Federal Drug Crimes
Most people who are arrested for crimes relating to controlled substances in Ohio are taken into custody by local law enforcement and are tried in state courts, but it is important to remember that virtually any illegal drug charge is also a federal drug crime. Federal charges typically result from arrests made by federal agents or with the help of federal agencies.
Federal drug charges are much more serious than those on the state level because the possible penalties are typically far more severe. Depending on the specific amount and type of a controlled substance involved in an alleged offense, a person could possibly be subject to an incredibly harsh mandatory minimum prison sentence that judges and prosecutors may be powerless to reduce.
Lawyer for Federal Drug Crimes in Columbus, OH
Were you arrested or indicted, or do you think you might be under federal investigation for any kind of alleged drug crime in Central Ohio? You should not say anything to authorities without legal representation. Contact Joslyn Law Firm as soon as possible.
Columbus criminal defense attorney Brian Joslyn represents clients all over Delaware County, Fairfield County, Franklin County, Licking County, Madison County, Pickaway County, and Union County. Call (614) 444-1900 today to have our lawyer review your case and answer all of your legal questions during a free, confidential consultation.
Overview of Federal Drug Crimes in Ohio
- How does the federal government categorize different kinds of illegal drugs?
- What are some of the specific drug crimes people might be accused of?
- Where can I find more information about federal drug crimes in Columbus?
Federal Drug Schedules in Franklin County
Federal drug policy is established under the Controlled Substances Act (CSA). The CSA created five different classifications for illegal drugs called schedules, depending upon a controlled substance’s acceptable medical use and its abuse or dependency potential.
Drug schedules can have an enormous impact on sentencing in some cases, and the five drug schedules under the CSA are defined as follows:
- Schedule I — Drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse. Examples include 3,4-methylenedioxymethamphetamine (MDMA, Ecstasy, or Molly), gamma-Hydroxybutyric acid (GHB), heroin, lysergic acid diethylamide (LSD), marijuana, mescaline, methaqualone, and peyote.
- Schedule II — Drugs, substances, or chemicals with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Examples include cocaine, Dexedrine, fentanyl, hydromorphone (Dilaudid), meperidine (Demerol), methamphetamine, methylphenidate (Ritalin), morphine, opium, and oxycodone (OxyContin, Percocet).
- Schedule III — Drugs, substances, or chemicals with a moderate to low potential for physical and psychological dependence. Examples include anabolic steroids, ketamine, and products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine).
- Schedule IV — Drugs, substances, or chemicals with a low potential for abuse and low risk of dependence. Examples include alprazolam (Xanax), carisoprodol (Soma), diazepam (Valium), and lorazepam (Ativan).
- Schedule V — Drugs, substances, or chemicals with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Examples include cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC), diphenoxylate (Lomotil), and pregabalin (Lyrica).
Federal Drug Trafficking Penalties in Columbus
Alleged offenders may face federal charges for any one of a number of drug crimes, ranging from possession to distribution to manufacturing to cultivation. Certain cases may also involve charges of delivery, smuggling, or fraud, and conspiracy charges are especially common in federal courts.
In many federal drug cases, alleged offenders will be accused of drug trafficking because the violations typically involve alleged possession of more than a certain amount. Drug trafficking offenses carry steep penalties, including possibly mandatory minimum sentences for certain kinds of controlled substances.
The current penalties for federal drug trafficking convictions are as follows:
Controlled Substance | Amount | Fine | Prison Sentence |
Cocaine | 500-4,999 grams | First Offense: Mandatory minimum of five years up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum of 20 years up to life in prison. Second Offense: Mandatory minimum of 10 years up to life in prison. If case involves death or serious bodily injury, life sentence. | First Offense: Up to $5 million for individuals, $25 million for non-individuals. Second Offense: Up to $8 million for individuals, $50 million for non-individuals. |
Cocaine base | 28-279 grams | ||
Fentanyl | 40-399 grams | ||
Fentanyl analogue | 10-99 grams | ||
Heroin | 100-999 grams | ||
LSD | 1-9 grams | ||
Pure methamphetamine | 5-49 grams | ||
Methamphetamine mixture | 50-499 grams | ||
Pure PCP | 10-99 grams | ||
PCP mixture | 100-999 grams | ||
Cocaine | 5 kilograms or more | First Offense: Mandatory minimum of 10 years up to life in prison. If case involves death or serious bodily injury, mandatory minimum of 20 years up to life in prison. Second Offense: Mandatory minimum of 20 years up to life in prison. If case involves death or serious bodily injury, life sentence. Third or Subsequent Offense: Life in prison. | First Offense: Up to $10 million for individuals, $50 million for non-individuals. Second Offense: Up to $20 million for individuals, $75 million for non-individuals. Third or Subsequent Offense: Up to $20 million for individuals, $75 million for non-individuals. |
Cocaine base | 280 grams or more | ||
Fentanyl | 400 grams or more | ||
Fentanyl analogue | 100 grams or more | ||
Heroin | 1 kilogram or more | ||
LSD | 10 grams or more | ||
Pure methamphetamine | 50 grams or more | ||
Methamphetamine mixture | 500 grams or more | ||
