The penalties for a drug conviction in Ohio are severe and far-reaching. When your life and freedom are at stake, work with an Ohio drug crimes attorney with a 25-year proven record of success.
Your best chance at avoiding a drug crime conviction in or around Sandusky, Ohio, is early intervention and aggressive representation. Contact attorney Troy Wisehart at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. Call (419) 625-7770 or use our online form to schedule your free consultation. We’ll assess your case, explain your options, and guide you towards the best possible outcome.
Why Hire a Drug Defense Lawyer
Whether you are arrested for carrying a small amount of marijuana or selling a large amount of cocaine, a defense lawyer gives you better odds of defeating, reducing or mitigating drug charges.
There are several benefits to hiring Ohio drug lawyer Troy Wisehart:
- Resources and knowledge to build a strong defense
- Access to experts and witnesses to support your defense
- Strong negotiation and trial skills
- Protects and defends your rights
Depending on your situation, you could go to jail or prison for years if convicted. Do you genuinely feel confident in an overworked public defender or trying to defend yourself against an experienced prosecutor?
A drug defense lawyer crafts an effective strategy based on the facts and your goals. Our goal is to win the best possible outcome for you and your loved ones. This could mean a dismissal, reduced drug charges from a felony to a misdemeanor, or fighting the case in court.
How We Can Help
Attorney Troy Wisehart and our Sandusky drug crime lawyers will immediately get to know you and your situation. We want to know what happened because we scrutinize police conduct and the evidence. We’ve handled many cases in which the police overreach and violate your rights.
Sometimes, police officers obtain evidence through an unreasonable or unlawful search and seizure or make mistakes with how drugs are tested. We would ask the court to suppress such evidence.
We can also:
- Investigate independently and gather evidence on your behalf
- Evaluate the prosecution’s case to determine if it is in your best interest to plead to a lesser charge
- Create reasonable doubt to seek an acquittal if your case goes to court
We Handle All Ohio Drug Crimes
Our drug crime attorneys have years of experience handling drug charges, from marijuana possession to drug trafficking. We can explain what the law says and how it applies to your situation.
We’ll also talk with you about the level of the offense and how the type and amount of the drug may impact whether you face a misdemeanor or felony.
- ORC Section 2925.02: Corrupting another with drugs.
- ORC Section 2925.03: Trafficking, aggravated trafficking in drugs.
- ORC Section 2925.04: Illegal manufacture of drugs – illegal cultivation of marihuana – methamphetamine offenses.
- ORC Section 2925.041: Illegal assembly or possession of chemicals for the manufacture of drugs.
- ORC Section 2925.11: Possession of controlled substances.
- ORC Section 2925.12: Possessing drug abuse instruments.
- ORC Section 2925.13: Permitting drug abuse.
- ORC Section 2925.14: Illegal use or possession of drug paraphernalia.
- ORC Section 2925.141: Illegal use or possession of marihuana drug paraphernalia.
- ORC Section 2925.37: Counterfeit controlled substance offenses.
Defending Against Ohio Drug Charges
Everyone is entitled to defend themselves in court. Most people lack the knowledge and understanding of Ohio drug laws to protect themselves fully. Attorney Wisehart crafts a specific defense for your case and fights hard for your freedom and record.
Possible drug crime defenses include:
- You didn’t have actual or constructive possession of a drug
- You didn’t know about the drugs
- The substance wasn’t a controlled substance
- The police don’t have any controlled substances in evidence
- The police didn’t have probable cause to stop you
- The police performed an unreasonable search and seizure
- The police performed an illegal canine search
- The police performed illegal surveillance or wiretapping
- The prosecutor doesn’t have sufficient evidence
- You are eligible for medical cannabis
- You had a valid prescription for the controlled substance
Ohio Controlled Substance Schedule
Ohio organizes controlled substances into categories called schedules. These schedules rank from one through five based on whether they have accepted medical use and their risk of addiction and abuse. Schedule I drugs are considered the most dangerous, while Schedule V drugs are the least harmful.
