How Ohio Law Treats First-Time Offenders in Drug Possession Cases

Ohio’s legal approach to drug offenses, particularly for first-time offenders, is complex and varies depending on the circumstances of the case. In Northeast Ohio, first-time offenders must have the services and advice a Cleveland drug crimes attorney provides.

A first-time drug offense can still result in serious consequences, including prison time, but Ohio has established alternatives to incarceration for eligible first-time offenders in drug possession cases. A Cleveland drug crimes lawyer can explain those alternatives.

What Are the Penalties for First-Time Possession Convictions?

Ohio law classifies drug offenses based on two factors: the type of drug and the quantity involved. Ohio uses the same system as the U.S. Drug Enforcement Administration, which categorizes drugs from Schedule I (most serious) to Schedule V (least serious).

Drug possession charges range from minor misdemeanors to high-level felonies, even for those with no criminal record. The least severe charge is a minor misdemeanor, which applies to possession of small quantities of certain drugs, such as cannabis.

Possessing less than one hundred grams of cannabis is a minor misdemeanor in Ohio and generally does not result in jail time. Penalties are usually limited to a fine, often around $150.

How Are Misdemeanor Drug Possession Charges Handled?

Possession of slightly larger amounts of cannabis (one hundred to two hundred grams) or particular Schedule IV and V drugs is a fourth-degree misdemeanor. Penalties for a fourth-degree misdemeanor conviction may include:

1. up to thirty days in jail
2. a fine of up to $250
3. a driver’s license suspension

How Are Felony Drug Possession Charges Handled?

There are five degrees of felonies in Ohio; a first-degree felony charge is the most severe. Even a small amount of a dangerous drug can prompt a felony charge and, upon conviction, a jail or prison sentence. Penalties increase for larger quantities:

1. Fifth-degree felony: Possession of less than five grams of cocaine or less than ten unit doses of Schedule I or II drugs (like LSD or heroin) is a fifth-degree felony. A conviction may be penalized with up to a year in prison and a fine of up to $2,500.
2. Fourth-degree felony: Possessing five to nine grams of cocaine or ten to fifty unit doses of Schedule I/II drugs is a fourth-degree felony, which carries a prison sentence of up to eighteen months and a fine of up to $5,000 upon conviction.
3. Higher-level felonies: Possessing bulk amounts can prompt first, second, or third-degree felony charges, penalized on conviction with lengthy prison sentences and substantial fines. Possessing over twenty grams of cocaine is an example of a second-degree felony.

Ohio law states that mandatory prison sentences may apply for certain drug offenses, regardless of a defendant’s record. Trafficking and manufacturing charges, as well as drug offenses near schools or involving minors, usually result in prison sentences upon conviction.

Diversion Programs and Sentencing Alternatives

Ohio has alternative sentencing options that focus on rehabilitation in drug possession cases. These programs are usually available to first-time, non-violent offenders to help them avoid jail and a permanent criminal record.

A Cleveland drug crimes attorney can explain how these programs work. Alternative sentencing options include intervention in lieu of conviction (ILC), drug court programs, and pre-trial diversion.

What is Intervention in Lieu of Conviction?

Intervention in lieu of conviction is a pre-trial diversion process that allows individuals to avoid a conviction if alcohol or drugs were a factor in the crime. Eligible offenders cannot have a previous felony conviction and must have a prosecutor’s recommendation.

The ILC process involves:

1. A guilty plea: The offender must plead guilty to the charge, but before imposing a sentence, the court waits to see if the individual completes the program.
2. Assessment and treatment: A professional conducts a drug or alcohol assessment to determine if the offender has a dependency.
3. Community supervision: The offender lives under community supervision (probation) for one to five years. During this time, offenders must comply with all program conditions and attend counseling or support groups.
4. Dismissal of the charge: If the defendant meets the program’s conditions, the court will dismiss the original charge, and the offender will not have a criminal conviction. Failure to comply can result in jail or prison time.

How Do Ohio’s Drug Court Programs Work?

Ohio has also established drug courts in several jurisdictions. Participants in drug court programs, which typically last for a minimum of one year, receive intensive supervision and mandatory substance abuse treatment and testing.

Drug courts are a collaborative effort involving judges, prosecutors, public defenders, and treatment agencies. Upon successful completion of the program, participants have their cases dismissed.

How Does Pre-Trial Diversion Work in Ohio?

Some Ohio jurisdictions offer pre-trial diversion programs for minor drug possession offenses. Pre-trial diversion programs are usually available to defendants with minor or fourth-degree misdemeanor charges.

Like ILC, pre-trial diversion programs require defendants to satisfy certain conditions, such as completing community service or attending a drug education class. If the defendant is successful, the charges are dismissed, and the individual avoids a conviction.

What Are the Long-Term Consequences of a Conviction for Drug Possession?

Even a misdemeanor drug possession conviction can create considerable barriers to employment, housing, and financial aid. A drug possession conviction can also trigger a driver’s license suspension.

Ohio allows eligible individuals to seal or expunge their criminal records. Completion of an ILC program, for example, results in the dismissal of the charge, and the offender may then be eligible to seal the arrest record.

Not all drug convictions are eligible for sealing. First- and second-degree felonies are generally ineligible. The court also considers the nature of the offense, the offender’s age, and any rehabilitation efforts before granting an expungement.

Take Your Possession Case to Watson Kuhlman, LLC

Understanding diversion programs can be challenging. In Northeast Ohio, if you are facing a drug possession charge, immediately seek the advice of a Cleveland drug crimes lawyer who can determine the best way to handle your defense.

A drug crimes lawyer at Watson Kuhlman, LLC will bring your drug possession case to its best possible conclusion while protecting your rights at every stage of the criminal justice process.

If you are facing any drug-related criminal charge, call our Cleveland law offices at 216-208-7858 to schedule a no-cost legal consultation and learn how an attorney at Watson Kuhlman, LLC can help.