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Drug Charge Lawyer in Cincinnati, OH
Don't let a drug charge define your life. Call (513) 338-1890to schedule a free consultation with LHA.
No matter what was “found” or allegedly in your possession, there’s a lot an experienced Cincinnati drug crime defense attorney can do to help. Talk to lawyer Brad Groene today and don’t make a statement or answer questions without your drug lawyer.
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Lawyer for Cincinnati Drug Charges
Ohio drug charges can have serious and long-lasting consequences, including hefty fines, jail or prison time, and a permanent criminal record that can follow you for life. A conviction for drug possession, trafficking, manufacturing, or any other controlled substance offense can impact your ability to get a job, rent an apartment, secure professional licenses, or receive financial aid. But you don’t have to face Hamilton County drug charges alone or accept the worst-case scenario.
With the right Cincinnati drug crime lawyer on your side, you may be able to get the charges reduced, have evidence suppressed, negotiate entry into treatment or diversion, or even have your case dismissed entirely. The earlier you involve an experienced criminal defense attorney, the better your chances of protecting your record and your future.
The Cincinnati drug crime lawyers at Luftman, Heck & Associates offer the experienced, strategic legal defense you need to address drug charges effectively in Hamilton County and throughout Southwest Ohio. We know how local judges and prosecutors approach drug cases, from simple possession to complex trafficking investigations. Contact attorney Brad Groene and LHA at (513) 338-1890 for a free consultation, available 24/7, with a Cincinnati drug defense attorney.
Ohio’s Controlled Substance Schedules
Ohio categorizes illegal and prescription substances into five “schedules,” which are largely based on a drug’s potential for abuse and whether it has any accepted medical use. Where the drug in your case falls within these schedules helps determine the level of the offense, the potential penalties, and whether your charge is a misdemeanor or felony.
Schedule I Controlled Substances
These drugs have the highest potential for abuse and no accepted medical purpose under federal law. Schedule I substances are treated extremely harshly in Ohio courts. They include MDMA, Ecstasy, heroin, LSD, PCP, and psilocybin. Even relatively small amounts can lead to felony charges.
Schedule II Controlled Substances
These drugs have a high potential for abuse but have limited accepted medical purposes. They include Adderall, cocaine, codeine, GHB, hydrocodone, methadone, methamphetamines, morphine, opium, oxycodone, and oxymorphone. Many prescription medications fall into this category, and unlawful possession, forgery of prescriptions, or “doctor shopping” can result in serious criminal charges.
Schedule III Controlled Substances
These drugs have a lower potential for abuse than Schedule I or II substances and may have accepted medical purposes. They include anabolic steroids, ketamine, and testosterone. While sometimes treated less severely, Schedule III offenses can still be charged as felonies depending on the amount involved and whether there is alleged intent to distribute.
Schedule IV Controlled Substances
These drugs have a lower potential for abuse than Schedule III substances and accepted medical uses. They include Xanax, barbital, diazepam, and Ambien. Unauthorized possession, sharing, or selling these medications can still lead to criminal charges, especially when combined with other offenses like OVI or illegal possession of drug paraphernalia.
Schedule V Controlled Substances
These drugs have the least potential for abuse among controlled substances and many accepted medical uses. They often include drugs with small amounts of codeine or other controlled ingredients. While Schedule V offenses may be treated more leniently than higher schedules, they can still result in criminal penalties and a damaging record if not handled properly by a Cincinnati drug attorney.
Selling Drugs in Cincinnati
In Ohio, it is illegal to sell, distribute, or offer to sell any controlled substance unless you are properly licensed and selling to individuals with valid prescriptions. Controlled dangerous substances (CDS) include illegal drugs, such as cocaine or meth, as well as prescription drugs that are being sold or transferred without authorization.
The penalties for sale of a controlled substance depend on the amount and type of drug involved, and whether the sale allegedly occurred near a school, juvenile, or other protected area. If you are found selling (or possessing for sale) less than the bulk amount, you will receive a lesser penalty. If you sell the bulk amount or more, you face much harsher punishments. Once you are alleged to have five, ten, or 100 times the bulk amount, you will be sentenced much more harshly and may even face elevated drug trafficking charges with “major drug offender” specifications.
That doesn’t mean you should take charges less seriously if you were arrested for selling less than the bulk amount of a CDS, though. Even a small amount of a Schedule I or II drug can lead to fourth-degree felony charges, which can be punished by a fine of up to $5,000 and at least six months in jail or up to 18 months in prison. The most dangerous drugs or large amounts can lead to first-degree felony charges, which can result in fines of up to $20,000 and up to 11 years in prison.
A Cincinnati drug crime lawyer can examine the evidence, challenge how the drugs were weighed or tested, and argue for reduced charges or alternative sentencing where appropriate.
