Trafficking in marijuana is a minor misdemeanor if the offense involves a gift of 20 grams or less. This field is for validation purposes and should be left unchanged. Drug crimes in Ohio come with very serious penalties. Call LHA at (513) 338-1890 to schedule a free consultation. (C) Whoever violates division (A) of this section is guilty of one of the following: (1) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II, with the exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, hashish, and any controlled substance analog, whoever violates division (A) of this section is guilty of aggravated trafficking in drugs. Updates may be slower during some times of the year, depending on the volume of enacted legislation. is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. (c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten grams but is less than fifty grams of hashish in a solid form or equals or exceeds two grams but is less than ten grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, trafficking in hashish is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Because of the high-profile nature of drug offenses, trafficking in drugs has overlapping federal and state jurisdiction. (2) If the offender is a professionally licensed person, the court immediately shall comply with section 2925.38 of the Revised Code. A third-degree . If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. Each report received by a court of common pleas, a board of county commissioners, or the attorney general is a public record open for inspection under section 149.43 of the Revised Code. Schedule I drugs have the most potential for abuse and no acknowledged medical use in the United States. (3) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay any fine imposed under division (H)(1) of this section to the eligible community addiction services provider specified pursuant to division (H)(2) of this section in the judgment. With 50 years of combined criminal defense experience and a reputation for results, you can count on the lawyers at Gounaris Abboud, LPA. Five people were named co-defendants in drug case in the Proctorville area last month. He has the credentials and the experience to win your case and has made himselfthe Miami Valleys choice for DUI defense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of trafficking in cocaine. If aggravated trafficking in drugs is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison . Before doing that, however, take a few moments to familiarize yourself with a few basic facts that will make the details easier to understand. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by Judge Kevin P. Braig to at least three years in prison on a charge of aggravated trafficking in drugs, a second-degree felony. (g) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds two thousand grams of hashish in a solid form or equals or exceeds four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, trafficking in hashish is a felony of the second degree, and the court shall impose as a mandatory prison term a maximum second degree felony mandatory prison term. 1040 (1938), 21 U.S.C.A. 10/31/2016. (h) Except as otherwise provided in this division, if the offense involves a gift of twenty grams or less of marihuana, trafficking in marihuana is a minor misdemeanor upon a first offense and a misdemeanor of the third degree upon a subsequent offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs is a felony of the third degree, and there is a presumption for a prison term for the offense. Violent crimes with first-degree misdemeanor or felony charges cannot be expunged, with the exception of first-degree misdemeanor convictions for inciting to violence (ORC 2917.01), assault (ORC 2903.13), riot (ORC 2917.03), or inducing panic (ORC . Suspected methamphetamine was found, along with various drug paraphernalia. 1187 Ohio Pike Amelia, Ohio 45102. The basic drug trafficking penalty chart used by judges in Ohio looks like this: Prosecutors and judges in Ohio take drug trafficking charges very seriously. First-degree felonies are the most serious offenses, while fifth-degree felonies are the least. The first and most important decision you can make at this point is to hire an experienced and competent defender. in a solid form or equals or exceeds one gram but is less than five grams of L.S.D. If the amount of the drug involved equals or exceeds fifty times the bulk amount and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. See Ohio Code 2925.01. The U.S. Luftman, Heck & Associates can help. This investigation was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Summit County Drug Unit, the Akron Police Department and the Portage County Drug Unit, with assistance from the U.S. Marshal's Service, the Ohio State Highway Patrol and the Portage County Prosecutor's Office. Basically, with an 85% sentence for Aggravated Trafficking, your sentence cannot . (G)(1) If the sentencing court suspends the offender's driver's or commercial driver's license or permit under division (D) of this section or any other provision of this chapter, the court shall suspend the license, by order, for not more than five years. Two drugs that are the focus of not only media attention but also law enforcement are Fentanyl and methamphetamine. Through the course of the investigation, law enforcement officials learned that members of the organization partnered with Lathan to provide . Section 2925.04 - Illegal manufacture of drugs - illegal cultivation of marihuana - methamphetamine offenses. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. Aggravated Possession of Drugs. First, section 2925.03 of the Ohio Revised Code defines drug trafficking as the illegal sale, shipment, transportation, delivery distribution or preparation for distribution of drugs. 1335 Dublin Rd #214A RYAN MAURICE MINNEY, 26 Aggravated drug trafficking, as defined in Ohio Rev. . Jan. 12A Duncan man now faces a charge of aggravated drug trafficking after the serving of a search warrant last week led authorities to finding 590 grams of methamphetamine. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, trafficking in marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. Statutes. (b) Except as otherwise provided in division (C)(1)(c), (d), (e), or (f) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, aggravated trafficking in drugs is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Drug abuse offense: means any of the following: (1) A violation of division (A) of section 2913. Effective: July 21, 2022. (e) If the amount of the drug involved equals or exceeds fifty times the bulk amount but is less than one hundred times the bulk amount and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, aggravated trafficking in drugs is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. Trafficking in hashish is generally a felony of the fifth degree. Certain facts will change the level of felony and, therefore, the possible penalties. (c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, trafficking in cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds twenty grams but is less than thirty grams, trafficking in a controlled substance analog is a felony of the third degree, and there is a presumption for a prison term for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds thirty grams but is less than forty grams, trafficking in a controlled substance analog is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. If the substance is hashish, the alleged crime is considered trafficking in hashish. A person convicted of aggravated trafficking in illegal drugs will face a mandatory minimum sentence of imprisonment in the Department of Corrections for a terms of at least fifteen years, and the charge carries up to life in prison. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. He has a strong track record of defending criminal suspects in the capital city and throughout Franklin County. Your case is important to us, Colin will review your case and fight for your justice! The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. 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