Navigating the criminal justice system can be overwhelming, especially if you are facing a drug charge for the first time. Many assume that being a first-time offender minimizes the consequences, but in Ohio, even a single drug-related offense can have serious implications. Understanding the potential penalties and how an experienced attorney can help is crucial. At the Comunale Law Office, we know how vital strong legal representation is. Here’s what individuals should know about facing a first-time drug charge in Ohio.

Understanding First-Time Drug Charges in Ohio

Ohio classifies drug offenses into different categories based on the type of drug and the amount involved. Many controlled substances carry mandatory prison time regardless of prior convictions. First-time offenders are not exempt from these laws, and the outcomes can vary depending on the specifics of the charge.

Factors That Influence Sentencing

Type of Drug   

Ohio’s drug laws are structured around the drug scheduling system, which categorizes substances differently based on their potential for abuse and medical use. 

  • Schedule I and II Drugs (e.g., heroin, LSD) are considered high-risk with severe penalties. Possession of these substances often results in felony charges, even for first offenses. 
  • Schedules III, IV, and V Drugs carry lesser penalties but can still lead to a misdemeanor conviction and possible jail time.

Amount of the Drug  

The quantity of the controlled substance significantly impacts the severity of the charges. 

  • Small amounts of Schedule III, IV, and V Drugs can lead to misdemeanor charges, but larger quantities can escalate to felony charges, even for a first-time violations.
  • Small amounts of Schedule I and II drugs, even if just for personal use, can lead to felony charges and mandatory prison time.  

Use of the Drug  

Why a person has the drug can also impact on the potential penalties.

  • Simply having or possessing the drug is different than having it for the purpose of selling it or even giving it away. This is called “trafficking” or possession with intent to distribute and is treated even more harshly and generally results in felony charges.  This is true even if you are holding it to give to someone else.  The term “sale” includes any form of giving the drug to another person. 

Type of Charge   

Possession, trafficking, manufacturing and cultivation are all treated differently under Ohio law. While simple possession might result in a misdemeanor under certain circumstances, trafficking and manufacturing often carry mandatory prison sentences. 

Why You Need an Experienced Attorney

An experienced criminal defense attorney can analyze your case, identify weaknesses in the prosecution’s evidence, and build a strong defense to minimize or even eliminate the penalties.  Furthermore, your attorney will investigate the circumstances of your arrest, challenge any improper police procedures and identify weaknesses in the prosecution’s case. The goal is to build a solid case against your drug charge accusations in order to protect your future. 

Comunale Law Office offers tenacious, hands-on representation to protect your rights and work towards dismissing the charges against you. Whether you’re facing jail time, fines or other consequences, a conviction for drug related offenses can remain on your record forever, interfere with seeking employment and even prevent you from receiving student loans.

Taking the Next Step With an Experienced Criminal Defense Attorney

If you or a loved one is facing a drug charge in Ohio, whether it’s a simple possession or a more severe offense, don’t wait to seek legal representation. With over three decades of experience, the attorneys at the Comunale Law Office are dedicated to protecting your rights and advocating for your future. Contact us today to schedule a free consultation. We can work toward the best possible resolution for your case.