Common Drug Charges in Cincinnati, Ohio
There are several types of drug crimes in Ohio, and each can lead to different penalties depending on the facts of the case, the substance involved, and your prior record. Below is a list of common offenses that our Cincinnati drug defense attorneys handle and what’s usually involved.
Drug Possession
Drug possession arrests are extremely common in Cincinnati, but the penalties can be severe. Ohio Revised Code (ORC) 2925.11 covers illegal drugs, controlled substance analogs, and prescription meds, along with their potential punishments. Keep in mind you can face felony charges for some Schedule I or II drugs even if you didn’t allegedly have a bulk amount. A Cincinnati drug possession lawyer can often challenge the stop, search, and testing used to support these charges.
Possession with the Intent to Sell / Distribute
If there is evidence you possessed drugs and intended to sell or distribute them, you can be charged with possession with the intent to distribute. Typically, police or federal agents determine “intent to distribute” based on larger than typical quantities of a drug, packaging materials, scales, cash, or communications suggesting sales. A Cincinnati drug crime lawyer can argue that the drugs were for personal use or that the items seized do not prove an intent to sell.
Drug Manufacturing
Drug manufacturing is a broad felony offense encompassing growing marijuana, cooking meth, producing synthetic drugs, and more. The penalties are steep and often include years in prison, expensive fines, a driver’s license suspension, and other long-term consequences. A Cincinnati drug manufacturing lawyer can explore defenses related to search warrants, lab testing, and whether you actually had control over the location or equipment.
Drug Trafficking
It’s illegal to distribute or transport drugs across state lines or within Ohio. The degree of a drug trafficking charge depends heavily on the amount and type of drugs in question, as well as proximity to schools or juveniles. It can be a misdemeanor charge or a serious felony charge. Drug trafficking cases often involve wiretaps, confidential informants, or controlled buys. Having an experienced Cincinnati drug trafficking attorney is crucial when facing these complex allegations.
Possession of Marijuana
Adults 21 and older can legally purchase and possess cannabis for recreational use in Ohio within specific limits. Cultivation is also allowed within set plant counts, but public consumption remains illegal. Marijuana also remains prohibited under federal law, and driving under the influence of marijuana or engaging in unlicensed sales can still lead to criminal charges. A Cincinnati marijuana attorney can help you navigate how Ohio’s evolving cannabis laws apply to your situation.
Trafficking Marijuana
The selling, shipping, or delivering of unregulated marijuana is illegal despite it being legal for recreational use in Ohio. To convict you, the prosecution must prove you knowingly possessed marijuana with the intent to sell or distribute it outside of the regulated system. Penalties depend on the quantity, where the trafficking occurred, and any prior record.
Illegal Cultivation & Growing of Marijuana
Adults 21 and older can legally grow up to 6 marijuana plants per person (12 per household), but there are strict limits and rules. Growing marijuana outside of these guidelines—for example, operating a large-scale grow or cultivating in prohibited locations—can still be charged as a misdemeanor or a felony, depending on the amount and circumstances.
Illegal Possession of Chemicals
Ohio revised its drug laws in 2002 to address illegal possession of chemicals and curb meth manufacturing. Possession of more than the legally specified amounts of certain precursor chemicals raises a red flag for law enforcement and can result in investigations or charges even before any finished drugs are found. An attorney can challenge whether the chemicals were actually possessed for illegal purposes.
Possession of Drug Paraphernalia
You don’t have to possess drugs to be charged with possession of drug paraphernalia. However, these charges are often brought at the same time as possession or trafficking. Paraphernalia can include bongs, syringes, scales, measuring instruments, certain types of containers, and much more. A Cincinnati drug lawyer can often argue that these items had legitimate purposes or that they were not actually in your control.
Penalties for Cincinnati Drug Offenses
Once you know the level of drug charge you’re facing, you can consider the potential penalties under Ohio law. Keep in mind that you may face a harsher sentence if there are aggravating factors, such as being in a school zone, having a weapon at the time of the offense, or having prior convictions on your record.
- Minor Misdemeanor: Fine of up to $150
- Fourth-Degree Misdemeanor: Up to 30 days in jail and a fine of up to $250
- Third-Degree Misdemeanor: Up to 60 days in jail and a fine of up to $500
- Second-Degree Misdemeanor: Up to 90 days in jail and a fine of up to $750
- First-Degree Misdemeanor: Up to 180 days in jail and a fine of up to $1,000
- Fifth-Degree Felony: Up to 12 months in prison and a fine of up to $2,500
- Fourth-Degree Felony: Up to 18 months in prison and a fine of up to $5,000
- Third-Degree Felony: Up to five years in prison and a fine of up to $10,000
- Second-Degree Felony: Up to eight years in prison and a fine of up to $15,000
- First-Degree Felony: Up to 11 years in prison and a fine of up to $20,000
These are only the potential terms of incarceration and fines. You also could be sentenced to probation, mandatory drug treatment, community service, and a driver’s license suspension. A Cincinnati drug crime lawyer can help you pursue alternative sentencing, treatment-based options, or other resolutions that reduce your exposure to jail or prison time.
