Possession vs. Trafficking
Drug possession and drug trafficking are different offenses under Ohio law. Possession generally involves knowingly obtaining, having, or using a controlled substance, while trafficking involves conduct such as selling, offering to sell, or distributing drugs intended for sale or resale. The amount of drugs involved can affect the charge’s severity and potential penalties.
If you are facing a drug charge, contact The Law Offices of Saia, Marrocco & Jensen Inc. for legal advice. Our drug crime attorneys in Columbus can examine the evidence and determine whether it supports the specific offense prosecutors have alleged.
Drug Possession and Drug Trafficking Involve Different Conduct
Under Ohio Rev. Code § 2925.11, drug possession involves knowingly using, possessing, or obtaining a controlled substance. Police may allege possession when they find drugs on someone or in a place that person allegedly controls. Possession doesn’t always require drugs to be found directly on someone. Prosecutors may argue that a person knew the drugs were present and had control over them, even when the substances were in a vehicle or shared residence.
Trafficking is different. Under Ohio Rev. Code § 2925.03, prohibited conduct includes selling or offering to sell controlled substances and certain activities involving the preparation, transportation, delivery, or distribution of drugs intended for sale or resale.
The Drug Quantity Can Affect the Severity of the Charge in Columbus
Ohio law assigns different penalties based on the substance involved, the amount, and other facts specified in the applicable statute. For many trafficking offenses, reaching certain quantity thresholds increases the offense level. Additional factors, such as conduct near a school or involving juveniles, can also affect the potential penalty.
A larger quantity may prompt investigators to suspect distribution, but quantity alone doesn’t necessarily prove every element of trafficking. The prosecution must establish the conduct and other requirements of the charged offense. Testing results, the reported weight, and how police collected and handled the substance may all deserve scrutiny.
Challenging Police Evidence of Drug Trafficking
Investigators may use messages, cash, packaging, witness accounts, surveillance, or alleged drug transactions to support a trafficking charge. They may also use the quantity of drugs recovered to support their interpretation of the evidence. A defense review should examine what each piece of evidence actually establishes. For example, messages may lack context, a witness may have an incomplete account, or a search may raise legal questions.
In Columbus and Franklin County, the circumstances of a traffic stop, vehicle search, or home search may also be relevant. If the police violated applicable search-and-seizure rules, our Columbus drug crime lawyers can assess whether a motion to suppress evidence is appropriate.
Possession and Trafficking Carry Different Potential Penalties
Drug possession can be charged as a misdemeanor or felony, depending on the substance and other statutory factors. Trafficking offenses may carry more severe felony penalties, with the offense level and possible prison term affected by drug quantity, location, and other factors. A prior drug conviction or a specific allegation involving a particular controlled substance may also affect the consequences. The possible sentence depends on the exact charge and the statutes that apply.
Our Drug Crime Attorneys in Columbus Can Examine the Facts Behind Your Drug Charge
Possession and trafficking carry different legal requirements, and the distinction can affect the potential consequences of a conviction. Schedule your complimentary case evaluation by calling Saia, Marrocco & Jensen at 614-444-3036 or sending an online message. Our Columbus drug crime lawyers can evaluate the alleged conduct, the drug testing and quantity evidence, and the legality of the police investigation to identify issues worth challenging.