(b) Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in cocaine is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. No community addiction services provider shall receive or use money paid or collected in satisfaction of a fine imposed under division (H)(1) of this section unless the services provider is specified in the judgment that imposes the fine. . (g) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds two thousand grams of hashish in a solid form or equals or exceeds four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, trafficking in hashish is a felony of the second degree, and the court shall impose as a mandatory prison term a maximum second degree felony mandatory prison term. 2008) (Ohio conviction for violation of Ohio R.C. According to Ohio Rev. A second offense is a third-degree misdemeanor. Section 2925.03 (C) (1) if the substance is included in schedule I or II. This investigation was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Summit County Drug Unit, the Akron Police Department and the Portage County Drug Unit, with assistance from the U.S. Marshal's Service, the Ohio State Highway Patrol and the Portage County Prosecutor's Office. sell or offer to sell a controlled substance or a controlled substance analog; or. The person trafficks in a scheduled drug with a child who is in fact less than 18 years of age and the drug is: (1) A schedule W drug. (c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten grams but is less than twenty grams, trafficking in a controlled substance analog is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. The Act regulates the manufacture, possession, movement, and distribution of drugs in our country. (D) In addition to any prison term authorized or required by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, and in addition to any other sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may suspend the driver's or commercial driver's license or permit of the offender in accordance with division (G) of this section. Mandatory jail terms, loss of employment, high fines, drivers license suspensions, loss of your vehicle, license reinstatement fees, insurance hikes or inability to get car insurance, points on your license, probation, court costs, and a permanent conviction for drunk driving are all definite possibilities. Shelly Mathias was booked into the Scioto County Jail on charges of aggravated drug trafficking Friday. Mandatory Sentences for Aggravated Trafficking. Ohio Revised Code Section 2925.03 Trafficking, aggravated trafficking in drugs. Statutes. Trafficking in LSD is generally a felony of the fifth degree. In addition, penalties may increase to a 60-day prison sentence, or $500.00 fine, or both, if the trafficking happened near a school. Aggravated Possession of Drugs. 37-year-old Julian Barnett of Canton was arrested and charged with one count of Aggravated Trafficking in Drugs (F1 . in a liquid concentrate, liquid extract, or liquid distillate form and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. Each report received by a court of common pleas, a board of county commissioners, or the attorney general is a public record open for inspection under section 149.43 of the Revised Code. Ohio law views drug crimes that involve minors very seriously. Accordingly, if you are charged with trafficking (i.e., selling, distributing, or offering drugs) within the vicinity of a school, or within the vicinity of at least one minor, then the charge becomes one of aggravated drug trafficking, which is a third-degree felony. Call or request a free quote today to see how we can help you! RYAN MAURICE MINNEY, 26 If the substance is included in schedule III, IV, or V, the alleged crime is considered trafficking in drugs. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of this section, trafficking in cocaine is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Violation of this subparagraph is a Class A crime; According to Ohio Rev. (d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, aggravated trafficking in drugs is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds fifty times the bulk amount, trafficking in drugs is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. The chart below provides a summary of laws related to Ohio's drug distribution laws, including links to important code sections. The drug trafficking ring is alleged to have primarily operated between Cuyahoga and Columbiana counties since 2014. . (b) Except as otherwise provided in division (C)(5)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. In July 2020, the Ohio Senate passed a sentencing reform bill, Senate Bill 3 (SB3), aimed at creating harsher drug trafficking penalties. Kevin "Ock" May: 31-years-old from Columbus, Ohio. (C) Whoever violates division (A) of this section is guilty of one of the following: (1) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II, with the exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, hashish, and any controlled substance analog, whoever violates division (A) of this section is guilty of aggravated trafficking in drugs. You can have a free phone consultation by calling (614) 205-2208 or connecting with Colin . Drugs in this schedule include heroin, cocaine, marihuana and hashish. prepare for shipment, ship, transport, deliver, prepare for distribution, or . (f) If the amount of the drug involved equals or exceeds one thousand unit doses but is less than five thousand unit doses of L.S.D. (H)(1) In addition to any prison term authorized or required by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, in addition to any other penalty or sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, and in addition to the forfeiture of property in connection with the offense as prescribed in Chapter 2981. of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may impose upon the offender an additional fine specified for the offense in division (B)(4) of section 2929.18 of the Revised Code. or a compound, mixture, preparation, or