Ohio Drug Trafficking and Distribution Charges Explained

In Ohio, law enforcement authorities consider drug distribution and trafficking a serious, dangerous criminal offense. Authorities vigorously prosecute drug distribution and trafficking crimes, and defendants facing such charges need experienced legal counsel to help them understand their rights and options and pursue an effective defense strategy.

Ohio Drug Trafficking and Distribution Laws

Ohio criminal law makes it unlawful for any person to knowingly:

• Sell or offer to sell a controlled substance or analog, or
• Prepare for shipment, ship, transfer, distribute, or deliver a controlled substance or analog when they know or reasonably believe another person intends to sell or distribute the drugs

A person may face charges of aggravated drug trafficking by trafficking or distributing any Schedule I or II drug (except for marijuana, cocaine, LSD, heroin, fentanyl, or hashish).

Penalties for Drug Trafficking and Distribution

Penalties for engaging in drug trafficking and distribution in violation of Ohio law will vary depending on the grading of an offense and the presence of aggravating factors. Aggravated drug trafficking constitutes a fourth-degree felony, which carries a penalty of six to 18 months of incarceration and fines up to $5,000. Committing aggravated drug trafficking in the vicinity of a school, juvenile, addiction services provider, or recovering addict constitutes a third-degree felony that carries penalties of nine months to five years in prison and fines up to $10,000.

Distributing or trafficking a quantity of drugs equal to or exceeding but less than five times the bulk amount also constitutes a third-degree felony that carries a presumption for imprisonment. A second or subsequent conviction will result in a mandatory prison term. Distributing bulk quantities of drugs in the vicinity of a school or addiction services provider constitutes a second-degree felony carrying penalties of two to eight years in prison and fines up to $15,000.

Defenses to Drug Trafficking and Distribution Charges

Depending on the facts of your case, you may have various defense strategies available to contest distribution or trafficking charges. An experienced drug crimes attorney can help present defenses to charges such as:

• Lack of Possession – Defendants frequently contest drug charges by arguing that they did not have actual or constructive possession of drugs seized by police.
• Possession for Personal Use – Defendants facing drug distribution charges might get the grading of their offense reduced by arguing that they intended to consume the drugs found in their possession rather than sell or distribute them to others. This defense is based on the quantity of drugs and their lack of individual packaging.
• Illegal Search and Seizure – A defendant might move to exclude drugs from evidence in the case by contending that the police found them through an illegal search. For example, when police uncover drugs during a traffic stop, a defendant might argue that they lacked reasonable suspicion or probable cause to initiate or prolong the stop. A defendant may also argue that a search warrant for a vehicle or residence lacked probable cause.
• Breaks in the Chain of Custody of Evidence – A defendant may also move to exclude drugs from evidence by demonstrating a break in the chain of custody, which can raise questions about the identity of the drugs presented for admission into evidence.

Contact a Criminal Defense Attorney Today

If you were arrested for drug trafficking or distribution in Ohio, you need experienced legal representation to defend your rights and interests. Contact DiCaudo, Pitchford & Yoder today for a confidential consultation to discuss how our legal team can help you fight your charges and protect your reputation, freedom, and future.