Does Ohio Impose Driver License Suspensions for Drug Crimes?
Historically, Ohio law imposed mandatory driver’s license suspensions for many drug convictions—even when the offense had nothing to do with driving. These automatic suspensions often made it harder for people to find or keep employment, pushing some toward repeat offenses or deeper legal trouble.
That changed with Senate Bill 204, which became effective on September 13, 2016. Under the revised law:
- Driver’s license suspensions are no longer mandatory for most drug offenses that do not involve a vehicle
- Judges may still impose a suspension, but now they have discretion
- Individuals with prior license suspensions under the old rules can petition the court to have them lifted if their offense did not involve a vehicle
This law affects a wide range of drug offenses—from possession of marijuana or paraphernalia to trafficking and distribution of Schedule I or II drugs. A Cincinnati drug lawyer can review your case to determine whether a suspension is likely and whether any prior suspension might be lifted.
Defenses Against Drug Charges in Ohio
A criminal charge is a long way from a conviction, which is why you can and should fight drug charges in Hamilton County. Mistakes are made in drug investigations every day, and the best-case scenario is getting the charges dismissed before trial.
Even if dismissal is not possible, an experienced Cincinnati drug defense lawyer can often secure reduced or more appropriate charges, negotiate treatment instead of jail, or argue for diversion or specialty court programs. In some cases, it’s possible to avoid a conviction entirely if you successfully complete a diversion program.
- Challenge the Search / Probable Cause
- Refute the Amount in Question or the Lab Results
- Highlight Flaws in the Investigation or Chain of Custody
- Demonstrate the Evidence is Faulty, Contaminated, or Inadmissible
- Argue that the Drugs Were Never in Your Possession or Control
- Raise Entrapment or Misconduct Defenses Where Appropriate
To take full advantage of your options in a drug case, contact a Cincinnati drug attorney at Luftman, Heck & Associates. We’ll help you navigate the drug court process. We know that appearing in court is intimidating, but we’ll do the talking, protect your rights, and work toward the best possible outcome.
Frequently Asked Drug Crime Questions
Here are some of the most common questions people ask our Cincinnati drug crime lawyers about Ohio drug charges and what to expect.
What Are the Penalties for Drug Possession in Ohio?
The penalties for drug possession in Ohio depend on the type and amount of the drug involved, as well as your prior record. For small amounts of marijuana, it may be a minor misdemeanor with fines only, while possession of larger amounts or harder drugs like cocaine or heroin can result in felony charges, significant jail or prison time, and hefty fines. A Cincinnati drug crime lawyer can work to reduce the charge level and sentencing range you face.
Can I Be Charged with a Felony for Drug Possession?
Yes. In Ohio, drug possession can be charged as a felony if you’re caught with larger quantities or certain controlled substances like cocaine, heroin, methamphetamine, or fentanyl, or if there are prior convictions or aggravating factors. Felony drug charges carry more severe penalties, including prison, probation, and long-term consequences for your criminal record and future opportunities.
What Are the Penalties for Fentanyl Charges in Cincinnati, Ohio?
Fentanyl charges in Cincinnati are prosecuted aggressively under Ohio’s drug laws and the penalties vary based on the amount involved and whether the case involves possession, trafficking, or distribution. Even relatively small amounts can be charged as a felony, and larger quantities or trafficking allegations may expose you to lengthy prison terms and substantial fines. Anyone facing fentanyl charges in Hamilton County should consult a local criminal defense attorney immediately to protect their rights and explore possible defenses.
What Should I Do If I Was Arrested for Drug Possession?
If you are arrested for drug possession, remain calm, do not argue with police, and avoid making statements or consent to searches beyond what is required. Ask to speak with a criminal defense attorney as soon as possible. A Cincinnati drug lawyer can review the facts, advise you on what to say or not say, and begin building a defense strategy right away.
What Is Ohio’s Good Samaritan Law?
Ohio’s Good Samaritan Law provides limited immunity from prosecution for minor drug possession when you seek emergency medical assistance for someone experiencing a drug overdose or for yourself in an overdose situation. The law is designed to encourage people to call 911 without fear of immediate possession charges, but it has restrictions and does not apply in every situation. An attorney can explain whether it may protect you in your specific case.
Can a Drug Charge Affect My Employment?
Yes. A drug conviction can seriously affect your employment opportunities, especially if it involves a felony or repeated offenses. A conviction may show up in background checks, potentially limiting your ability to obtain jobs, professional licenses, or housing. Seeking expungement or record sealing with a lawyer’s help can sometimes reduce the long-term impact on your career.
