Cincinnati Felony Drug Possession Lawyers

Despite recent laws being more lenient on smaller amounts of controlled substances, felony drug crimes in Cincinnati are still among the highest-level offenses, with huge fines and prison sentences. Facing felony drug charges would frighten anyone. But fortunately, a Cincinnati drug crime lawyer with experience and success in felony drug cases can help.

Felony Drug Possession Attorneys in Cincinnati, OH

Attorney Brad Groene of Luftman, Heck & Associates brings local insight, courtroom experience, and client-focused advocacy to complex drug cases. His professional memberships and recognitions include:

• National Trial Lawyers Association Member
• NORML Member
• 10 Best Attorneys – American Institute of Criminal Law Attorneys (2017)
• Top 10 under 40 – National Academy of Criminal Defense Attorneys (2016)
• Premier 100 – National Academy of Jurisprudence (2016)
• 10 Best for Client Satisfaction – American Institute of Criminal Law Attorneys (2016)

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Felony Drug Possession in Cincinnati

Drug possession is prosecuted under Ohio Revised Code § 2925.11.

Depending on the substance and amount, possession can be charged as a felony. Schedule I–II substances and bulk-amount thresholds often trigger felony levels, and Hamilton County prosecutors pursue these cases aggressively.

Read When Do Cincinnati Drug Charges Become Felonies?

Automatic Felony Drug Possession in Ohio

Possession of the following controlled substances commonly results in a felony charge under Ohio law:

• Morphine
• Opium
• Acetylmethadol
• Oxycodone
• Hydroxypethidine (Bemidone)
• Morpheridine
• Fentanyl
• Codeine
• Propiram

Controlled Substance Exceptions (by Amount)

Some frequently charged drugs become felonies at specified amounts:

• Hashish
• Cocaine
• Marijuana
• LSD
• Heroin

Felony Drug Possession by Amount

Ohio ties felony levels to “bulk amount” definitions (see ORC 2925.01). Below are typical ranges used by courts in Cincinnati and throughout Hamilton County:

Constructive vs. Actual Drug Possession

Actual possession means drugs are on your person or in an item you control (e.g., pocket, backpack). Constructive possession applies when drugs aren’t on you but are in a place you allegedly control (shared car, residence, storage). Prosecutors must prove knowledge and the ability to exercise control—points we often challenge through facts, access, and credible alternative explanations.

Aggravated Drug Possession

When the offense involves a Schedule I or II substance, mixture, or compound, aggravated possession may apply. While often a fifth-degree felony, higher bulk thresholds escalate to F3, F2, or F1. Quantities ≥100x bulk can trigger major drug offender specifications with severe penalties.

Felony Drug Possession Penalties

Penalties depend on the schedule, amount, and specs. Generally, Ohio felonies carry the following maximums:

• Felony of the 5th Degree – Up to 12 months in prison & $2,500 fine
• Felony of the 4th Degree – Up to 18 months in prison & $5,000 fine
• Felony of the 3rd Degree – Up to 5 years in prison & $10,000 fine
• Felony of the 2nd Degree – Up to 8 years in prison & $15,000 fine
• Felony of the 1st Degree – Up to 11 years (sometimes mandatory) & $20,000 fine

Collateral Consequences in Cincinnati & Hamilton County

• Driver’s license suspension and insurance issues
• Loss of firearm rights and immigration complications
• Employment, housing, and licensing barriers
• Child custody and family court consequences

Ask about minimizing collateral consequences after a felony drug charge

Hamilton County Process & Local Context

Felony possession cases usually begin with arrest, booking at the Hamilton County Justice Center, and arraignment in the Hamilton County Court of Common Pleas (1000 Main St., Cincinnati). From there, we push for discovery, file motions to suppress unlawful searches/seizures, contest lab procedures, and negotiate from a position of strength—always preparing to try the case if needed.

