Aggravated Drug Trafficking vs. Drug Trafficking in Ohio

February 22nd, 2012 by DaytonDUI Leave a reply »

Because of the high-profile nature of drug offenses, trafficking in drugs has overlapping federal and state jurisdiction.  The Comprehensive Drug Abuse Prevention and Control Act is the legal foundation of “War on Drugs” in the United States. The Act regulates the manufacture, possession, movement, and distribution of drugs in our country. It places all drugs into one of five schedules, or classifications, and is controlled by the Department of Justice and the Department of Health and Human Services, including the Federal Drug Administration.  Ohio law, as set forth below, adopts this drug classification system.  Drug trafficking can be charged as a federal offense, Ohio offense or both a state and federal offense.  In Ohio, O.R.C. 2925.03 prohibits trafficking in drugs.  It provides that,

(A) No person shall knowingly do any of the following:

(1) Sell or offer to sell a controlled substance;

(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person.

Ohio uses “Schedules” to classify drugs. See O.R.C. 3719.41.  Schedule I drugs have the most potential for abuse and no acknowledged medical use in the United States. Drugs in this schedule include heroin, cocaine, marihuana and hashish.  Schedule II drugs include drugs like hydrocodone, opium, methamphetamine and opium which have a great potential for abuse and a minimal medical use.  LSD and pentobarbital have an acknowledged medical use and a lower potential for abuse, thus they are classified as Schedule III drugs.  Schedule IV drugs have a lower potential for abuse than Schedule III drugs and have accepted medical uses in the United States. Examples of controlled substances in this schedule are Xanax and Valium.  Schedule V drugs have a lower chance of abuse than Schedule IV drugs, have a currently accepted medical use in the US, and lesser chance or side effects of dependence compared to Schedule IV drugs.  This schedule includes such drugs as cough suppressants with Codeine. Schedule V drugs are regulated but generally do not require a prescription.

According to Ohio Rev. Code § 2925.03(C)(1), if the offense involves certain controlled substance in Schedule I or II, it is considered aggravated trafficking in drugs.  Drug trafficking, Ohio Rev. Code § 2925.03(C)(2), generally only applies to controlled substances listed in schedules III, IV or V of Ohio’s drug schedule.  The penalty provisions for drug offenses are among the most complicated in the criminal code and require an attorney of sophistication to navigate.  If you get arrested for possession of a controlled substance, aggravated trafficking or any other drug charge, it feels like your world is falling apart.  If you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen.  The first and most important decision you can make at this point is to hire an experienced and competent defender.  Charles M. Rowland II will file a motion to suppress, aggressively prepare for trial and present your best case to the prosecutor.  Preparation leads to better results including dismissal, a reduction in your charge, treatments in lieu of conviction, or an acquittal at trial. CONTACT him here!

Charles M. Rowland II dedicates his practice to defending the accused in FairbornDayton,SpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwood,BeavercreekCenterville and throughout Ohio.  He is counsel to Miami Valley NORML and a speaker for LEAP (Law Enforcement Against Prohibition).  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebookand on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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