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Drug Charge Lawyer in Cincinnati, OH

Don't let a drug charge define your life. Call (513) 338-1890to schedule a free consultation with LHA.

No matter what was “found” or allegedly in your possession, there’s a lot an experienced Cincinnati drug crime defense attorney can do to help. Talk to lawyer Brad Groene today and don’t make a statement or answer questions without your drug lawyer.

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Lawyer for Cincinnati Drug Charges

Ohio drug charges can have serious consequences, including hefty fines, jail time, and a permanent criminal record. However, you don’t have to face these charges alone or accept the worst-case scenario. With the right legal representation, you may be able to have your charges reduced, dismissed, or negotiate a more favorable resolution.

The Cincinnati drug crime lawyers at Luftman, Heck & Associates offer the experienced and strategic legal defense you need to address drug charges effectively. Contact attorney Brad Groene and LHA at (513) 338-1890 for a free consultation, available 24/7.

Ohio’s Controlled Substance Schedules

First, Ohio categorizes illegal and prescription substances into five schedules. Where the drug in your case falls within these schedules determines the level of the offense.

Schedule I Controlled Substances

These drugs have the highest potential for abuse and no known accepted medical purpose. They include MDMA, Ecstasy, heroin, LSD, PCP, and psilocybin.

Schedule II Controlled Substances

These drugs have a high potential for abuse but have limited medical purposes. They include Adderall, cocaine, codeine, GHB, hydrocodone, methadone, methamphetamines, morphine, opium, oxycodone, and oxymorphone.

Schedule III Controlled Substances

These drugs have a lower potential for abuse and may have medical purposes. They include anabolic steroids, ketamine, and testosterone.

Schedule IV Controlled Substances

These drugs have a lower potential for abuse and medical purposes. They include Xanax, barbital, diazepam, and Ambien.

Schedule V Controlled Substances

These drugs have the least potential for abuse and many medical purposes. They include drugs with small amounts of codeine.

Selling Drugs in Cincinnati

In Ohio, it is illegal to sell any controlled substance unless you are properly licensed and selling to individuals with valid prescriptions. Controlled dangerous substances (CDS) include drugs, such as cocaine or meth, as well as prescription drugs.

The penalties for sale of a controlled substance depend on the amount and type of drug. If you are found selling (or possessing for sale) less than the bulk amount, you will receive a lesser penalty. If you sell the bulk amount or more, you face much harsher punishments. Once you are found to have five, ten, or 100 times the bulk amount, you will be sentenced much more harshly and may even face drug trafficking charges.

That doesn’t mean that you should take charges less seriously if you were arrested for selling less than the bulk amount of a CDS, though. Even a small amount of a Schedule I or II drugs can lead to fourth-degree felony charges, which will be punished by a fine of up to $5,000 and at least six months in jail or up to 18 months in prison. Even worse, the most dangerous drugs or large amounts can lead to first-degree felony charges, which can lead to $20,000 in fines and up to 11 years in prison.

Common Drug Charges in Cincinnati, Ohio

There are several types of drug crimes in Ohio, and each can lead to different penalties depending on the facts of the case. Below is a list of different crimes that our drug defense attorneys handle, and what’s usually involved.

Drug Possession

Drug possession arrests are common, but the penalties can be severe. Ohio Revised (ORC) 2925.11 covers prescription meds, illegal drugs and their potential punishments. Keep in mind you can face felony charges for some schedule I or II drugs even if you didn’t allegedly have a bulk amount.

Possession with the Intent to Sell / Distribute

If there is evidence you possessed drugs and intended to sell or distribute them; you can be charged with possession with the intent to distribute. Typically, federal agents or the police determine “intent to distribute” based on larger than normal quantities of a drug.

Drug Manufacturing

Drug manufacturing is a broad offense encompassing growing marijuana, cooking meth, and more. The penalties are steep for this felony, and you face years in prison, expensive fines, a driver’s license suspension, and other long-term consequences.

