In Ohio, it is illegal to sell any controlled substance unless you are properly licensed as a healthcare professional and selling such drugs to individuals with valid prescriptions. Whether you are selling a small amount of prescription drugs left over from a validly obtained prescription or you are accused of dispensing large amounts of heroin, you can still be charged with sale of a controlled substance.
These controlled dangerous substances (CDS) can include drugs that are always illegal, such as cocaine or meth, or prescription drugs that you do not have permission to distribute or to people without valid prescriptions. No matter which you are caught selling, however, you are facing serious charges in Ohio. Drug charges are taken quite seriously in our state, so you should be aware of the serious consequences you face if convicted.
Classification of CDS and Their Bulk Amounts
In Ohio, CDS are classified in five “Schedules.” Schedule I lists the most dangerous drugs, which have a high chance of abuse and addiction but no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and likelihood of abuse, while increasing in valid medical use or necessity. Schedules I and II include amphetamines, cocaine, heroin, and other serious street drugs, while Schedules III, IV, and V include narcotic painkillers, like Vicodin and Percocet, and other commonly abused prescription drugs.
Each drug listed as a controlled substance in Ohio statute has a determined “bulk amount” which is used to determine how harshly penalties will be applied for the sale of a controlled substance in that category. The bulk amount can be measured in grams or pills or other dose units, and it varies depending on the type of drug in question.
Penalties for Sale of a Controlled Substance
The penalties for sale of a controlled substance depend on the amount and type of drug sold. If you are found selling (or possessing for sale) less than the bulk amount, you will receive the least harsh penalty for that drug. If you sell the bulk amount or more, you will face much harsher punishment. Once you are found to have five, ten, or 100 times the bulk amount, you will be sentenced much more harshly and may even face trafficking charges.
That doesn’t mean that you should take charges less seriously if you were arrested for selling less than the bulk amount of a CDS, though. Even selling just a small amount of a Schedule I or II drug can lead to fourth-degree felony charges, which will be punished by a fine of up to $5,000 and at least six months in jail or up to 18 months in prison if you are convicted. Even worse, the most dangerous drugs or large amounts of any CDS can lead to first-degree felony charges, which can lead to a sentence of a fine of up to $20,000 and up to 11 years in prison.
Call to Find Out How an Ohio Drug Lawyer Can Help Today
Drug crimes are common in Ohio, and they are among the most harshly prosecuted. Even if it is your first offense and you were found selling a very small amount of the controlled substance, you could end up incarcerated for years. With the help of an experienced Ohio drug lawyer, however, you can fight the charges with a carefully thought out legal strategy in order to get the best possible outcome.
The drug defense team at Luftman, Heck, and Associates has been successfully getting clients ideal outcomes from similar cases for years. Call us today at to find out how we may be able to help in your unique situation. We are available 24/7 to help.