Cocaine Possession
Cocaine possession is a criminal offense that is prosecuted as possession of a controlled substance under Ohio law. Depending upon the amount of cocaine that an individual is in possession of, their offense can be graded as a felony of the first, second, third, fourth, or fifth degree.
If you are facing a cocaine possession charge in Ohio, you need a skilled legal team that can help fight for your rights. Cocaine possession can result in steep fines and years of incarceration. A conviction can also lead to serious repercussions and affect your professional life for a very long time. Don’t tackle this legal challenge alone. Instead, contact Joslyn Law Firm.
Ohio Cocaine Possession Attorney
The State of Ohio has some of the strictest drug possession laws in the country. If you have been charged with cocaine possession, the first thing you should retain is an experienced criminal attorney who is well versed in drug laws. Joslyn Law Firm has years of experience defending individuals in Ohio charged with drug possession charges. Allow our attorneys to preserve your future.
To schedule your first consultation, take action and call (614) 444-1900 today. If you have been charged with cocaine possession in Franklin County, or any of the surrounding counties in Ohio, including Pickaway County, Madison County, Delaware County, Licking County, or Fairfield County, contact Joslyn Law Firm.
Information Center
- Penalties for Cocaine Possession
- Statute Of Limitations
- Defenses for Cocaine Possession
- Additional Resources
Penalties for Cocaine Possession
As stated previously, a person can be charged with a first, second, third, fourth, or fifth-degree felony for possessing cocaine. The punishments for each felony degree vary:
- Possession of fewer than five grams of cocaine is graded as a felony of the fifth degree and is punishable by sentencing to a community control sanction or a combination of community control sanctions.
- Possession of more than five grams of cocaine but fewer than 10 grams of cocaine is graded as a felony of the fourth degree and is punishable by sentencing to a community control sanction or a combination of community control sanctions.
- Possession of more than 10 grams of cocaine but fewer than 20 grams of cocaine is graded as a felony of the third degree and is punishable by a rebuttable presumption in favor of imposing a prison term as opposed to a community control sanction or combination of community control sanctions.
- Possession of more than 20 grams of cocaine but fewer than 27 grams of cocaine is graded as a felony of the second degree and is punishable by a mandatory prison sentence in addition to other penalties.
- Possession of more than 27 grams of cocaine but fewer than 100 grams of cocaine is graded as a felony of the first degree and is punishable by a mandatory prison sentence in addition to other penalties.
- Possession of more than 100 grams of cocaine is graded as a felony of the first degree and is punishable as a “major drug offense.”
Concerning sentencing of fourth and fifth-degree felony possession of cocaine, community control sanctions are punishments that do not require a term of at least one year in prison. Instead, a judge may impose one or more community control sanctions if an individual is found guilty of cocaine possession of the fourth or fifth degree. These community control sanctions may include (but are not necessarily limited to):
- A term of up to six months at a county community-based correctional facility
- A term of up to six months in a jail
- A term of residence in a halfway house
- A term of residence in an alternative residential facility
- A term of community service of no more than five hundred hours
- A term of house arrest with or without electronic monitoring
- A term in a drug treatment program with a level of security as determined by the court
- A term of intensive probation supervision
- A term of basic probation supervision
- A term of monitored time
- A term of drug and alcohol use monitoring that includes random drug testing
- A term of imposed curfew
- A requirement that the offender obtain employment
- A requirement that the offender obtain education or job training
- For a felony of the fourth degree, a fine of not more than five thousand dollars paid to the state
- For a felony of the fifth degree, a fine of not more than two thousand five hundred dollars paid to the state
- Reimbursement of any or all of the costs of sanctions incurred by the government, including the costs of implementing community control sanctions
Statute Of Limitations
The statute of limitations for cocaine possession is six years from the date of the alleged possession. Prosecutors are not empowered to charge an individual with possession of a controlled substance after the statute of limitations period has run.
Defenses for Cocaine Possession
If the cocaine in question was discovered or taken in violation of the alleged offender’s Fourth Amendment right against unlawful search and seizure, the evidence that those drugs were found in the individual’s possession might be excluded at trial. If the prosecution cannot make their case without this evidence, they will likely drop the possession charges against the individual. If drug evidence relevant to the case is not handled in accordance with chain of evidence protocol, the evidence could be excluded at trial as well.
It is possible to raise a successful defense against cocaine possession by proving that the drugs did not belong to the accused, nor did the accused have reason to know that they were in their possession unknowingly. Similarly, it is possible to prove through crime lab analysis that the substance in question was not cocaine. Disproving core elements of a prosecutor’s case is rare but not unheard of.
When law enforcement goes so far as to harass an individual or to threaten them into committing a drug crime, it may be possible to argue a defense of entrapment successfully.
Additional Resources
Drug Offense Reference Guide – This reference guide, published by the Ohio Criminal Sentencing Commission, lists the grading of drug offenses involving possession, trafficking, and manufacture and cultivation. Each grade corresponds to a drug and the amount of the drug in question and also lists corresponding judicial guidance for each offense that affects the ways in which such cases must be decided.
Controlled Substance Offense Guide for Immigrants – Conviction of drug offenses affects immigrants in unique ways. This resource offers helpful guidance for immigrants concerned about the risk of being deported as a result of a drug conviction.
Ohio Cocaine Possession Lawyer | Joslyn Law Firm
If you have been arrested for a cocaine possession in Ohio, you need to seek help from an experienced lawyer immediately. At Joslyn Law Firm, our drug crime lawyers have years of experience fighting hard for our clients throughout the criminal justice process. We will thoroughly investigate your case and form a strong defense.
Contact the Joslyn Law Firm at (614) 444-1900 to schedule a consultation about your cocaine possession charge in Franklin County and surrounding counties of Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County, OH. Our attorneys will help you achieve a peace of mind.
