Ohio Supreme Court Upholds Higher Penalties for Drug Trafficking
In a unanimous ruling the Ohio Supreme Court ruled that higher penalties for drug trafficking can be imposed even when police never recover any drugs. The justices found that a 2006 case holding that trace amounts of drugs must be present before a court may impose major drug offender (MDO) specification penalties does not apply in drug trafficking cases.
This is a frightening decision in which police can charge a person with drug trafficking along with major drug offender specifications, which provide for 1-10 years in prison in addition to the underlying penalty, for merely offering to sell a large amount of drugs. According to this decision, no drugs need actually be found by police – talk of drugs is enough.