Pure PCP | 100 grams or more | ||
PCP mixture | 1 kilogram or more | ||
Other Schedule I and Schedule II Substances | Any amount | First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison. Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment. | First Offense: Up to $1 million for individuals, $5 million for non-individuals. Second Offense: Up to $2 million for individuals, $10 million for non-individuals. |
Any drug product containing gamma-Hydroxybutyric acid (GHB) | Any amount | ||
Flunitrazepam | 1 gram or more | ||
Other Schedule III Drugs | Any amount | First Offense: Up to 10 years in prison. If case involves death or serious bodily injury, up to 15 years in prison. Second Offense: Up to 20 years in prison. If case involves death or serious bodily injury, up to 30 years in prison. | First Offense: Up to $500,000 for individuals, $2.5 million for non-individuals. Second Offense: Up to $1 million for individuals, $5 million for non-individuals. |
All other Schedule IV Drugs (other than one gram or more of Flunitrazepam) | Any amount | First Offense: Up to five years in prison. Second Offense: Up to 10 years in prison. | First Offense: Up to $250,000 for individuals, $1 million for non-individuals. Second Offense: Up to $500,000 for individuals, $2 million for non-individuals. |
All Schedule V Drugs | Any amount | First Offense: Up to one year in prison. Second Offense: Up to four years in prison. | First Offense: Up to $100,000 for individuals, $250,000 for non-individuals. Second Offense: Up to $200,000 for individuals, $500,000 for non-individuals. |
1,000 kilograms or more marijuana mixture, or 1,000 or more marijuana plants | First Offense: Mandatory minimum of 10 years up to life in prison. If case involves death or serious bodily injury, mandatory minimum of 20 years up to life in prison. Second Offense: Mandatory minimum of 20 years up to life in prison. If case involves death or serious bodily injury, life sentence. | First Offense: Up to $10 million for individuals, $50 million for non-individuals. Second Offense: Up to $20 million for individuals, $75 million for non-individuals. | |
Marijuana | 100 to 999 kilograms marijuana mixture, or 100 to 999 marijuana plants | First Offense: Mandatory minimum of five years up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum of 20 years up to life in prison. Second Offense: Mandatory minimum of 10 years up to life in prison. If case involves death or serious bodily injury, life sentence. | First Offense: Up to $5 million for individuals, $25 million for non-individuals. Second Offense: Up to $8 million for individuals, $50 million for non-individuals. |
Marijuana | 50 to 99 kilograms marijuana mixture, or 50 to 99 marijuana plants | First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison. Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment. | First Offense: Up to $1 million for individuals, $5 million for non-individuals. Second Offense: Up to $2 million for individuals, $10 million for non-individuals. |
Hashish | More than 10 kilograms | ||
Hashish Oil | More than 1 kilogram | ||
Marijuana | Less than 50 kilograms marijuana (Not including 50 or more marijuana plants, regardless of weight), or 1 to 49 marijuana plants | First Offense: Up to five years in prison. Second Offense: Up to 10 years in prison. | First Offense: Up to $250,000 for individuals, $1 million for non-individuals. Second Offense: Up to $500,000 for individuals, $2 million for non-individuals. |
Hashish | 10 kilograms or less | ||
Hashish Oil | 1 kilogram or less |
Ohio Resources for Federal Drug Crime Charges
United States Drug Enforcement Administration (DEA) — The mission of the DEA is to “enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States.” On this website, you can learn more about drug scheduling, find drug fact sheets, and find a link to view the entire CSA. You can also find information about the DEA’s Community Outreach, Office of Diversion of Control, and other programs.
United States Drug Enforcement Administration
500 S Front St # 612
Columbus, OH 43215
(614) 255-4200
State of Ohio Board of Pharmacy — The State of Ohio Board of Pharmacy is charged under the Ohio Revised Code with investigating and presenting evidence of violations of any of the federal or state drug laws by any person to the appropriate court. On this website, you can learn more about the Ohio Automated Rx Reporting System (OARRS), Shared Prescription Investigation Deconfliction Resource (SPIDR), and National Forensic Laboratory Information System (NFLIS). You can also view board laws and rules as well as State of Ohio Board of Pharmacy documents such as meeting notes, notices, reports, guidance documents and news releases.
State of Ohio Board of Pharmacy
77 South High Street, 17th Floor
Columbus, OH 43215
(614) 466-4143
Joslyn Law Firm | Columbus Federal Drug Crimes Lawyer
If you believe that you could be under investigation or you have already been indicted or arrested for a federal drug offense in Central Ohio, it will be in your best interest to make sure that you have legal counsel capable of fighting to get the criminal charges reduced or dismissed. Joslyn Law Firm aggressively defends clients throughout Franklin County, including Bexley, Dublin, Gahanna, Grove City, Hilliard, Reynoldsburg, Upper Arlington, Westerville, Whitehall, Worthington, and several surrounding areas.
Brian Joslyn is a skilled criminal defense attorney in Columbus who is admitted to the United States District Court for the Northern District of Ohio and United States District Court for the Southern District of Ohio. You can have him provide an honest and thorough evaluation of your case when you call (614) 444-1900 or submit an online contact form to schedule a free initial consultation.
