How Does Ohio Classify the Sale of Controlled Substances?
Each state regulates the sale of controlled dangerous substances according to its own set of laws and classifications. Not only does Ohio prosecute for the sale and possession of well-known drugs, like cocaine and heroin, but it also classifies the compounds used to manufacture these drugs as CDS.
If you live in Ohio, you may be prosecuted for a drug offense even if you have not actually manufactured the drug, as long as you possess the ingredients for these drugs. The reason for this classification is that the state attempts to discern intent based on the possession of certain items. This is because lawmakers reason that certain combinations of compounds reflect intent to manufacture and traffic drugs, even if that particular crime has not taken place.
When prosecuting drug offenses, Ohio relies on five schedules to determine the severity of the penalties. These schedules are based on the probability of abuse and addiction, with Schedule I including the most dangerous drugs. The schedules decrease in level of danger, with Schedule V comprising drugs considered the least dangerous and addictive.
Within each schedule, penalties vary depending on the type and amount of each drug, with higher penalties given to those with higher amounts of possession. A measurement known as a “bulk amount” is the standard by which courts determine penalties. The bulk amount is meant to reflect what lawmakers believe is an amount an individual would possess with an intent to distribute the drug. Individuals possessing less than the bulk amount may face lighter consequences. Additionally, if an individual is found to be manufacturing or selling a drug in certain locations, such as near a school or juvenile, the penalties are more severe.
If you are arrested for the possession of sale of CDS in Ohio, consult a skilled Cleveland criminal defense attorney as soon as possible.