Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with illegal drug manufacture or cultivation in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense 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 illegal drug manufacture charge.
Illegal Drug Manufacture in Ohio
Pursuant to 2925.04(A), no person shall knowingly manufacture or engage in any part of the production of a controlled substance. To do so constitutes the illegal manufacture of drugs.
Drug manufacturing or cultivation involves growing or producing illegal drugs for the purpose of distribution or sale. Commonly manufactured drugs include marijuana, methamphetamine, cocaine and heroin. Illegal drug manufacture charges can result in severe penalties, including mandatory prison sentences, significant fines, and loss of driver’s license.
In addition to the criminal penalties set forth below, if a violation of 2925.04(A) is a 1st, 2nd or 3rd degree felony, the court shall impose a fine (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.
Pursuant to 2925.04(A), no person shall knowingly cultivate marijuana.
In addition to the criminal penalties set forth below, if a violation of 2925.04(A) is a 2nd or 3rd degree felony, the court shall impose the mandatory fine under (up to $15,000) 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 otherwise provided, illegal cultivation of marijuana is a minor misdemeanor or, if committed near a school or juvenile, a 4th degree misdemeanor.
Pursuant to 2925.04(F), it is an affirmative defense, as provided under 2901.05, to a charge of 5th degree felony illegal cultivation of marijuana that the marijuana that gave rise to the charge is in an amount, is in a form, is prepared or mixed with substances that are not controlled substances in a manner, or is possessed or cultivated under circumstances that indicate that the marijuana was solely for personal use. If the burden is met by the defendant, the defendant can still be prosecuted for misdemeanor violation of illegal cultivation of marijuana.
Pursuant to 2925.04(G), an arrest or conviction for a minor misdemeanor violation does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to inquiries about the person’s criminal record.
Probable Cause Requirement
For grow operations that are conducted indoors, law enforcement will be required to demonstrate probable cause before securing a warrant. Probable cause can often be gained by the police detecting the odor of marijuana and electric bill monitoring (i.e., high kilowatt usage). The combination of the two is generally enough to secure a warrant to search the premises.
In addition to odors and electric bills, if the police search your trash after it has been left outside, probable cause may be found and a warrant will be issued. There is no reasonable expectation of privacy once you put your trash outside.
Another method of obtaining probable cause is through the statements of a neighbor who suspects that a grow is being conducted in your house or through an accomplice who seeks to reduce his or her sentence.
Defense to Illegal Manufacture of Drugs in Ohio
The primary defense would be unlawful search and seizure. Law enforcement do 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.
Columbus and Delaware, Ohio Drug Attorney
If you have been charged with an illegal drug manufacture offense 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 illegal drug manufacture 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 Illegal Drug Manufacture:
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