Drug Trafficking

It’s illegal to distribute or transport drugs across state lines or in Ohio. The degree of drug trafficking charge depends on the amount of drugs in question. It can be a misdemeanor charge or a felony charge.

Possession of Marijuana

Adults 21 and older can legally purchase and possess cannabis for recreational use in Ohio with specific limits. Cultivation is also allowed, but public consumption is still illegal. Marijuana remains prohibited under federal law, and driving under the influence or unlicensed sales are criminal offenses.

Trafficking Marijuana

The selling, shipping, or delivering of unregulated marijuana is illegal despite it being legal for recreational use in Ohio. However, to convict you, the prosecution must prove you knowingly possessed marijuana with the intention to sell.

Illegal Cultivation & Growing of Marijuana

Adults 21 and older can legally grow up to 6 marijuana plants per person (12 per household), but there are restrictions. Growing marijuana outside of these guidelines can still be charged be a misdemeanor or a felony, depending on the amount.

Illegal Possession of Chemicals

Ohio revised its drug laws in 2002 to address illegal possession of chemicals and curb meth manufacturing. Possession of more than is legally specified of certain precursor chemicals raises a red flag, and law enforcement may investigate you.

Possession of Drug Paraphernalia

You don’t have to possess drugs to be charged with possession of drug paraphernalia. However, these charges are often brought at the same time. Paraphernalia includes bongs, syringes, scales, measuring instruments, certain types of containers, and much more.

Penalties for Cincinnati Drug Offenses

Once you know the level of drug charge, you can consider the potential penalties. Keep in mind that you may face a harsher sentence if there are aggravating factors, such as being in a school zone or having a weapon at the time.

Minor Misdemeanor: Fine of up to $150
Fourth-Degree Misdemeanor: Up to 30 days in jail and a fine of up to $250
Third-Degree Misdemeanor: Up to 60 days in jail and a fine of up to $500
Second-Degree Misdemeanor: Up to 90 days in jail and a fine of up to $750
First-Degree Misdemeanor: Up to 180 days in jail and a fine of up to $1,000
Fifth-Degree Felony: Up to 12 months in prison and a fine of up to $2,500
Fourth-Degree Felony: Up to 18 months in prison and a fine of up to $5,000
Third-Degree Felony: Up to five years in prison and a fine of up to $10,000
Second-Degree Felony: Up to eight years in prison and a fine of up to $15,000
First-Degree Felony: Up to 11 years in prison and a fine of up to $20,000

These are only the terms of incarceration and fines. You also could be sentenced to probation, mandatory drug treatment, and a driver’s license suspension.

Defenses Against Drug Charges in Ohio

A criminal charge is a long way from a conviction, which is why you can and should fight the charges. Mistakes are made in drug cases every day, and the best-case scenario is getting the charges dismissed.

Even if that’s not possible, you can secure more appropriate and lenient charges. In some cases, it’s possible to avoid jail if you are willing to go through substance abuse treatment or a diversion program.

Challenge the Search/Probable Cause
Refute the Amount in Question
Highlight Flaws in the Case
Demonstrate the Evidence is Faulty
Argue that the Drugs Were Never in Your Possession

To take full advantage of your options in a drug case, contact a Cincinnati drug attorney at Luftman, Heck & Associates. We’ll help you navigate the drug court process. We know that appearing in court is intimidating, but we’ll do the talking and help find the best possible outcome.

Frequently Asked Drug Crime Questions

Here are the most common questions we get regarding drug charges in the area:

What Are the Penalties for Drug Possession in Ohio?

The penalties for drug possession in Ohio depend on the type and amount of the drug involved. For small amounts of marijuana, it may be a misdemeanor with fines, while possession of larger amounts or harder drugs like cocaine or heroin can result in felony charges, significant jail time, and hefty fines. An attorney can help minimize the impact.

Can I Be Charged with a Felony for Drug Possession?

