Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with drug trafficking 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 trafficking offense.
Drug Trafficking in Ohio
Pursuant to 2925.03(A), no person shall sell or offer to sell a controlled substance. Moreover, no person shall prepare for shipment, ship, transport, etc. a controlled substance when the person knows or has reason to know that the controlled substance is intended for sale. Both types of actions constitute 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 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, 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.
Drug Trafficking Defenses 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 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 Columbus and Delaware, Ohio drug attorney 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 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