Drug Offenses: Heroin

A Guide from Premier Legal Team in Ohio

As one of the world’s deadliest illegal substances, heroin comes with a high penalty for those found guilty of possessing or trafficking it. If you have been charged with heroin possession or trafficking, it is imperative that you seek professional legal representation as quickly as possible.

Here at Steven S. Nolder Law Firm, our experienced lawyers have over 34 years of experience helping clients across Columbus, OH with their drug-related cases. When you work with us, our experienced legal team will work diligently to give you thorough legal counsel and representation to help you through your difficult case.

We’ve compiled a guide to Ohio state heroin laws, with information regarding heroin possessing and trafficking penalties, as well as how our attorneys can help you with your particular case.

Heroin Possession

If you are caught in possession of heroin in the state of Ohio, you can face thousands of dollars in penalties and up to a decade in prison. See the information below for a quick breakdown of heroin possession penalties based on amount.

  • Up to 1 gram: 5th degree, 6-12 months in prison (in favor of community control)
  • 1 to < 5 gram: 4th degree, 6-18 months in prison (in favor of community control)
  • 5 to < 10 grams: 3rd degree, 9 months to 3 years in prison (in favor of community control)
  • 10 to < 50 grams: 2nd degree, 2-8 years in prison (mandatory).
  • 50 to <250 grams: 1st degree, 3-10 years in prison (mandatory).
  • 250 grams or more: Major drug offense (MDO), 11 years in prison (mandatory).

Heroin Trafficking

In the state of Ohio, drug trafficking is defined 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. The severity of a heroin trafficking conviction is based on the amount of heroin found.

Different amounts with corresponding convictions are detailed below.

  • up to 1 gram: 5th degree (6-12 months)
  • 1 – <5 grams: 4th degree (6-18 months)
  • 5 – <10 grams: 3rd degree, presumption in favor of prison time (9 months – 3 years)
  • 10 – 50 grams: 2nd degree, prison time mandatory (2 – 8years)
  • 50 – <250 grams: 1st degree, prison time mandatory (3-10 years)
  • ≥250 grams: Major drug offense (MDO), maximum prison time (11 years)

Federal Prosecutions

If you’re charged with: conspiracy to either possess with intent to distribute or conspiracy to distribute heroin; possession with intent to distribute heroin; or distribution of heroin, the amount of heroin alleged in the indictment will drive the statutory penalties you face. If the grand jury alleges either no quantity or less than 100 grams, the statutory penalty is 0—20 years imprisonment. If the grand jury alleges 100 grams or more, then the statutory penalty is 5—40 years imprisonment. Finally, if the grand jury alleges the quantity was more than 1000 grams, the statutory penalty is 10—life imprisonment.

Contact Our Firm, Get the Representation You Need

If you have been charged with a heroin-related crime, it is imperative to seek trusted representation as quickly as possible. At Steven S. Nolder Law Firm, LPA, our attorneys have decades of experience helping individuals across Ohio with their drug-related cases. We can get you the counsel and representation you need to get the settlement you deserve.

To schedule, contact our firm at (614) 221-9790 today!

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