Drug Possession Lawyer in Cincinnati, OH

Get Help From a Drug Possession Attorney Near You

Every second matters when you’re accused of drug possession in Hamilton County, Ohio. The way police handle searches, what you say to law enforcement, and how quickly you call a lawyer for drug possession can make or break your case. At LHA, our Cincinnati drug charge lawyers act fast to challenge unlawful searches, suppress evidence, and protect your rights from day one.

Speak with a Cincinnati drug possession lawyer today for a free and confidential case evaluation.

Possession of a Controlled Substance in Cincinnati (ORC 2925.11)

Under Ohio Revised Code 2925.11, possession of a controlled substance means knowingly obtaining, possessing, or using an illegal drug or a prescription medication without authorization. Substances range from marijuana and opioids to cocaine, methamphetamine, and synthetic drugs.

Ohio Schedule of Controlled Substances

Ohio follows DEA classifications and state law (ORC 3719.41). Controlled substances are divided into schedules by risk of abuse and medical use:

• Schedule I: High risk, no medical use (heroin, LSD, ecstasy).
• Schedule II: High risk, limited medical use (cocaine, meth, oxycodone).
• Schedule III: Moderate risk, accepted medical use (steroids, ketamine).
• Schedule IV: Low risk, accepted use (Xanax, Valium).
• Schedule V: Lowest risk, common medical use (cough syrups with codeine).

Marijuana Possession in Cincinnati

Recreational marijuana became legal in Ohio in late 2023, but there are strict limits. Adults 21+ may possess up to 2.5 ounces of cannabis and 15 grams of concentrate. Exceeding those limits—or distributing without a license—can still lead to criminal charges in Hamilton County. Marijuana possession can also carry enhanced penalties if tied to driving under the influence, selling to minors, or cultivation beyond legal limits.

Drug Possession Penalties in Hamilton County

Penalties depend on the type and amount of substance, prior convictions, and the circumstances of arrest. Judges have discretion in Hamilton County courts—including the Hamilton County Court of Common Pleas (1000 Main St., Cincinnati, OH 45202)—but sentencing can be severe.

Drug Possession Sentencing

Ohio law imposes mandatory sentencing ranges based on felony degree. For example, a fifth-degree felony may carry probation or up to 12 months in jail, while a first-degree felony can bring 11 years in prison. Judges may also order fines, license suspensions, and mandatory treatment.

Alternatives to Jail for Drug Possession in Cincinnati

Hamilton County offers programs like drug court, probation, and treatment-based alternatives. First-time offenders may qualify for diversion programs that, if completed, can result in dismissal of charges. Our attorneys advocate strongly for alternatives to incarceration whenever possible.

Defending Against Drug Possession Charges in Cincinnati

Attorney Brad Groene carefully reviews police reports, lab evidence, and search procedures. Common defenses include:

• Illegal search and seizure: Drugs found without a valid warrant may be suppressed.
• Lack of probable cause: Police cannot stop or detain you without justification.
• Improper evidence handling: Lab errors or chain-of-custody issues weaken the state’s case.
• Violation of constitutional rights: Failure to read Miranda rights or improper questioning can exclude statements.

Read Cincinnati Drug Possession Defenses That Work

Drug Possession Charges After a Traffic Stop

Many possession cases in Hamilton County begin with a routine traffic stop. If police claim they smelled marijuana or saw suspicious behavior, they may search your vehicle. However, not all searches are legal. If drugs were found in your car, our team investigates whether the stop was constitutional and whether your rights were violated.

Types of Drug Possession in Ohio

Actual Possession

When drugs are found directly on your person, such as in a pocket or bag, you control.

Constructive Possession

When you are accused of having control over drugs in a shared space (apartment, vehicle) even if they weren’t physically on you. Prosecutors must prove both knowledge and ability to control access.

Possession With Intent to Distribute

If the quantity of drugs suggests more than personal use, you may face enhanced charges for possession with intent to distribute. Prosecutors often look for packaging materials, scales, or large sums of cash as evidence of intent.

The Connection Between Drug Possession and Addiction

Many possession cases in Cincinnati involve people struggling with drug addiction. Courts are increasingly recognizing substance use disorder as a health issue. An attorney can help direct clients toward treatment-based resolutions instead of jail, which may improve long-term outcomes.