Can You Get Drug Charges Dismissed in Cincinnati?
When you’re facing drug charges in Hamilton County, your first question is often, “How do I beat the charges?” By calling a Cincinnati drug lawyer as soon as possible, you stand a much better chance. When the evidence is weak, obtained illegally, or inconsistent, there may be strong arguments for getting drug charges dismissed.
By working with an experienced drug defense attorney early, you have someone to investigate your case and carefully review the evidence. That is how you assess your best option, whether that’s to pursue a dismissal, accept a plea, or fight for an acquittal.
Read some tips on how our drug charge lawyers work to get criminal charges dismissed.
How is Evidence Suppressed in Cincinnati Drug Cases?
We thoroughly review how law enforcement agents or officers obtained evidence against you. You may have been stopped in public, pulled over while driving, or investigated over time before officers obtained a search or arrest warrant.
Whatever the circumstances, we review whether officers or agents violated any of your rights in obtaining the evidence. If we find an officer violated your rights during a stop, arrest, or investigation, we’ll move to have that evidence suppressed. By limiting the evidence the prosecution has against you, we weaken their case and strengthen your defense.
Am I Eligible for Drug Court?
If you’re charged with a fourth- or fifth-degree felony drug crime, your case may be eligible for Cincinnati’s Drug Court, which provides specialized treatment and supervision. The Drug Court is part of the Hamilton County Court of Common Pleas. It was the first drug court in Ohio and remains the only full-time drug court in the state.
The purpose of Drug Court is to get you the treatment you need to get better. You may be eligible if, in addition to a felony 4 or 5 level offense, you also have no felony convictions for violence and no history of drug trafficking. Other factors can exclude you, too, such as a previous sex crime conviction or a previous offense involving a weapon.
Can I Expunge a Drug Charge in Ohio?
A drug conviction can make life hard long after you complete your sentence; however, there’s still hope. You may be able to wipe it from your record through record sealing or expungement. You may be eligible to have a previous drug conviction expunged after a waiting period:
- Misdemeanors: One year
- One Felony: Three years
- Two Felonies: Four years
- Three, Four, or Five Felonies: Five years
Other eligibility requirements are complicated. For example, any felony conviction usually must be non-violent, not involve a sex crime, and not involve a minor.
You also can have your record expunged if you weren’t convicted. If your charges were dismissed or you were acquitted, there’s still a record of the case. You should talk with a lawyer about getting that record expunged as soon as possible.
Will I Go to Jail for a First-Time Drug Offense in Cincinnati?
Not necessarily. While jail or prison is possible for many drug offenses, especially felonies or cases involving serious drugs or large amounts, first-time offenders may qualify for diversion, treatment programs, community control, or reduced charges. A Cincinnati drug crime lawyer can advocate for alternatives to incarceration and present mitigating factors on your behalf.
What If the Drugs Were in Someone Else’s Car or House?
Just because drugs are found near you, in a shared vehicle, or in someone else’s home does not automatically mean you are guilty of possession. The prosecution must prove you knowingly possessed or had control over the drugs. A defense attorney can argue that you had no knowledge or control, especially in roommate, passenger, or visitor situations.
Do I Need a Local Cincinnati Drug Crime Lawyer?
Working with a local Cincinnati drug crime lawyer is highly beneficial. A local attorney understands Hamilton County courts, judges, prosecutors, and diversion programs and knows how drug cases are typically handled. This local insight can help you negotiate better plea offers, pursue treatment options, and build a defense strategy that aligns with how drug charges are prosecuted in Cincinnati.
Call Our Cincinnati Drug Crime Lawyers Today
Whether this is your first time facing a drug charge or you’ve dealt with the courts before, you need to build a strong, strategic defense. That starts with working with an experienced Cincinnati drug lawyer as soon as possible after an arrest or investigation.
Attorney Brad Groene and the entire team at Luftman, Heck, & Associates have a proven successful track record in drug cases and are ready to get behind you. The decision to work with a lawyer early and address Cincinnati drug charges head-on may make the difference in your ability to put this case behind you and move forward with your life.
Call LHA at (513) 338-1890 or email advice@cincinnaticriminalattorney.com to schedule a 100% free consultation with a Cincinnati drug crime defense lawyer.
More About Cincinnati Drug Charges in Ohio:
- Were You Charged with a Drug Crime After a Cincinnati Traffic Stop?
- How to Handle a Cincinnati Marijuana OVI
- 7 Ways to Improve Your Drug Case
- Heroin & Child Endangerment
- Can I Be Arrested For My Roommate’s Drugs?
- 5 Most Common Misconceptions About Drug Cases
- Difference Between Possession Charges vs. Intent to Sell Charges
