Any type of drug possession charge can cause uncertainty and stress in your life. But what happens when that charge escalates to possession with intent to sell? Now everything has changed. With the possibility of a felony conviction, this offense can follow you for the rest of your life.
If you are in this situation right now, you are not without options. Let’s walk through how Ohio handles drug possession with intent to sell.
The Difference Between Possession vs. Possession with Intent
Under Ohio law, there is a major difference between having drugs on you and being accused of intent to sell or distribute. In some scenarios, possession means you had drugs for personal use. Yes, this is still a serious drug charge, but it is on the lower end of the scale.
However, the stakes are raised if there is evidence that you plan to sell, deliver, or distribute those drugs. With that, you could be charged with a drug trafficking offense under Ohio Revised Code § 2925.03.
You can face more severe penalties. There is also less room for leniency, especially if prosecutors think the activity involved large amounts of drugs, a school zone, or minors.
How Do They Know You “Intended” to Sell?
This is where things get complicated for many defendants. In many cases, no sale actually took place. Often, law enforcement and prosecutors rely on circumstantial evidence to prove intent. This can include:
- Large quantities of drugs, which is more than someone would have for personal use
- Baggies or packaging materials
- Scales or measuring tools
- Large amounts of cash, especially in small bills
In other words, you do not have to be caught in the middle of a drug deal to face these charges. Prosecutors just need enough evidence to argue that distribution was the likely goal.
What to Know About the Charges and Penalties
If you have been charged, the penalties for drug possession with intent to sell can vary. This will depend on:
- The type of drug
- The amount
- The location where the alleged offense took place
Ohio divides drugs into categories called schedules. Schedule I and II substances, such as heroin, cocaine, meth, and fentanyl, are considered the most dangerous and punished the most harshly.
Depending on the category, here are the possible charges:
- Fifth-degree felony: Up to 12 months in prison and $2,500 in fines
- Fourth-degree felony: 6–18 months in prison and up to $5,000 in fines
- Third-degree felony: 9–36 months behind bars, plus up to $10,000 in fines
- Second-degree felony: 2 to 8 years in prison and fines of up to $15,000
- First-degree felony: 3 to 11 years (or more) in prison, with fines up to $20,000
And that’s just the beginning. If the offense took place near a school, involved a minor, or you have had prior felony convictions, the consequences go up even more.
In some cases, Ohio imposes mandatory prison sentences, meaning the judge has limited flexibility, even if they want to be lenient.
What Can You Do About It?
Keep in mind that charges are not the same as convictions. You still have the right to defend yourself. An experienced criminal defense attorney can help you challenge the charges by examining the evidence, questioning how it was obtained, and pushing back against any assumptions about your intent.
Build a Strong Legal Defense in Your Favor
The above is how Ohio handles drug possession with intent to sell. If you or someone you care about is facing drug charges in Ohio, especially allegations involving intent to sell, you need to get legal help right away. These cases move fast, and early legal intervention might make a difference between acquittal or a conviction.
Reach out to Hunt Law LLC. We have an experienced team of criminal defense attorneys who will look over the specifics of your case. If you want to arrange a free consultation, please contact us at 330-469-9836.