What Is Aggravated Drug Possession in Ohio?

When an individual is found in possession of large quantities of highly addictive substances – particularly schedule I and II drugs such as cocaine, heroin, LSD and methamphetamine – they are charged with not just drug possession but aggravated drug possession. The latter involves heavier penalties, with a successful conviction potentially leading to substantial fines and prison sentences.

Why are drug laws relevant in personal injury cases? Ohio is one of the states that enables surviving family members to seek civil damages against drug dealers through wrongful death cases. If someone sells or gives your son, daughter or spouse drugs that result in their death, you may be able to pursue damages.

The challenge in these cases can be establishing negligence or recklessness in that the person selling the drugs knew or should have known that the drugs could result in harm or death. The drug dealer may sell to the user on a regular basis without causing death or harm beyond feeding their addiction. It can be necessary to establish the drug dealer had some reason to suspect the drugs they sold would likely result in an overdose – like a drug dealer knowing pills had potentially dangerous levels of fentanyl but selling them anyways.

It's also worth noting that the higher burden of proof in a criminal case can sometimes increase the likelihood of a positive civil outcome for plaintiffs. If someone has been convicted in a criminal trial, it means the evidence against them was strong enough to meet the "beyond a reasonable doubt" standard. This could potentially make it easier to prove a case against the same person in a civil trial, where the standard of proof is lower.

Drug Charge vs. Aggravated Drug Charge

A simple drug charge occurs when an individual possesses a small amount of controlled substances without a valid prescription that could feasibly be consumed by one person. Those convicted may face up to 180 days in prison and a $1,000 fine. Depending on if this is their first offense, Ohio may offer a diversion program as an alternative to address the addiction and substance abuse that led to the criminal charge.

On the other hand, the aggravated possession of drugs involves elements that exacerbate the offense, such as:

• Quantity: Possessing a large amount of controlled substances that exceeds what is typical for personal use.
• Proximity to a School: If one is caught possessing drugs within a certain distance from a school, park or other designated areas, the charge may be elevated.
• Prior Convictions: Prior drug-related convictions can increase the charges.
• Trafficking or Intent to Sell: If there’s evidence that the person intended to distribute or sell the drugs (such as having paraphernalia associated with the sale of drugs, like empty baggies), the charge may become aggravated possession.

Penalties for Aggravated Drug Possession

What specific penalties a person charged with aggravated drug possession will be sentenced to heavily depend on how much of the controlled substance they had on them. These charges generally range from fifth-degree to first-degree felonies, with sentences ranging from six months to 11 years and fines up to $20,000.

What to Do if a Loved One Has Been Injured by Dangerous Drugs

Ohio is a state that has been devastated by the opioid epidemic ravaging the country. Some studies have ranked Ohio second in overdose death rates by population. It’s a unique scourge that doesn’t discriminate between socioeconomics, race or age. Many Ohio families have been directly impacted or know people who have been traumatized by drug abuse.

Losing a loved one is never easy, but losses due to overdose can be particularly traumatic. Some of the most tragic cases occur when young people buy drugs laced with dangerous substances they’re unaware of – like high schoolers who think they’re buying Adderall to stay up late studying when in fact the fake pills they bought contain fentanyl.

If your family has suffered one of these tragedies, it may be worth your time to consult with a wrongful death attorney in Ohio.

Our Team Fights for Families in Ohio After Wrongful Deaths and Drug Injuries 

The attorneys at the Buckeye Law Group understand how painful these situations can be for family members because we’re Ohioans too. We’ve helped many families deal with the tragedies of wrongful death and catastrophic injuries. These cases are not always easy or straightforward, so it may be in your best interest to discuss potential scenarios and options with a lawyer experienced in personal injury, wrongful death and dangerous drug torts.

We’re not afraid to go to court if necessary to defend your interest. To discuss the details of your case with one of our attorneys at no cost, call 1-800-411-PAIN or visit us online today.