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Possession with Intent to Distribute

Ohio drug laws are complicated and penalties can vary, depending on the amount of the controlled substance that you possessed at the time of the arrest. With this in mind, you should always consult with a knowledgeable Cincinnati drug attorney who will best be able to provide you with proper counsel regarding the specific facts and circumstances of your case.

Possession with the intent to distribute or sell a drug is a serious criminal offense in Ohio. This charge typically involves a larger amount of a controlled substance, than someone would have for his or her own personal use. Possession with the intent to distribute is an ambiguous charge, as you may not have actually had the intention of selling a controlled substance. Instead, it may be interpreted from the amount of controlled substance that you possessed that you intended to distribute.

Possession with the intent to distribute can be defined according to the Ohio Revised Code (ORC 2925.03) as any individual who knowingly engages in either of the following:

  • Sells or offers to sell a controlled substance;
  • Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when the offender is aware or has a reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person.

Common types of controlled substances that are possessed with the intent to distribute in Ohio include:

  • Marijuana
  • Cocaine
  • LSD
  • Heroin
  • Methamphetamines
  • Hashish
  • Ecstasy

Penalties for Possession with the Intent to Sell or Distribute in Ohio

If you are convicted of possession with the intent to distribute, the penalties that you will face depend upon the amount of controlled substance that you had at the time of the arrest.

If you are convicted of possession with the intent to distribute and the amount of the controlled substance that you possessed is equal to or greater than the bulk amount but is less than five times the bulk amount, you will be charged with aggravated trafficking of drugs. This is considered a third degree felony that entails up to five years in prison and up to $10,000 in fines.

If you are convicted of possession with the intent to distribute and the amount of the controlled substance that you possessed is equal to or greater than the bulk amount but is less than 50 times the bulk amount, you will be charged with a second degree felony. This entails up to eight years in prison and up to $15,000 in fines.

If you are convicted of possession with the intent to distribute and the amount of the controlled substance that you possessed is equal to or greater than 100 times the bulk amount, you will be charged with a first degree felony. This entails up to 10 years in prison and up to $20,000 in fines.

In addition to prison time and hefty fines, a conviction for possession with the intent to distribute will undoubtedly have a negative impact on other areas of your life as well. You may face difficulty keeping or finding a job, furthering your education, managing your finances, maintaining professional licensures and keeping custody of your children.

You will also face a possible driver’s license suspension.

Every day in Ohio, hundreds of individuals are charged with possession of drugs. Although each case is different, it is imperative that you obtain an experienced, knowledgeable and compassionate attorney who will fight for your legal rights and best interest. Cincinnati drug attorney Brad Groene has successfully defended hundreds of individuals charged with possession of controlled substances. Their knowledge, experience and compassion for your case will help you receive the justice you deserve.

Facing Charges? Call a Cincinnati Drug Possession Lawyer Today.

Ohio drug laws are incredibly complex, which is why fighting distribution charges on your own can quickly get you into real trouble. If you are arrested for distribution of amphetamines, your best defense is the help of an experienced Cincinnati drug lawyer. Your Cincinnati drug crime attorney can help create the best defense strategy for your unique case and ensure that you have the best outcome possible.

At Luftman, Heck, and Associates, our Cincinnati drug lawyers have years of experience fighting these kinds of charges, and we are prepared to do everything we can to represent your best interests. With our team headed by Brad Groene on your side, you will have the best chance to fight the charges successfully. We are available for our clients 24/7, so call our offices right now at to set up a free consultation on your case.

Contact us today!