What Are the Penalties for Selling Drugs to Minors in Ohio?

In Ohio, selling drugs to minors violates the state’s drug trafficking law. The law makes it a crime for a person to sell or offer to sell a controlled substance or ship, transport, deliver, or distribute a controlled substance when the person knows or should know that another party intended to resell the controlled substance. However, selling drugs to minors can result in an aggravated grading of a drug trafficking offense. A drug trafficking offense can become a third-degree felony when a person commits their offense in the vicinity of a school or juvenile.

Selling drugs to minors increases the grading of a drug trafficking offense due to the public policy favoring protecting minors from illicit drugs, as minors may have an increased vulnerability to drug addiction, and illicit drugs can have a more significant adverse health effect on young people.

Legal Penalties for Selling Drugs to Minors in Ohio

Under Ohio law, selling drugs to minors carries a penalty that includes a potential fine of up to $10,000 and a definite prison term of nine, 12, 18, 24, 30, or 36 months.

A conviction for selling drugs to minors can also result in other long-term consequences, including having a criminal record. The stigma of having sold drugs near or to minors can make it challenging for an offender to seek housing, employment, or educational opportunities after release from incarceration.

Factors That Affect Sentencing

Some of the factors that may affect the prison term imposed by the trial court after a conviction for selling drugs to minors include:

• The type and quantity of drugs – courts may impose harsher sentences in cases involving more dangerous drugs, such as fentanyl, or when defendants sold more significant quantities of drugs.
• The defendant’s criminal record
• Whether the defendant sold drugs directly to minors or merely engaged in drug dealing in the vicinity of juveniles or school property
• Other aggravating circumstances, such as a minor suffering severe injuries or a fatal overdose due to drugs sold to them by the defendant

Potential Defenses

Possible defenses to a charge of selling drugs to minors include:

• Lack of proximity to a school or juvenile
• Lack of evidence of the buyer’s age
• Mistaken identity/alibi
• Unconfirmed nature of the sold substance

A defense strategy may also focus on excluding evidence from the prosecution’s case by arguing that investigators obtained that evidence through an unlawful search that violated the defendant’s constitutional rights.

Contact a Criminal Defense Lawyer Today

Selling drugs to minors is serious charge in Ohio, one with equally serious consequences on conviction. The more you know about the potential penalties, the stronger your defense can be. Contact the legal team at DiCaudo, Pitchford & Yoder today for a confidential consultation with a drug defense attorney about your case. We look forward to discussing your concerns with you and explaining how we can help you protect your rights, reputation, and future.