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Drug trafficking is a serious offense in the state of Ohio. You may have to spend a significant amount of time in jail and pay a substantial fine if convicted. If you are found to offer, sell, or distribute drugs close to a school or kids, then the offense is treated even more harshly. Laws dealing with drug possession and trafficking can be frightening and confusing, especially in Ohio, thus the best thing you should do is contact a knowledgeable criminal defense attorney.

Ohio Revised Code §2925.03 states it is illegal for any person to knowingly sell or offer to sell a controlled substance, or for an individual to prepare to ship, transport, deliver, or distribute a controlled substance when that individual knows or has reasonable cause to believe the controlled substance is intended for sale by another person. Additionally, Ohio law does not limit a “sale” to drugs exchanged for cash. Any gift, transfer, or barter for a controlled substance will be prosecuted under the law. “Controlled substances” are drugs that are considered harmful to the human body with regular ingestion, like cocaine, hashish or LSD.

Ohio drug trafficking penalties are decided on the basis of the substance you were charged with trafficking, the amount of the drug, and whether the trafficking offenses were near juveniles. Your past criminal record, if any, will also be taken into account for sentencing if you are convicted. Drug trafficking and distribution charges can range from fifth- to first-degree felonies depending on the specific circumstances, punishable by:

  • Fifth-degree felony: Six to 12 month in prison, up to $2,500 fine
  • Fourth-degree felony: Six to 18 months in prison, up to $5,000 fine
  • Third-degree felony: One to five years in prison, up to $10,000 fine
  • Second-degree felony: Two to eight years in prison, up to $15,000 fine
  • First-degree felony: Three to 11 years in prison, up to $20,000 fine

Additionally, it does not matter whether you knew they were on or near a school or if you knew another person was a minor or that a child could see what was going on. Ohio’s law is written in such a way that if the prosecutor can place the defendant within a certain distance from a school or person younger than 18 years old, then this mitigating factor increases the level of the crime.

The Bottom Line: If you have been arrested on a drug trafficking charge, you need to hire an experienced and aggressive criminal defense attorney to discuss the facts of your case and any options available to you. Call me. 513.260.2099