent 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.
In the event that an unlawful search and seizure took place, your attorney can file a motion to suppress the evidence. If granted, the evidence obtained in violation of your constitutional rights will be excluded from the prosecution’s case and the charges may be dismissed.
If you were charged with drug possession and the arresting officer failed to administer Miranda warnings, anything you said to the police officer will not be admissible in court.
Columbus and Delaware, Ohio Drug Attorney
If you have been charged with drug possession in Columbus or Delaware, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. An experienced and knowledgeable drug attorney in Columbus and Delaware, Ohio can help you fight the charge and achieve the best possible outcome. Contact Attorney David Johnson at (614) 987-0192 or send an email to schedule a consultation to discuss your drug possession case. For further information, consult Johnson Legal, LLC’s drug crimes blog.
Johnson Legal, LLC serves the following cities in the central Ohio area for drug possession:
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