Request a same-day consultation with a Cincinnati felony drug lawyer

Defense Options for Felony Drug Possession

Every case is fact-sensitive. We leverage procedural and scientific defenses to weaken or defeat the state’s proof:

• Illegal Search & Seizure: Lack of warrant, no probable cause, invalid consent, traffic stop pretext issues.
• Constructive Possession Weaknesses: No exclusive control, limited access, multi-occupant spaces.
• Lab & Chain Issues: Contamination, mislabeling, instrument calibration, custody gaps.
• Miranda & Statements: Suppression of unwarned or coerced admissions.
• Bulk & Weight Challenges: Moisture content, packaging weight, dosage conversions.

When appropriate, we pursue mitigation and alternatives: treatment-based resolutions, specialized dockets, community control, or reductions from felony to misdemeanor where supported by the facts and record.

Related Felony Drug Charges

• Possession with Intent (packaging, scales, currency, suggesting distribution)
• Drug Trafficking (sale, offer to sell, or transport of controlled substances; higher felony levels and severe sentencing exposure)
• Drug Manufacturing (producing, cultivating, or processing controlled substances; often charged when labs, grow operations, or equipment are involved)
• Drug Paraphernalia (pipes, syringes, scales—chargeable even without drugs)
• Counterfeit Controlled Substances (look-alike drugs, separate felony exposure)
• Possession of Precursor Chemicals (items used to manufacture controlled substances)
• Child Endangerment (drugs found where children are present)
• Drugged Driving (OVI) (impairment + possession discovered during a stop)
• Theft Related to Drug Use (alleged conduct tied to substance dependency)

Our felony drug possession attorneys understand what you’re facing. If you’ve been charged in Cincinnati, call (513) 338-1890 or submit a request 24/7 for a free, confidential case review.

Felony Drug Possession FAQs (Cincinnati & Hamilton County)

What turns a drug possession case into a felony in Cincinnati?

Felony exposure depends on the substance schedule (I or II often trigger felonies), the amount versus Ohio’s “bulk” threshold, and any specifications (e.g., major drug offender). Cocaine, heroin, LSD, and large marijuana amounts commonly push charges into felony territory.

Can police charge me with felony possession if the drugs weren’t on me?

Yes—under “constructive possession,” prosecutors may allege you knew about the drugs and could control access (shared car, apartment). We challenge control, access, and knowledge with facts about who lived there, who used the area, and what the evidence actually shows.

What are typical felony penalties in Hamilton County for possession?

Depending on the degree, prison exposure ranges from up to 12 months (F5) to 11 years (F1), plus fines and potential license suspension. Enhancements and specs can increase penalties, while strong defenses or mitigation can reduce outcomes.

Are there alternatives to prison for felony drug possession?

Depending on priors and facts, courts may consider community control, treatment programs, specialized dockets, or negotiated reductions. We build mitigation early to expand alternatives.

Will a felony drug case affect my job or professional license?

Likely. Many employers conduct background checks, and certain professions require reporting. We structure resolutions to minimize licensing issues and help you plan for background screenings and reinstatement steps.

Can a felony drug charge be reduced to a misdemeanor in Ohio?

Sometimes. Where the facts, amounts, and record allow, we seek reductions based on legal and evidentiary defenses, treatment engagement, and mitigation. Outcomes vary by case and court.

Is record sealing or expungement possible after a felony drug conviction?

Eligibility depends on offense type, criminal history, and time since completion of sentence. Some felonies can be sealed under Ohio law, while others are restricted. We assess eligibility and timing and file motions when appropriate.

What if my case started with a traffic stop in Cincinnati?

We examine the stop’s legality (reasonable suspicion), the search (probable cause or consent), and any statements. If the stop or search violates the Constitution, key evidence may be suppressed, leading to dismissal or leverage for a better outcome.

A Cincinnati Felony Drug Lawyer at LHA Can Help

Felony drug charges are overwhelming—but the right strategy can make a decisive difference. The attorneys at Luftman, Heck & Associates defend drug cases throughout Cincinnati and Hamilton County and are dedicated to protecting your rights. Call (513) 338-1890 or reach us online for a free consultation.