Cincinnati Drug Trafficking Attorneys

Drug trafficking is a serious criminal offense. A conviction for drug trafficking can have severe consequences, tarnishing your reputation and possibly putting you behind bars for years.

If you’re facing drug trafficking charges, you likely feel anxious and uncertain about the future. Due to the complicated nature of Ohio drug laws, you should consult with knowledgeable Cincinnati drug trafficking lawyer. At Luftman, Heck, & Associates, we’ve had considerable success helping people with Cincinnati drug charges.

Let us explain how we can help you in a free consultation.

Drug Trafficking in Cincinnati, Ohio

Drug trafficking is defined according to the Ohio Revised Code (ORC 2925.03) as anyone who knowingly either:

• Sells or offers to sell a controlled substance;
• Prepares for shipment, ships, transports, delivers, distributes, or distributes a controlled substance when they know or have reasonable cause to believe that the controlled substance is intended for sale or resale to someone else.

Controlled substances involved in drug trafficking charges are typically classified as Schedule III, IV, or V drugs.

Aggravated Drug Trafficking

Aggravated drug trafficking has the same definition of drug trafficking, but the substance involves Schedule I or II drugs (except marijuana). In Ohio, aggravated drug trafficking is a more serious offense than drug trafficking alone.

How are Drugs Classified in Ohio?

Drug trafficking charges can involve all kinds of drugs such as illegal substances, prescription medications, chemicals, and naturally occurring substances. There are different classes, or “schedules” for drugs. Schedules are based on multiple factors, such as the drug’s potential for dependence and whether it has any medical use.

The following is a non-exhaustive list of drugs that can be involved in drug trafficking and aggravated drug trafficking offenses:

Schedule I Drugs

Schedule I substances in Ohio (ORC 4729:9-1-01) have a high risk of addiction and are not recognized federally for medicinal use. They include:

• Heroin
• Marijuana
• Lysergic acid diethylamide (LSD)
• 3,4-MDMA (ecstasy)
• Peyote

Schedule II Drugs

Schedule II drugs in Ohio (ORC 4729:9-1-02) have a high risk for abuse, addiction and dependency but have limited recognized medical uses. These include:

• Cocaine
• GHB
• Opium
• Methadone
• Codeine
• Oxycodone
• Methamphetamines
• Phencyclidine (PCP)
• Dronabinol (Delta 9 THC)

Schedule III Drugs

Schedule III drugs have a moderate risk of abuse, addiction and dependency, but also are accepted for medical purposes. Examples include:

• Anabolic steroids
• Hydrocodone
• Ketamine
• Barbituric acid

Schedule IV Drugs

Schedule IV drugs have a slight risk of dependency and have known, acceptable medical uses. They include:

• Xanax
• Valium
• Clonazepam

Schedule V Drugs

Schedule V drugs have a low risk of addiction, abuse, or dependency. They are commonly used for medical purposes. Schedule V drugs include some stimulants and medications with small amounts of narcotics, such as:

• Cough medicine with less than 200mg of codeine per 100ml
• Lomotil
• Lyrica

Drug Trafficking Penalties

If you are convicted of drug trafficking, the penalties you face depend on the amount of controlled substance possessed, the drug schedule, and whether the offense occurred near a school or the sale was made to a minor.

The amount of a substance is compared to its “bulk amount.” Exact bulk amounts are outlined in ORC 2925.01 by type of substance.

Fifth-Degree Felony

If you are convicted of drug trafficking and the controlled substance is less than the bulk amount, you will most likely be charged with a fifth-degree felony. This entails at least six months and at most one year in prison and fines up to $2,500.

Fourth-Degree Felony

You can be charged with a fourth-degree felony if you are convicted of drug trafficking and either of the following applies:

• The controlled substance is less than the bulk amount and the offense was made to a minor or near a school
• The controlled substance is at or above the bulk amount, but less than five times the bulk amount

A fourth-degree felony in Ohio entails at least six months and up to 18 months in prison, in addition to a maximum of $5,000 in fines.

Third-Degree Felony

You can be charged with a third-degree felony if you are convicted of drug trafficking and either of the following applies:

• The controlled substance is equal to or greater than the bulk amount, but less than five times the bulk amount, AND the offense occurred near a school or was made to a minor
• The controlled substance is equal to five times the bulk amount, but is less than 50 times the bulk amount. A third-degree felony entails a minimum of one year, up to five years in prison, and fines up to $10,000.
  

  Second-Degree Felony

  You can be charged with a second-degree felony if you are convicted of drug trafficking and the controlled substance is either:

  • Equal to five times the bulk amount but less than 50 times the bulk amount, and the offense occurred near a school or was made to a minor
  • Equal to or greater than 50 times the bulk amount

  A second-degree felony entails at a minimum of two years and a maximum of eight years in prison, as well as fines of up to $15,000.