Yes, in Ohio, drug possession can be charged as a felony if you’re caught with larger quantities or certain controlled substances like cocaine, heroin, or methamphetamine. Felony drug charges carry more severe penalties, including prison time and long-term consequences for your record.

What Should I Do If I Was Arrested for Drug Possession?

If arrested for drug possession, remain calm and do not say anything incriminating to law enforcement. Contact a criminal defense attorney as soon as possible to protect your rights, review the charges, and begin building a defense strategy.

What Is Ohio’s Good Samaritan Law?

Ohio’s Good Samaritan Law provides limited immunity from prosecution if you seek medical assistance for someone experiencing a drug overdose. This law is meant to encourage calling 911 in overdose situations, though there are restrictions.

Can a Drug Charge Affect My Employment?

Yes, a drug conviction can affect your employment opportunities, especially if it involves a felony. A conviction may show up in background checks, potentially limiting your ability to obtain jobs, professional licenses, or housing. Seeking an expungement with a lawyer’s help could mitigate the long-term impact.

Can You Get Drug Charges Dismissed in Cincinnati?

When you’re facing drug charges in Hamilton County, your first question is probably, “How do I beat the charges?” The answer is by calling a Cincinnati drug lawyer as soon as possible you stand a much better chance.

When the evidence is weak and there’s an argument to be made in your favor, you can definitely get drug charges dismissed.

By working with an experienced drug defense attorney early, you have someone to investigate your case and carefully review the evidence. That is how you assess your best option, whether that’s to pursue a dismissal, accept a plea, or fight for an acquittal.

Read some tips on how our drug charge lawyers work to get criminal charges dismissed.

How is Evidence Suppressed in Cincinnati Drug Cases?

We thoroughly review how law enforcement agents or officers obtained evidence against you. We know you may have been stopped in public or pulled over while driving. In other cases, officers or agents may have investigated you for a time before obtaining an arrest warrant.

Whatever the circumstances, we review whether officers or agents violated any of your rights in obtaining the evidence. If we find an officer violated your rights during a stop, arrest, or investigation, we’ll move to have that evidence suppressed. By limiting the evidence the prosecution has against you, we weaken their case and strengthen your defense.

Am I Eligible for Drug Court?

If you’re charged with a fourth or fifth-degree felony drug crime, your case may go to Cincinnati’s Drug Court, which provides specialized treatment and supervision. The Drug Court is part of the Hamilton County Court of Common Pleas. It was the first drug court in Ohio, and now it’s the only full-time drug court in the state.

The purpose of Drug Court is to get you the treatment you need to get better. You may be eligible if, in addition to a felony 4 or 5 level offense, you also have no felony convictions for violence and no history of drug trafficking. Other factors can exclude you, too, such as a previous sex crime conviction or a previous offense involving a weapon.

Can I Expunge a Drug Charge in Ohio?

A drug conviction can make life hard long after you complete your sentence; however, there’s still hope. You may be able to wipe it from your record. You may be eligible to have a previous drug conviction expunged after a waiting period:

Misdemeanors: One year
One Felony: Three years
Two Felonies: Four years
Three, Four, or Five Felonies: Five years

Other eligibility requirements are complicated. For example, any felony conviction has to be non-violent, not involve a sex crime, and not involve a minor.

You also can have your record expunged if you weren’t convicted. If your charges were dismissed or you were acquitted, there’s still a record of the case. You should talk with a lawyer about getting that record expunged ASAP.

Call Our Cincinnati Drug Crime Lawyers Today

Whether this is your first time facing a drug charge or you’ve dealt with the courts before, you need to build a strong defense. That means working with an experienced Cincinnati drug lawyer as soon as possible.

Attorney Brad Groene and the entire team at Luftman, Heck, & Associates have a successful track record in drug cases and are ready to get behind you. The decision to work with a lawyer early and address Cincinnati drug charges head on may be the difference in your ability to put it behind you.

Call LHA at (513) 338-1890 or email advice@cincinnaticriminalattorney.com to schedule a 100% free consultation.