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Cincinnati Felony Drug Possession Lawyers

LHA is here to get felony drug possession charges reduced, dismissed, or prove your innocence. Call LHA at (513) 338-1890 for a free consultation.

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 defense lawyer with experience and success in felony drug possession cases can help.

Our felony drug possession attorneys understand the difficulties you’re facing. If you’ve been charged with felony drug possession in Cincinnati, contact LHA for a free and confidential consult about your rights, legal options, and how we can help. Call (513) 338-1890 or submit a request 24/7.

Felony Drug Possession Attorneys

Attorney Brad Groene of Luftman, Heck & Associates prides himself on his dedication, skill, and experience in Cincinnati drug cases with the accolades and awards to match. Some of the professional memberships and awards Brad holds 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

Felony Drug Possession in Cincinnati

Drug crimes in Ohio are covered under Ohio Revised Code § 2925.11, and depending on the amount of the controlled substance involved, a felony charge could be pursued. Additionally, if your drug possession offense involves a Schedule I or Schedule II substance, you could automatically face felony drug possession.

Automatic Felony Drug Possession in Ohio

Having the following controlled substances will result in an instant felony charge:

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

Controlled Substance Exceptions

Some illegal drugs that are typically more common will have a set of conditions based on the possession amount to qualify for a charge of a felony. These substances can include:

Felony Drug Possession by Amount

A felony will occur from the following amounts of controlled substances:

Cocaine Amounts

Cocaine Amount Felony Level
5-10 Grams 3rd Degree
10-20 Grams 4th Degree
20-27 Grams 2nd Degree
27-99 Grams 1st Degree
100 Grams or More 1st Degree

Marijuana Amount

Marijuana Amount Felony Level
200-999 Grams 4th Degree
1000-4999 Grams 3rd Degree
5000-19,999 Grams 3rd Degree
20,000-39,999 Grams 2nd Degree
40,000 Grams 2nd Degree

Heroin Amount

Heroin Amount Felony Level
1-5 Grams 4th Degree
5-10 Grams 3rd Degree
10-50 Grams 2nd Degree
50-100 Grams 1st Degree
100+ Grams 1st Degree

LSD Amounts

LSD Amount Felony Level
10-49 Unit Doses (1-4 Grams) 4th Degree
50-249 Unit Doses (5-24 Grams) 3rd Degree
250-999 Unit Doses (25-99 Grams) 2nd Degree
1000-4999 Unit Doses (100-499 Grams) 1st Degree
5000+ more Unit Doses (500 + Grams) 1st Degree

Constructive vs. Actual Drug Possession

One factor considered in felony drug possession or aggravated possession cases is whether the possession was “constructive” or “actual.”

Actual Drug Possession

Actual possession means you were caught possessing a controlled substance on your person, such as in your backpack or pocket.

Constructive Drug Possession

On the other hand, constructive possession refers to when controlled substances are not physically found on your person, but still within your vicinity. This can include a location you control, such as a hidden compartment in your vehicle or a room in your house.

Aggravated Drug Possession

When a drug offense includes a Schedule I or Schedule II substance, mixture, or compound, aggravated possession charges may apply. Often, this is a fifth-degree felony, but the charges can be higher in certain situations.

For example, if you are found in possession of less than five times the bulk amount, you may be charged with a third-degree felony. Quantities between five times the bulk amount and fewer than 50 times that amount equate to a second-degree felony.

If you possess over 50 times but less than 100 times the bulk amount, you may face a felony in the first degree. If you are in possession of 100 times the bulk amount, you could be classified as a major drug offender.

Felony Drug Possession Penalties

Charges for felony drug possession will be dependent on what schedule and amount was in possession of the offender.

Under U.S. law, there are five schedules outlined by the United States Drug Administration (DEA). Schedule V contains the least dangerous drugs, while Schedule I includes the highest-risk drugs.

Regarding bulk amount, the Ohio Revised Code § 2925.01 explains the amount of the drug in possession.

The following explains the maximum penalty for each felony level:

  • Felony in the 5th Degree – Max $2,500 fine & up to 12 months in prison
  • Felony in the 4th Degree – Max $5,000 fine & up to 18 months in prison
  • Felony in the 3rd Degree – Max $10,000 fine & up to five years in prison
  • Felony in the 2nd Degree – Max $15,000 fine & up to eight years in prison
  • Felony in the 1st Degree – Max $20,000 fine & up to 11 years (possibly mandatory) in prison

Collateral Felony Drug Possession Consequences

In addition to the imprisonment and fines, a felony drug possession conviction in Ohio could generate collateral consequences. Here are some of the many ways your life will be negatively impacted:

  • Revoked firearm privileges
  • Driver’s license suspension
  • Custody issues
  • Reduced employment opportunities
  • Ineligibility for certain professions/certifications

Felony Drug Possession Defense Options

While each situation and case is unique, a skilled drug crime defense attorney can help defend against or reduce the potential impact of a felony drug possession charge.

For instance, specific regulations must be followed when a person is arrested for felony drug possession. If these procedures were ignored or performed incorrectly, your lawyer may be able to reduce your charges, limit the evidence, or get the charges dismissed.

Here are some factors that can aid in your felony drug possession defense:

  • The evidence was illegally obtained
  • A search was conducted without probable cause
  • Police mishandled lab results
  • Surveillance was performed illegally
  • Your Fourth Amendment rights were violated

To take full advantage of your options in a felony drug case, contact a Cincinnati drug attorney at Luftman, Heck & Associates. We’ll craft a strategy based on your situation and pursue the best possible outcome. This can include decreased penalties, reducing felony drug possession to a lesser misdemeanor, dismissing the charges, and avoiding conviction altogether by proving your innocence.

Felony Drug Possession FAQs

Can Felony Drug Possession be Reduced to a Misdemeanor?

Per the Ohio Senate Bill 3, offenses that are non-violent, low-level drug possessions can be reduced from felonies to misdemeanors. A criminal defense attorney will argue defenses to reduce the charges.

Will You Go to Jail if Convicted?

Your attorney will do their best to fight your felony drug charges; however, there is the possibility of facing jail time if convicted.

Can a Felony Drug Charge Be Expunged?

After 10 years, Felonies can become eligible for complete expungement in Ohio. Misdemeanors can be eligible after one and a half years to be sealed and expunged.

A Cincinnati Felony Drug Lawyer at LHA Can Help

Facing felony charges can be overwhelming and intimidating. The accused may feel the offense looming over them for long and have difficulty in every facet of their life.

The attorneys at Luftman, Heck, and Associates are experienced in drug offense laws in Ohio. Our attorneys are dedicated to preserving their client’s rights. Contact us today at (513) 338-1890 or online for a free consultation.