Related Drug Possession Charges

• Theft Related to Drug Use: Some individuals accused of possession also face theft charges if prosecutors believe the crime was tied to supporting a drug habit.
• Drug Paraphernalia: Possessing items like pipes, syringes, or scales can lead to separate charges under Ohio law, even if no drugs are found.
• Child Endangerment: If drugs are found in a home or car with children present, you may also face child endangerment charges, which carry serious additional penalties.
• Drugged Driving (OVI): Driving under the influence of drugs, even prescription medication, can result in OVI charges alongside possession counts.
• Permitting Drug Abuse: Ohio law allows charges against anyone who permits drug use on property they own or control, such as a home or vehicle.
• Possession of Precursor Chemicals: Having chemicals or compounds commonly used to manufacture drugs can lead to felony charges, even if no finished drugs are found. Prosecutors often treat these cases aggressively due to the link with drug production.
• Counterfeit Controlled Substances: Selling, offering, or possessing counterfeit drugs (substances made to look like real controlled substances) is a separate offense under Ohio law and can result in both felony charges and enhanced penalties.

Local Legal Process for Drug Possession Cases

• Arrest & Booking: Often at the Hamilton County Justice Center, 900 Sycamore St., Cincinnati.
• Arraignment: Charges are formally presented before a judge.
• Pre-Trial Motions: Defense challenges evidence and police conduct.
• Plea Negotiations: Prosecutors may offer reduced charges or probation.
• Trial: A judge or jury decides guilt if no resolution is reached.
• Sentencing: Penalties imposed, though we fight for reduced or alternative outcomes.

Read Arrested for the First Time in Cincinnati? Here’s What To Do

Why Choose LHA’s Drug Possession Attorneys

Our firm has defended hundreds of Cincinnati residents against drug possession charges. We know Hamilton County judges, prosecutors, and procedures, and we leverage that experience to protect clients. With 24/7 availability and a strong record of case dismissals, we are ready to help you now.

Call today for a free case evaluation with our Cincinnati drug possession attorneys.

FAQs About Drug Possession in Cincinnati

Can I be charged with possession if the drugs weren’t mine?

Yes. Under Ohio’s constructive possession laws, prosecutors only need to prove you knew about the drugs and could control access to them.

What happens if I’m arrested for marijuana possession in Cincinnati?

Adults 21+ can legally possess up to 2.5 ounces, but exceeding that limit or distributing marijuana can still lead to charges under Ohio law.

What are the penalties for a first-time drug possession charge in Hamilton County?

First-time offenders may qualify for diversion or treatment programs. Penalties vary, but a skilled lawyer can often reduce or dismiss charges.

Can drug possession charges affect child custody?

Yes. A conviction may be used against you in family court, especially if the charges involve child endangerment.

Will I lose my license if convicted of possession?

Ohio law allows driver’s license suspensions for drug-related convictions, even if the offense did not involve driving.

Can I be charged with possession after a traffic stop?

Yes. If police claim they found drugs during a stop, you may face possession charges. However, an attorney can challenge the legality of the stop and search.

What is “possession with intent to distribute” in Ohio?

If the amount of drugs is more than for personal use, or if you have items like baggies, scales, or large sums of cash, you may face intent-to-distribute charges, which carry harsher penalties.

Does going to rehab help my drug possession case?

Yes. Courts in Hamilton County often view voluntary treatment as a positive step. Entering rehab may improve your chances of probation, diversion, or reduced penalties.

Can drug possession charges be expunged in Ohio?

In some cases, yes. If you qualify, expungement can seal your criminal record. An attorney can evaluate your eligibility and guide you through the process.

What happens if I’m caught with prescription medication that isn’t mine?

Possessing someone else’s prescription, even common medications like Xanax or oxycodone, is illegal and may result in a felony charge in Ohio.

Do I need a lawyer if it’s just a misdemeanor possession charge?

Yes. Even misdemeanor convictions can affect your job, housing, and license. A lawyer may be able to reduce penalties, secure diversion, or fight for dismissal.

Contact a Cincinnati Drug Possession Lawyer Today

Ohio drug laws are strict, and Hamilton County prosecutors take possession cases seriously. To protect your future, call (513) 338-1890 or email advice@cincinnaticriminalattorney.com. Attorney Brad Groene and the Luftman, Heck & Associates team are ready to defend you in Cincinnati, Hamilton County, and Southwest Ohio.