Synthetic Marijuana and Bath Salts Banned in Ohio
As of October 17, 2011, two new drugs are illegal in the state of Ohio - synthetic marijuana and the hallucinogenic stimulant commonly known as "bath salts." Both drugs could previously be purchased legally at retail stores.
Synthetic marijuana is a mixture of common herbs sprayed with chemicals designed to imitate the effects of marijuana. It is commonly marketed as incense and sold under brand names including K2, Spice and Hammerhead. Its side effects are thought to be more dangerous than those of natural marijuana.
Bath salts are sold in crystalline or powder form and are designed to simulate a combination of the stimulant effects of cocaine and ecstasy with the hallucinogenic effects of PCP and LSD. They have been blamed for causing violent outbursts and paranoid behavior in users. Abusive use has also been linked with significant health issues.
Under Ohio law, sale or possession of small amounts of synthetic marijuana will be prosecuted as a minor misdemeanor. However, sale or possession of amounts over 200 grams is a felony.
The sale or possession of any amount of bath salts is a felony.
Ohio Drug Penalties
Generally speaking, under Ohio law, the sale or possession of any amount of a controlled substance is a felony punishable by a minimum six month prison term and a $2,500 fine. The penalties increase with the quantity of the drug, up to 10 years in prison and a $20,000 fine for a single charge.
However, the penalties for marijuana possession are lower. The possession of less than 100 grams of marijuana is a minor misdemeanor that carries a $150 fine. Possession of 100 to 200 grams of marijuana is a fourth degree misdemeanor punishable by incarceration for up to 30 days and a $250 fine. The sale of any amount of marijuana is a felony under Ohio law.
Federal Drug Penalties
All drug offenses are considered both state and federal crimes. Defendants may find themselves facing federal charges if they were, for example, caught with drugs in a national park or arrested in a DEA bust. Defendants may also face federal charges if they are implicated by another person in a federal investigation.
Federal drug penalties are more severe than those under Ohio law. A first offense for possession of any amount of any drug carries a minimum one-year prison sentence and a $1,000 fine. Subsequent offenses carry higher penalties.
Federal penalties for drug trafficking are very severe - they range from a maximum of five years and a $2 million fine for a first offense of trafficking up to 999 kilograms of marijuana to mandatory life imprisonment for multiple offenses involving heroin, LSD, methamphetamine or PCP.
If you or someone you love has been charged with a state or federal drug crime, you need the help of a skilled and experienced attorney. Contact an Ohio criminal defense attorney who can help you protect your rights.