Drug Offenses: Cocaine
Ohio Criminal Defense Attorneys Will Fight For Your Rights!
Cocaine is a strong stimulant drug that is illegal and criminalized in all 50 states. Possession of cocaine and cocaine trafficking are serious felony drug offenses that can lead to thousands of dollars in fines and years in prison. If you have been charged with a cocaine-related crime, it is important to seek legal counsel and representation as quickly as possible.
Cocaine possession and trafficking charges can disrupt your job, your family, and your entire life. Here at Steven S. Nolder Law Firm, we have decades of experience working with individuals of all walks of life on their cocaine-related charges. Our attorneys will fight for your rights and give you the resources you need to stay strong and informed throughout the entire legal process.
Read on and learn more about Ohio cocaine laws below, and contact our firm at (614) 221-9790 today!
Cocaine possession is a felony in the state of Ohio under the Ohio Rev. Code 2925.11(C)(4). If you are charged with cocaine possession, a prosecutor must prove, beyond the reasonable doubt, all of the three following facts:
- You possessed cocaine on your person, property, or elsewhere;
- You knew that the substance in your possession was cocaine; and
- You intended to possess cocaine
As suggested above, “possession” of cocaine can be defined in multiple ways. There is clear-cut actual possession, where cocaine is found on your person. There is also constructive possession, where cocaine is found on your property, or even in the hands of another individual that you entrusted to hold it. Penalties for cocaine possession are determined by the amount of cocaine in question and are outlined below.
- Less than 5 grams: 5th degree felony punishable by 6-12 months in prison (in favor of community control)
- 5-10 grams: 4th degree felony punishable by 6-18 months in prison (in favor of community control)
- 10-20 grams: 3rd degree felony punishable by 9 months – 3 years in (in favor of community control)
- 20-27 grams: 2nd degree felony punishable by 2-8 years (mandatory) in prison
- 28-99 grams: 1st degree felony punishable by 3-11 years (mandatory) in prison
- 100 grams or more: Major drug offense (MDO), punishable by 11 years in prison (mandatory)
The state of Ohio defines drug trafficking as selling, offering, or packaging for delivery a “controlled substance,” as stipulated by the Ohio Revised Code. “Controlled substances” are classified under five schedules, with I being the most severe and V being the least severe. Trafficking cocaine is typically a Level I felony, though the severity of the charges decreases if less substance is found.
A brief breakdown of cocaine trafficking penalties is outlined below.
- <5 grams: 5th degree felony, 6-12 months in prison (in favor of community control)
- 5 – <10 grams: 4th degree felony, 6-18 months in prison (in favor of community control)
- 10 – <20 grams: 3rd degree felony, 9 months – 3 years in prison (in favor of community control)
- 20 – <27 grams: 2nd degree felony, prison time mandatory, 2-8 years in prison
- 27 – <100 grams: 1st degree felony, prison time mandatory, 3-10 years in prison
- ≥100 grams: 1st degree felony, major drug offense (MDO), 11 years in prison
If you’re charged with: conspiracy to either possess with intent to distribute or conspiracy to distribute cocaine; possession with intent to distribute cocaine; or distribution of cocaine, the amount of cocaine alleged in the indictment will drive the statutory penalties you face. If the grand jury alleges either no quantity or less than 500 grams, the statutory penalty is 0—20 years imprisonment. If the grand jury alleges 500 grams or more, then the statutory penalty is 5—40 years imprisonment. Finally, if the grand jury alleges the quantity was more than 5000 grams, the statutory penalty is 10—life imprisonment.
Charged with a Cocaine Crime? Call Us.
If you have been charged with a cocaine-related crime, our attorneys at the office of Steven S. Nolder Law Firm, LPA are the ones to call. We have decades of experience helping clients with drug related crimes and work diligently to get you the settlement you deserve.