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

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 Fairborn, Dayton,Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood,Beavercreek, Centerville 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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While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs.  Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment.  You need an attorney who knows how to fight a drugged driving case.

Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent.  The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment.  Challenging the officer’s observations becomes the focal point of your defense.

The Ohio Revised Code also makes the job hard for police by providing an affirmative defense to prescription drug prosecutions.  It is a valid defense if a person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs, and the person injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions. Id. § 4511.19(K)(1)-(2).

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  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 at 937-776-2671.  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 Facebook and 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. “All I do is DUI”

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Marihuana is illegal in Ohio.  See O.R.C. 2925.11.  While some states have taken steps to legalize, decriminalize or actively not enforce marihuana laws, Ohio maintains criminal penalties for possession of even small amounts of pot.  The Ohio State Highway Patrol has stepped up marihuana enforcement and local police, depending on the jurisdiction, are vigilant in enforcing marihuana laws.  Unlike many other states, Ohio’s penalties are based entirely on weight.  Even a trace amount of a controlled substance may be the basis for a drug abuse conviction. State v. Teamer (1998), 82 Ohio St. 3d 490.

Possession of less than 100 grams is a minor misdemeanor which carries no possibility of jail and a maximum fine of $150.  101 grams to 200 grams of marihuana, if possessed, will result in a 4th degree misdemeanor punishable by a fine of up to $250 and a jail sentence of up to 30 days.  Possessing (which includes holding) over 201 to 999 grams is a fifth degree felony level offense which carries a 6 to 12 months in prison (not jail…prison) and a maximum fine of $2,500.  If caught possession 1000 to 4999 grams you face a third degree felony, a maximum $10,000 fine and anywhere from 1-5 years in prison.  Interestingly, possession 5000-19,999 is also a third degree felony carrying the same potential penalties as possession 1000-4999 grams but many judges sentence offender more harshly at this level of possession.  If a defendant is found with over 20,000 grams he or she faces a mandatory 8 years in prison and a maximum fine of $15,000.  Alleged offenders may face any one or more of the following direct penalties: Jail or prison sentence, Probation or parole, Regular or random drug testing, Fines, Community service, Court-ordered substance abuse treatment, A criminal record, License suspension and untold unexpected consequences from a humiliation, loss of employment to expulsion from school and being barred from subsidized housing.  Even minor drug cases, such as possession of a small amount of marijuana, can prevent you from getting a job, qualifying for student loans or obtaining a weapons permit.  Felony drug offenses also have potential to result in forfeiture of money or property.

2925.11 Possession of controlled substances.

(A) No person shall knowingly obtain, possess, or use a controlled substance.

(C) Whoever violates division (A) of this section is guilty of one of the following:

(3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:

(a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), or (f) of this section, possession of marihuana is a minor misdemeanor.

(b) If the amount of the drug involved equals or exceeds one hundred grams but is less than two hundred grams, possession of marihuana is a misdemeanor of the fourth degree.

Ohio also defines “possession” expansively.  See State v. Mann (1993), 93 Ohio App. 3d 301, 308-309 — “A person has constructive possession of a thing or substance when he is able to exercise dominion or control over it…Ownership of the contraband need not be established. A person may indeed control or possess property belonging to another. The Supreme Court has held that knowledge of illegal good on one’s property is sufficient to show constructive possession….Where the defendant neither owns, leases nor occupies the premises, his mere presence in an apartment in which drugs and criminal tools are found is insufficient evidence of his possession of the contraband…”  According to Ohio Revised Code § 2925, marijuana offenses require merely “knowledge” and “reasonable belief.”

A marijuana arrest and charge does not mean that you will be convicted. There are several defenses to marijuana charges that will result in a dismissal of the charges.  Drug possession charges can be challenged and beaten in court with a variety of legal strategies, including motions to suppress on grounds of illegal search, and a host of other options depending on the facts of your particular case.  If you find yourself facing a drug charge it is vital that you 1) take the charge seriously, and 2) contact a lawyer with the skill and knowledge to defend your case.  We offer free consultations and once we know the facts of your case we can give you a good indication of what type of sentence you face and what we can do to beat the case.  We are former prosecutors and skilled defenders who have built a team of former cops, forensic experts, toxicologists, and medical professionals.  We take our job seriously and we fight.

Charles M. Rowland II dedicates his practice to defending the accused in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  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 at 937-776-2671.  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 Facebook and 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. 

If you get arrested for possession of a controlled substance, 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!

Some of your questions may stem from charges which reference “drug schedules” and “bulk amounts.”  The United States government classifies drugs by “schedule”. This classification system is used to determine the seriousness of your offense and the potential sentence you may be facing. Ohio adopted these schedules in O.R.C. 2925.11.

Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, GHB, and ecstasy.

Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.

Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.

Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.

Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.

How you are charged depends mostly on what controlled substance the government is alleged you possessed.  Ohio drug laws are amazingly complex and you should consult with an attorney about the facts of your case and the specifics of the allegations against you. CAVEAT: Drug laws are complex and change frequently, please talk to an attorney about your case.

Ciminal Defense Attorney Charles M. Rowland II dedicates his practice to defending the accused in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  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 at 937-776-2671.  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 Facebook and 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. “All I do is DUI.”

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While it is well established that alcohol consumption increases accident risk, evidence of marijuana’s culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting.  According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., “Experimental research on the effects of cannabis … indicat[e] that any effects … dissipate quickly after one hour.”  According to the 2004 National Highway Traffic Safety Administration factsheet, Drugs and Human Performance, peak acute effects are typically reached within 10 to 30 minutes after inhalation.

In Ohio, a person is guilty of DUI if he or she operates any vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Ohio Rev. Code Ann. § 4511.19.  In Ohio the threshold for drugged driving is illustrated in the following table. Ohio’s DUI Per Se Levels Id. § 4511.19(A)(1)(vii); Id. § 4511.19(A)(1)(viii)(I)-(II).

The above levels establish a per se level above which a person is considered to be statutorily impaired by marijuana. Ohio’s law represents the imposition of per se laws for drivers who test positive for THC in the blood without additional demonstrable evidence of psychomotor impairment.  Just like with alcohol, the “legal limit” is not linked with any qualities of the individual, including weight, frequency of use, time of last use or the bodies ability to metabolize THC.  The penalties imposed for a violation of the marijuana per se law are equivalent to the penalties for OVI.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  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 at 937-776-2671.  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 Facebook and 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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