- Schedule I: Heroin, LSD, cannabis, peyote, Ecstasy/MDMA
- Schedule II: Cocaine, methamphetamine, methadone, oxycodone, fentanyl, Adderall, Ritalin
- Schedule III: Ketamine, anabolic steroids, testosterone, Tylenol with codeine
- Schedule IV: Xanax, Valium, Darvocet, Ativan, Ambien, Tramadol
- Schedule V: Medications with small amounts of codeine
A drug crime lawyer will scrutinize the police reports and the prosecution’s evidence for errors or mistakes. We’ll confirm whether the substance involved was a controlled substance, the type, and the amount.
Bulk Drug Amounts
Drug charges and penalties depend on the schedule or type, but they also are influenced by the amount. Ohio law sets out “bulk amounts,” which affect drug charges. The greater the amount, the greater the penalty.
Bulk amounts include:
- 10 grams or 25 doses of any Schedule I opiate
- 10 grams of any substance containing raw or gum opium
- 30 grams or ten doses of any Schedule I hallucinogen (except THC), lysergic acid amide, or Schedule I stimulant or depressant
- 25 grams or five times the max daily dose of a Schedule II opiate
- 20 grams or 30 times the max daily dose of a Schedule II stimulant, depressant, or hallucinogenic substance
- 120 grams or 20 times the max daily dose of a Schedule III or IV substance (except anabolic steroid)
- 20 grams or five times the max daily dose of a Schedule III opiate
- 150 ml or 250 grams of a Schedule V substance
- 200 units, 16 grams, or 16 ml of a Schedule III anabolic steroid
Common Drug Charges
A drug defense lawyer helps you understand the charges against you and the potential penalties. You could receive a lighter sentence if you are a first-time offender or if you cooperate with the prosecution for information that leads to additional arrests.
Possession of a controlled substance is a misdemeanor or a felony, depending on the type and amount.
Schedule I or II drugs:
- Under bulk amount is a fifth-degree felony
- More than the bulk amount is a third-degree felony
- Five times the bulk amount is a second-degree felony
- 50 times the bulk amount is a first-degree felony
Schedule III, IV, or V drugs:
- Under bulk amount is a first-degree misdemeanor
- More than the bulk amount (depending on the drug) is a fourth-degree felony
- Five times the bulk amount is a third-degree felony
- 50 times the bulk amount is a second-degree felony
Possessing marijuana under 100 grams is a minor misdemeanor. But if you had over 100 grams, it’s a fourth-degree felony. More than 200 grams and you’re charged with a fifth-degree felony. Possessing more than 1,000 grams of marijuana is a third-degree felony.
A prosecutor can charge you with drug trafficking for:
- Selling or offering to sell a controlled substance
- Preparing, shipping, transporting, delivering, or distributing a controlled substance when you know or have reason to believe someone will sell the drugs
Trafficking Less Than or More Than Bulk Amounts
- Trafficking Schedule I or II drugs, except marijuana, cocaine, LSD, heroin, or fentanyl, is a fourth-degree felony
- Trafficking less than the bulk amount of a Schedule III, IV, or V drug, marijuana, cocaine, LSD, heroin, is a fifth-degree felony
- If you have more than the bulk amount of the drug, you face a higher charge and harsher penalty
Drug Crime Penalties
- Minor Misdemeanor: A maximum fine of $150
- Fourth-Degree Misdemeanor: Up to 30 days in jail and a maximum fine of $250
- Third-Degree Misdemeanor: Up to 60 days in jail and a maximum fine of $500
- Second-Degree Misdemeanor: Up to 90 days in jail and a maximum fine of $750
- First-Degree Misdemeanor: Up to six months in jail and a maximum fine of $1,000
- Fifth-Degree Felony: Up to 12 months and a maximum fine of $2,500
- Fourth-Degree Felony: Up to 18 months and a maximum fine of $5,000
- Third-Degree Felony: Up to 36 months or up to 60 months and a maximum fine of $10,000
- Second-Degree Felony: Up to eight years and a maximum fine of $15,000
- First-Degree Felony: Up to 11 years and a maximum fine of $20,000
Drug Court in Erie County
Erie County’s Court of Common Pleas can now establish a drug court to promote treatment over jail time. The court has a Support and Management for Addiction with Recovery and Treatment program. If you meet specific criteria, you can go through this program to receive help instead of being incarcerated.
Call an Ohio Drug Lawyer Today
Are you ready to get started on your defense? Contact Ohio drug lawyer Troy Wisehart at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA for help with your drug case.