Ohio’s drug laws have evolved significantly in recent years. While there’s a growing focus on treatment and rehabilitation for minor drug offenses, severe penalties still apply, especially for felony drug charges. Whether you’re accused of possession with intent to distribute, trafficking, or illegal drug manufacturing, the consequences of a Cincinnati drug charge can be devastating.
At Luftman, Heck & Associates, our defense attorneys have seen how felony drug convictions in Cincinnati can impact every part of a person’s life, from employment to housing to basic civil rights. Understanding when drug charges become felonies in Ohio can help you protect your future or fight back if you’ve been charged.
If you’ve been charged with a felony drug offense in Hamilton County, contact LHA 24/7 for a free and confidential case evaluation.
What Makes a Drug Charge a Felony in Ohio?
Felony drug charges in Ohio generally target significant drug crimes, like those involving drug trafficking, manufacturing, or possession with the intent to distribute. That being said, the type of drug, the quantity of drugs involved, the intent of those charged, and other circumstances related to the offense are all considered to determine if felony drug charges are warranted.
What Type of Drug is Involved?
Some drugs are more severe than others under the law, and the type of drug involved in a crime is a crucial factor in whether an offense is classified as a felony in Ohio. Ohio categorizes controlled substances into five schedules based on their potential for abuse and medicinal value.
- Schedule I drugs have the highest potential for abuse and no accepted medical use. They are the most severe and include illegal drugs like heroin, LSD, and MDMA. Possession, sale, or distribution of Schedule I drugs is usually classified as a felony.
- Schedule II drugs, such as cocaine, methamphetamine, and fentanyl, have a high potential for abuse but have accepted medical uses. Offenses involving Schedule II drugs are generally felonies, although some may be reduced to misdemeanors under certain circumstances.
- Schedule III, IV, and V drugs have a lower potential for abuse and accepted medical uses. These include ketamine, prescriptions like ketamine, Xanax, and Valium, and cough syrups with codeine. Depending on the details, offenses may result in misdemeanor or felony drug charges.
Drug Weight/Quantity – Thresholds for Felony Charges
The weight of the drug involved is another significant factor in determining whether someone is charged with a felony. Ohio law establishes different weight thresholds for different types of drugs, with larger quantities generally resulting in more severe penalties.
For instance, if you are arrested for a relatively small amount of cocaine in your pocket, it could be argued that you only had enough for your personal use. This may constitute a less serious offense. However, possessing large quantities of drugs can put individuals at risk of addiction, overdose, and other health issues. So, if you had a significant amount in the trunk of your car, it may suggest you are a bigger threat to the public or had plans to distribute drugs to others.
Here are some common illegal drugs and the quantities that would usually justify a felony charge:
| Drug | Felony Level | Quantity for Felony |
|---|---|---|
| Cocaine | Fifth Degree | 100g or more |
| Heroin | First Degree | 5g or more |
| Methamphetamine | First Degree | 5g or more |
| Fentanyl | Fifth Degree | 5g or more |
| LSD | Fifth Degree | 50 or more doses |
| MDMA (Ecstasy) | Fifth Degree | 25g or more |
| Marijuana | Third Degree | 1,000g or more |
| Marijuana | Fifth Degree | 200g to 1,000g |
| Marijuana | Fourth Degree | 100g to 200g |
Individual Intent & Circumstances
The intent of the individual accused of a drug offense is also crucial in determining whether it’ll be pursued as a felony. Generally, offenses involving the sale, distribution, or manufacture of illegal drugs will be treated as felonies, regardless of the quantity.
For example, felony drug charges are common when people are found with narcotics, scales, baggies, and other items associated with selling illegal drugs. Similarly, if you are arrested following a raid on a known drug house or meth lab, felony charges are likely.
Other circumstances that can affect whether drug charges are classified as felonies include the location of the offense, the individual’s criminal history, and whether the offense involved the use of weapons or violence. Examples of when felony drug charges may apply would be if you commit a drug crime near a school or park, have a prior drug crime on your record, or had a weapon in your possession at the time of your arrest.
Felony Drug Charges & Penalties in Cincinnati, Ohio
With all these factors, it’s easy to see how a drug offense can be elevated to a felony in Ohio.
Proponents of these laws maintain that they provide flexibility in dealing with complex drug issues, allowing law enforcement officers and prosecutors to use their judgment to make decisions based on the specific circumstances of each case. But critics of Ohio’s drug laws argue that subjective drug laws often result in unequal treatment and can be used to target specific communities or individuals unfairly.
Here are the most-seen felony drug charges in Ohio, their corresponding felony level, and the associated penalties.
- Drug Trafficking – First Degree Felony – Up to 11 years in prison and up to $20,000 in fines
- Drug Possession with Intent to Distribute – Second or Third Degree Felony – Up to 8 years in prison and up to $15,000 in fines
- Drug Manufacturing – First or Second Degree – Up to 11 years in prison and up to $20,000 in fines
- Illegal Possession of Prescription Drugs – Fourth or Fifth Degree – Up to 18 months in prison and up to $5,000 in fines
- Felony Drug Possession – Third, Fourth, or Fifth Degree – Up to 5 years in prison and up to $10,000 in fines (third-degree), up to 18 months in prison and up to $5,000 in fines (fourth and fifth-degree)
Defending Against Felony Drug Charges
A felony drug charge doesn’t automatically mean a conviction. With the right defense, it’s possible to get charges reduced to a misdemeanor or dismissed entirely. Common strategies include:
- Challenging unlawful searches and seizures (lack of probable cause)
- Disputing drug weight or purity analysis
- Suppressing illegally obtained statements
- Negotiating a favorable plea based on mitigating factors (addiction, coercion, proximity to schools, etc.)
If the drugs were discovered in violation of your constitutional rights, they may be excluded from evidence, and without them, the case may fall apart.
Read 7 Ways to Improve Drug Cases in Cincinnati
Frequently Asked Questions About Felony Drug Charges
When Does Drug Possession Become a Felony in Ohio?
Possession becomes a felony when the type and amount of the drug exceed Ohio’s thresholds. This typically involves Schedule I or II drugs or large quantities of any controlled substance.
Can I Go to Jail for a First-Time Felony Drug Charge?
Even first-time offenses can lead to prison. However, judges may consider alternatives like drug court, treatment programs, or probation, especially with a skilled Cincinnati drug crime attorney on your side.
Is Possession With Intent to Distribute Always a Felony?
Yes. If prosecutors believe you intended to sell, share, or traffic drugs, you’ll likely face felony charges, even for small amounts.
Can a Felony Drug Charge Be Reduced?
Yes. It’s often possible to negotiate reduced charges or a dismissal, especially if the evidence is weak, rights were violated, or the defendant has no prior record.
Arrested for a Felony Drug offense? Contact an Experienced Drug Lawyer Now
While much progress has been made in how Ohio treats drug offenses, being accused of a felony drug crime is still scary and potentially life-changing. It’s essential to have an experienced defense attorney on your side. An attorney can review your case, identify weaknesses, and help you explore options that may allow you to reduce a felony to a misdemeanor or beat the case.
If you are facing felony drug charges in Cincinnati, we encourage you to get legal counsel as soon as possible to protect your rights and achieve the best possible. At Luftman, Heck & Associates, lead counsel Brad Groene has considerable success helping people deal with felony drug charges and can guide you too.
Call LHA at (513) 338-1890 for a free and confidential consultation with a local defense lawyer.