  First-Degree Felony

  If you are convicted of drug trafficking and the controlled substance is equal to or greater than 50 times the bulk amount and the offense also occurred near a school or was made to a minor, then you will be charged with a first-degree felony. This entails a minimum of three years, up to 10 years in prison, and up to $20,000 in fines.

  Aggravated Drug Trafficking Penalties

  The charge of aggravated drug trafficking typically applies to schedule I and II substances, with the exception of marijuana.

  Similar to drug trafficking, if convicted of aggravated drug trafficking, you will face penalties based on the amount of controlled substance you allegedly possessed, the schedule or type of substance, and whether the offense occurred near a school or the sale was made to a minor.

  Charges and penalties for aggravated drug trafficking in Ohio include:

  Fourth-Degree Felony

  If you are convicted of aggravated drug trafficking and the amount of the controlled substance is less than the bulk amount, you will most likely be charged with a fourth-degree felony. This entails at least six and up to a maximum of 18 months in prison in addition to up to $5,000 in fines.

  Third-Degree Felony

  It is a third-degree felony if you are convicted of aggravated drug trafficking and:

  • The controlled substance is less than the bulk amount and the offense took place near a school or was made to a minor
  • The amount of the controlled substance is equal to the bulk amount, but less than five times the bulk amount

  In Ohio, a third-degree felony involves a minimum of one year and up to five years in prison in addition to fines of up to $10,000.

  Second-Degree Felony

  You can be charged with a second-degree felony if you are convicted of aggravated drug trafficking and the controlled substance is either:

  • Equal to the bulk amount but less than five times the bulk amount, and the offense took place near a school or was made to a minor
  • Equal to five times the bulk amount but less than 50 times the bulk amount

  A second-degree felony conviction entails a minimum of two years and a maximum of eight years in prison in addition to fines up to $15,000.

  First-Degree Felony

  You can be charged with a first-degree felony in Ohio if you are convicted of aggravated drug trafficking and either of the following apply:

  • The controlled substance is equal to five times the bulk amount but less than 50 times the bulk amount and also took place near a school or the sale was made to a minor
  • The controlled substance is equal to or is greater than 50 times the bulk amount and less than 100 times the bulk amount
  • The controlled substance is equal to or greater than 100 times the bulk amount

  If charged with a first-degree felony for aggravated drug trafficking, you will be considered a major drug offender and face a minimum of three years, up to 10 years in prison, and up to $20,000 in fines.

  Other Consequences of Drug Trafficking and Aggravated Drug Trafficking in Ohio

  In addition to prison time and hefty fines, a drug trafficking conviction will have a negative impact on other areas of your life as well. You may face difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and having custody of your children.

  If you are also convicted of felony drug possession, you will also face a possible driver’s license suspension.

  Defenses Against Drug Trafficking

  Regardless of what the facts and circumstances of your case are, there are defenses that can be raised on your behalf. The Cincinnati drug trafficking lawyers at LHA will take the time to examine what legal strategies are most appropriate in defending your case.

  Perhaps the drugs were not yours, or someone placed them in your belongings without your consent or knowledge. Maybe there is another reason why you were trafficking drugs. For example, you might have a substance abuse problem or are going through a difficult period in your life. Regardless of what happened in your case, there are ways of mitigating these factors and potentially receiving a lesser sentence.

  Here is a list of factors we will consider when building your defense and determining whether there were any errors made in your case:

  • Whether there were any search warrants issued without probable cause;
  • Whether an illegal search was conducted;
  • Whether your Fourth Amendment rights were violated;
  • Whether illegal forms of surveillance were involved;
  • Whether your Miranda Rights were read in their entirety;
  • Whether any evidence was illegally obtained;
  • Whether lab results and analysis were handled properly.

  Possible Outcomes & Sentence Reductions

  If you are facing your first conviction for drug trafficking in Ohio, the court may be more lenient with your sentence. A clean criminal record can undoubtedly work to your advantage if you are convicted. The Cincinnati drug trafficking lawyers will do everything in their power to argue for reducing your charges and minimizing your penalties.

  Attorney Brad Groene with LHA has successfully defended hundreds of individuals charged with drug trafficking in Ohio. His knowledge, experience, and compassion for your case can help you receive the justice you deserve. Trust Brad to fight for your legal rights and best interest if you find yourself facing serious drug charges in Cincinnati.

  Contact Our Cincinnati Drug Trafficking Lawyers.

  Ohio drug laws are incredibly complex, which is why fighting drug trafficking charges on your own can quickly get you into deep trouble. If you are arrested for distribution of illegal substances, seek out the help of an experienced defense lawyer.

  At Luftman, Heck, & Associates, our attorneys have years of experience fighting these kinds of charges, and we are prepared to do everything we can to represent your best interests. LHA is available 24/7. Call (513) 338-1890 to set up a free consultation on your case.