Drug Possession

Marijuana and Heroin

Ohio Revised Code Definition

No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog.

My Definition of Drug Possession

No one can use or knowingly have in their possession a substance defined as a drug that is illegal such as marijuana and heroin.

Sentence

Heroin

Amount: Up to 1 gram

Charge: 5th degree felony

Penalty: 6-12 months in prison and $2,500 in fines


1 to < 5 grams

4th degree felony

6- 18 months in prison and $5,000 in fines


5 to < 10 grams

3rd degree felony

1-5 years in prison and $10,000 in fines


10 to < 50 grams

2nd degree felony

2-8 years in prison and $15,000 in fines


50 to <250 grams

1st degree felony

3-10 years in prison and $20,000 in fines


250 grams or more

1st degree felony

3-10 years in prison and $20,000 in fines


Marijuana (grams)

Amount: 100 – 199

Charge: M4

Penalty: up to 30 days in jail and $250 in fines


200 – 999

F5

6-12 months in prison and $2,500 in fines


1000 – 4,999

F3

1-5 years in prison and $10,000 in fines


5000 – 19,999

F3

1-5 years in prison and $10,000 in fines


320,000 – 39,999

F2

2-8 years in prison and $15,000 in fines


More than 40,000

F2

2-8 years in prison and $15,000 in fines


http://attorneyadamburke.com/ohio-felony-drug-possession-charges-and-penalties/

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Landmark Case- People v. Colvin (2012)

The landmark case, People v. Colvin in 2012 made it legal for medical marijuana dispensaries to set up storefront shop in Los Angeles and throughout California. The court ruled in favor of Colvin in his defense of transporting 1 pound of marijuana from one dispensary to another under the Medical Marijuana Program Act in the California Health and Safety Code 11362.775.

http://www.lentzlawfirm.com/practice-areas/marijuana/landmark-marijuana-cases/people-v-colvin-2012

How Drug Possession is Defined in Canada

Possession of marijuana (up to 30 gms.) or hashish (up to 1 gm.)
Maximum penalty: 6 mos./$1,000 fine


Possession of marijuana or hashish

Maximum Pentalty: 6 mos./$1,000 – 1st offence; 1 yr./$2,000 – subsequent


Possession of cocaine or heroin

Maximum Penalty: 6 mos./$1,000 – 1st offence; 1 yr./$2,000 – subsequent offence


https://defencelaw.com/penalty-charts/penalties-drug-offences/

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Legal Consequences

A residential facility employee of the Department of Mental Health and Addiction services must report charge, conviction, or guilty plea.