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Miami Valley Law Blog

Thursday, August 16, 2018

An Overview of Possession of a Controlled Substance in Ohio

In Ohio, possession of a controlled substance is defined as knowingly possessing, obtaining, or using a controlled substance. Controlled substances can include medications without prescriptions, prescribed medications, certain chemicals, street drugs, and natural substances. Below is an overview of this crime in Ohio.

What is possession?

One must have actual or constructive possession of a controlled substance in order to be charged with possession of a controlled substance in Ohio.

  • Actual possession - Actual possession refers to having physical possession of a controlled substance on one’s body or in one’s possession.

  • Constructive possession – Constructive possession occurs when:

- An individual is aware that a controlled substance is in his or her vicinity;

- The individual knows the substance is illegal; and

- The controlled substance is in close proximity to the individual.

How are controlled substances classified in Ohio?

In Ohio, controlled substances are classified in the following ways:

  • Schedule I – Schedule I substances are considered the most dangerous controlled substances. These substances have a high potential for abuse and no accepted medical uses. Examples include mescaline, marijuana, morphine, and peyote.

  • Schedule II – Schedule II substances have a high potential for abuse, but they also have limited accepted medical uses. Examples include methadone, codeine, and GHB.

  • Schedule III – Schedule III substances have abuse potential and accepted medical uses. Examples include ketamine, anabolic steroids, and barbituric acid.

  • Schedule IV – Schedule IV substances, like certain Schedule III substances, have abuse potential and accepted medical uses. Examples include Valium, Xanax, and other similar prescription drugs.

  • Schedule V – Schedule V substances are considered the least dangerous of all of Ohio’s controlled substances. Schedule V substances have low abuse potential and are commonly used for medical treatment. Examples include most medications that contain small amounts of narcotics.

Ohio Criminal Defense Attorneys

The conviction of a drug crime in Ohio can result in a number of negative consequences. In fact, there are jurisdictions in Ohio where even a charge of simple possession is punishable by a jail sentence or probation. Therefore, if you’re facing criminal charges of any kind in Ohio, you should strongly consider obtaining the services of an experienced Ohio criminal defense attorney. At Cox Keller Lusardi, our experienced Ohio criminal defense attorneys will work with you to devise the best possible defense strategy for your case. At Cox Keller Lusardi, we regularly represent residents of the Miami Valley region of Ohio who has been charged with crimes, utilizing our extensive criminal defense experience to ensure that each of our clients receive the strongest defense possible. In addition, we understand the terrible anxiety engendered by an arrest and its possible consequences. Therefore, you can count on our experienced criminal defense attorneys to treat you with respect and compassion as we fight for your rights. Contact us to schedule a consultation today.




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