Ohio's First Line of Defense

Drug Possession

Delaware County Drug Possession Lawyer 

Experienced Defense Against Drug Possession Charges in Ohio 

The Law Office of Brian Jones, LLC, is your trusted source for legal representation when facing drug possession charges in Delaware County. Our dedicated team of attorneys understands the complexities and potential consequences of drug possession offenses. With our in-depth knowledge of the local legal landscape and a strong commitment to protecting our client's rights, we are here to provide strategic guidance and vigorous advocacy. As experienced Delaware County drug possession attorneys, we will fight to safeguard your interests and work tirelessly to achieve the best possible outcome for your case. When you need a reliable and skilled advocate, you can rely on The Law Office of Brian Jones, LLC, to confidently navigate the legal process. 


Are you facing drug possession charges in Ohio? Call The Law Office of Brian Jones, LLC today at (740) 883-3400 or contact us online to schedule a meeting with our drug possession attorney in Delaware County!


Ohio Drug Possession Laws

Ohio has specific laws governing drug possession aimed at regulating controlled substances and combating illegal drug activity. Understanding these laws is crucial to avoid potential legal consequences. Here is an overview of drug possession laws in Ohio: 

  • Controlled Substances: Ohio categorizes drugs into different schedules based on their potential for abuse and accepted medical uses. The schedules range from Schedule I, which includes drugs with a high potential for abuse and no accepted medical use, to Schedule V, which includes drugs with a lower potential for abuse and recognized medical value.
  • Possession Offenses: Possession of controlled substances without a valid prescription or legal authorization is illegal. Possession can be either actual, meaning the drugs are physically on your person, or constructive, meaning the drugs are within your control (e.g., in your car or home).
  • Illicit Drugs: Possession of illicit drugs, such as cocaine, heroin, methamphetamine, LSD, or ecstasy, is strictly prohibited under Ohio law. 
  • Prescription Drugs: Possessing prescription drugs without a valid prescription is also unlawful in Ohio. It is essential to have a legitimate prescription from a licensed healthcare professional to possess prescription medications.
  • Drug Paraphernalia: Ohio law also addresses the possession of drug paraphernalia, which refers to items used for manufacturing, packaging, preparing, or consuming drugs. Possessing drug paraphernalia is a separate offense and can result in legal consequences.
  • Exceptions: Ohio's drug possession laws may have certain exceptions or provisions for individuals who possess controlled substances for valid medical purposes, as prescribed by a licensed healthcare professional.

It is crucial to consult with an experienced Delaware County drug possession attorney who can provide personalized advice and guidance based on the specifics of your situation.

What are the Penalties for Drug Possession in Ohio? 

Penalties for drug possession in Ohio can vary depending on several factors, including the type and quantity of the controlled substance involved, prior convictions, and whether the possession is charged as a misdemeanor or felony offense. While I can provide general information, it's important to note that specific penalties can vary based on individual cases and the court's discretion. Here is an overview of potential penalties for drug possession in Ohio:

Misdemeanor Possession

  • Less than 50 grams of marijuana — This is considered a misdemeanor of the first degree and can result in up to 12 months in jail and a $2500 fine

Felony Possession

  • Less than 5 grams of cocaine or cocaine base — This is considered a felony of the fifth degree and can result in up to 12.5 years in prison and a $20,000 fine
  • Less than 5 grams of any other controlled substance — This is considered a felony of the fourth degree and can result in up to 8 years in prison and a $15,000 fine
  • Less than 10 grams of any other controlled substance — This is considered a felony of the third degree and can result in up to 8 years in prison and a $15,000 fine

Additionally, it's important to note that drug possession offenses can also result in collateral consequences, such as the suspension of driving privileges, mandatory drug treatment or rehabilitation programs, probation, community service, and the creation of a criminal record, which can impact various aspects of your life, including employment and housing opportunities.

Defenses to Drug Possession Charges 

Defenses to drug possession charges in Ohio can vary depending on the specific circumstances of each case. It is crucial to consult with an experienced Delaware County drug possession lawyer to determine the most effective defense strategy for your situation. Here are some common defenses that may be used in drug possession cases:

  • Unlawful Search and Seizure: If the evidence against you was obtained through an illegal search and seizure, it may be possible to challenge the admissibility of that evidence in court. The Fourth Amendment protects individuals from unreasonable searches and seizures, and evidence obtained in violation of these rights may be suppressed.
  • Lack of Knowledge: You may argue that you were unaware of the presence of drugs or that they belonged to someone else. Proving that you lacked knowledge and control over the drugs can be a valid defense in certain situations.
  • Valid Prescription: If you possessed a controlled substance with a valid prescription from a licensed healthcare professional, you may have a valid defense against drug possession charges. It is crucial to ensure that the prescription is legitimate and properly obtained.
  • Crime Lab Analysis: The drugs seized as evidence must be properly tested and analyzed by a certified crime lab. Challenging the accuracy or reliability of the testing methods or results may cast doubt on the prosecution's case.
  • Entrapment: If you can demonstrate that law enforcement officers induced or coerced you into committing a drug possession offense that you would not have otherwise committed, you may have a valid entrapment defense.
  • Illegal Stop or Arrest: If law enforcement officers conducted an illegal stop or arrest, any evidence obtained may be subject to suppression. Challenging the legality of the stop or arrest may be a potential defense strategy.
  • Chain of Custody: Ensuring the proper handling and documentation of evidence is crucial in drug possession cases. Disputing the integrity of the chain of custody may raise doubts about the accuracy and reliability of the evidence.

Contact Our Delaware County Drug Possession Attorney Today 

With years of experience fighting drug possession charges in Delaware County, our firm is dedicated to providing you with the support and guidance you need during this challenging time. We understand the overwhelming stress you may be experiencing but rest assured, you don't have to face it alone. Our team at The Law Office of Brian Jones, LLC is here to stand by your side throughout the entire process. Led by Attorney Brian Jones, a seasoned lawyer with over ten years of experience, our criminal defense firm has successfully handled thousands of cases, earning a proven track record of success. Trust in our expertise and commitment to protecting your rights as we work tirelessly to build a strong defense strategy tailored to your unique circumstances.


Contact The Law Office of Brian Jones, LLC today to schedule a FREE consultation with our drug possession lawyer in Delaware County!



 

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