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Wrongful Possession Of A Controlled Substance In Cuyahoga
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State:
Multi-State
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Cuyahoga
Control #:
US-000303
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Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Trafficking, but not simple possession, of a controlled substance is a crime involving moral turpitude (CIMT).
Trafficking in, but not simple possession of, a controlled substance, is a CIMT. Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element.
Simple possession of a controlled substance for personal use or drug use is generally not considered a crime of moral turpitude.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Introduction. On November 7, 2023, Ohio became the 24th state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as An Act to Control and Regulate Adult Use Cannabis. On August 6, 2024, sales began with first dual-use dispensaries opening their doors to recreational consumers.
Schedule V In Ohio, fifth-degree felonies carry six to 12 months in prison. Possessing drugs in Schedules III through V is a first-degree misdemeanor in Ohio for a first offense. First-degree misdemeanors in Ohio carry a maximum penalty of up to 180 days in jail.
Felony convictions in Ohio can result in varying lengths of prison time, depending on the specifics of the case and the substance involved. While the minimum sentence may be up to 12 months, more serious offenses can result in several years of imprisonment. Fines can also be substantial, reaching up to $20,000.
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.