Generally speaking, if you’re facing drug charges, you will most likely be looking at multiple charges. For example, if you are charged for allegedly possessing marijuana you will likely be charged with an additional count because marijuana is considered a controlled substance. On top of these two counts you may be charged with a third if you also have a “delivery system” such as a pipe.
We will fight to reduce or dismiss any alleged charges. In the event that a trial is necessary, we will take will take the steps necessary along the way to prove your innocence or reduce your risk of incarceration.
Drug Possession Charges in Indiana
There are many factors that are involved in determining whether you or a loved one were truly in possession of drugs or simply a victim of inconvenient circumstances. An experienced criminal defense attorney will understand how best to dismiss any charges or significantly reduce charges and resulting penalties.
Drug Possession Penalties in Indiana
The severity of the penalties are determined by the specific drug, the amount of the drug and the location, such as a school zone, that the charges were alledged to have taken place.
- Marijuana (IC 35-48-4-11) could end up resulting in a fine of $5,000 and 3 years in prison.
- Cocaine (IC 35-48-4-6) could end up resulting in a $10,000 fine and up to 20 years in prison (up to 50 years in a school zone).
- Methamphetamine (IC 35-48-4-6.1) carries the same penalties as Cocaine.
Reducing the specific drug charges and the amount of the drug charged in possession can take years and thousands of dollars off any penalties.
Drug Trafficking & Manufacturing Charges in Indiana
Indiana’s “Drug Trafficking” and “Drug Manufacturing” (IC 35-48-4-1) laws are part of the state’s Uniform Controlled Substances Act. The manufacturing of drugs assumes and intent to distribute and the state’s statutes largely do not differentiate between the two.
Drug Trafficking & Manufacturing Penalties in Indiana
Penalties for “Drug Trafficking” and “Drug Manufacturing” are dependent on the type of drug and the amount of the drug and any prior convictions. Broadly speaking, the schedule of drugs defined below group the drugs together into related drug groups for purposes of defining equivalent amounts. The amount of each drug within each schedule determines whether it’s a misdemeanor or a felony and what level of misdemeanor or felony.
- Schedule 1 drugs (hallucinogenics like LSD and MDMA and some opiates) can be found in IC 35-48-2-4
- Schedule 2 drugs (most opiates like codeine, oxycodone, fentanyl, cocaine) can be found in IC 35-48-2-6
- Schedule 3 drugs (certain stimulants and depressants but excluding marijuana and it’s derivatives) can be found in IC 35-48-2-8
- Marijuana and it’s derivatives (like hash oil) can be found in IC 35-48-4-10
- Schedule 4 drugs (like clonazepam, barbital and lorazepam) can be found in IC 35-48-2-10
- Schedule 5 drugs (certain narcotic drugs containing non-narcotic active medical ingredients) can be found in IC 35-48-2-12
As an example, having less than 30 grams (about one ounce) of marijuana is a Class A misdemeanor with a penalty of up to 1 year in jail and $5,000 fine. The same type and amount of drugs with a prior conviction is a Level 6 felony with jail time bumped up to 2 1/2 years in prison and max fine of $10,000. It’s really critical to engage a knowledgeable criminal defense attorney immediately if you have been charged or if you believe you may be charged.
Drug Possession Charges in Ohio
Ohio’s “Drug Possession” laws are very complex especially when determining the specific charges and potential penalties. While Ohio categorizes drugs into Schedules like Indiana and many other states, Ohio uses a formula for determining the “bulk amount” of drugs which will result in the charges and penalties. (OH RC 2925.11)
Ohio “Drug Possession” charges are classified in two ways, “Possession” and “Aggravated Possession”. “Possession” is for for Schedule 3, 4, and 5 drugs. “Aggravated Possession” is for Schedule 1 and 2 drugs (excluding marijuana, cocaine, heroine, LSD and others specified in the statute).
Drug Possession Penalties in Ohio
It is far too complex to outline the specific possession and resulting penalties for possession charges in Ohio for our purposes here. However broadly speaking:
- having less than a “bulk amount” can result in up to 12 months in jail and up to $2,500 in fines.
- having a “bulk amount” (up to less than 5 times the “bulk amount”) can result in a 4th degree felony which is *at least* 9 months of jail and up to a $5,000.
- amounts greater than 5 times the “bulk amount” increase the level of the felony and sentencing.
- all of the above broad penalties are impacted by having a prior conviction and may include a driver’s license suspension
It’s important to engage with a criminal defense attorney immediately upon being charged or even if you believe you are going to be charged.
Drug Trafficking Charges in Ohio
Ohio classifies “Drug Trafficking” into “Trafficking” and “Aggravated Trafficking”, in a similar way to how it classifies its Possession statutes, based on the type of drug being offered for sale or transported. In addition, the quantity and intended target such as children affect the charges.
Drug Trafficking Penalties in Ohio
Penalties for “Drug Trafficking” are similary complex to its “Possession” calculations involving a formula for “bulk amounts” to establish the felony level and resulting minimum sentencing requirements. (OH RC 2925-03)
Drug Cultivation Charges in Ohio
Ohio carries separate charges for the cultivation and manufacture of drugs. Like most drug offenses the charges depend on the drug and the amount of the drug being manufactured or grown. The cultivation or manufacture of Schedule 1 and Schedule 2 drugs (notably excluding marijuana) can result in up to 10 years in prison and up to a $20,000 fine. The manufacture or cultivation of Schedule 3, 4 and 5 drugs can result in up to 8 years in prison and up to a $15,000 fine.
While Ohio has introduced exemptions for medical marijuana which allows possession of up to a 90 day supply, it is still illegal to possess marijuana for the non-exempt. In addition, even if you have a medical marijuana exemption you still cannot grow your own. While there are exceptions, Ohio has brought the penalties for growing marijuana in alignment with its possession charges. While this can result in a reduction of charges and sentencing it can still result in significant fines and even jail time.