substance containing L.S.D., whoever violates division (A) of this section is guilty of trafficking in L.S.D. { 15} There is no merit in Kloeker's claim of ineffective assistance with respect to his guilty plea to theft. Improperly Handling Firearms in a Motor Vehicle. First, section 2925.03 of the Ohio Revised Code defines drug trafficking as the illegal sale, shipment, transportation, delivery distribution or preparation for distribution of drugs. When the substance involved is a Schedule I or Schedule II drug, the alleged offense is treated as aggravated trafficking. (E) When a person is charged with the sale of or offer to sell a bulk amount or a multiple of a bulk amount of a controlled substance, the jury, or the court trying the accused, shall determine the amount of the controlled substance involved at the time of the offense and, if a guilty verdict is returned, shall return the findings as part of the verdict. First-degree felonies are the most serious offenses, while fifth-degree felonies are the least. Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at trial. If you need advice or representation from a drug possession lawyer who handles drug possession defense work in Columbus and Franklin County, consider reaching out to Colin Maher of The Maher Law Firm. DaytonDUI is also available onFacebookand on the DaytonDUI channel on YouTube. The complexity of Ohio's drug trafficking laws requires the help of criminal defense lawyers with decades of experience and a proven track record of success. In any such case, it is unnecessary to find and return the exact amount of the controlled substance involved, and it is sufficient if the finding and return is to the effect that the amount of the controlled substance involved is the requisite amount, or that the amount of the controlled substance involved is less than the requisite amount. If the amount of the drug involved equals or exceeds two thousand grams of hashish in a solid form or equals or exceeds four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in hashish is a felony of the first degree, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds thirty grams but is less than forty grams, trafficking in a controlled substance analog is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. Section 2925.03. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), (f), (g), or (h) of this section, trafficking in marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Ohio Revised Code / Title 29 Crimes-Procedure / Chapter 2925 Drug Offenses . (10) If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and marihuana, one of the following applies: (a) Except as otherwise provided in division (C)(10)(b) of this section, the offender is guilty of trafficking in marihuana and shall be punished under division (C)(3) of this section. Section 2925.041 - Illegal assembly or possession of chemicals . Except as otherwise provided in division (C)(1)(b), (c), (d), (e), or (f) of this section, aggravated trafficking in drugs is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a . The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. (2) Prior to receiving any fine moneys under division (F)(1) of this section or division (B) of section 2925.42 of the Revised Code, a law enforcement agency shall adopt a written internal control policy that addresses the agency's use and disposition of all fine moneys so received and that provides for the keeping of detailed financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure. (b) Except as otherwise provided in division (C)(9)(c), (d), (e), (f), (g), or (h) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related compound is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Trafficking in spice is generally a felony of the fifth degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in heroin is a felony of the second degree, and there is a presumption for a prison term for the offense. Certain facts will change the level of felony and, therefore, the possible penalties. Schedule V drugs have a lower chance of abuse than Schedule IV drugs, have a currently accepted medical use in the US, and lesser chance or side effects of dependence compared to Schedule IV drugs. is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. (7) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates division (A) of this section is guilty of trafficking in hashish. Luftman, Heck & Associates can help. They will seek and impose maximum sentences. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, trafficking in marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds one hundred unit doses but is less than five hundred unit doses or equals or exceeds ten grams but is less than fifty grams, trafficking in heroin is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. (c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten unit doses but is less than fifty unit doses or equals or exceeds one gram but is less than five grams, trafficking in heroin is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. (b) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. Defenses to Drug . The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(9)(b), (c), (d), (e), (f), (g), or (h) of this section, trafficking in a fentanyl-related compound is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Ohio Drug Trafficking Charges Overview. Drug Manufacturing. (8) If the drug involved in the violation is a controlled substance analog or compound, mixture, preparation, or substance that contains a controlled substance analog, whoever violates division (A) of this section is guilty of trafficking in a controlled substance analog. A search warrant was conducted at 183 Guilkey Road in Bainbridge, Ohio and Rick Kinzer was arrested at the scene. This schedule includes such drugs as cough suppressants with Codeine. (g) If the amount of the drug involved equals or exceeds five thousand unit doses of L.S.D. 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