All states prohibit the sale, transfer, and possession of heroin and other illicit narcotics. Simple possession of a small amount of the drug can land you in prison for at least six months in Ohio, while selling heroin within 1,000 feet of a school (or within 100 feet of a minor) will result in more severe penalties. Most Ohio courts now offer probation instead of prison for first-time, minor drug offenders.
Not all Ohio courts have so-called "drug courts," but there are several within the states adult and juvenile system. Basically, a drug court is a specialized docket that handles certain drug-related cases, usually those that don't involve violence or dealing. For example, someone who is arrested for possession of heroin and has no priors may be eligible for the program.
Eligible individuals may avoid prison time, instead serving a probationary period, in exchange for entering a drug treatment program within two weeks of the arrest. They also must meet regularly with probation officers and case managers, while being subject to frequent drug screens.
While possession of less than one gram of heroin is a charged as a 5th degree felony, punishable by six to 12 months in prison, the sale of more than 250 grams of heroin is charged as 1st degree felony and punishable by the maximum prison term of 11 years in prison.
The main provisions of Ohio heroin laws are listed in the following chart. See FindLaw Drug Charges section to learn more.
|Code Section||2925.01, et seq.; 3719.01, et seq.|
|Possession||5th degree felony; 1-5 g.: 4th degree felony; 5-10 g.: 3rd degree felony; 10-50 g.: 2nd degree felony; 50-250 g.: 1st degree felony; over 250 g.: 1st degree felony with mandatory maximum prison term|
|Sale||5th degree felony; 1-5 g.: 4th degree felony; 5-10 g.: 3rd degree felony; 10-50 g.: 2nd degree felony; 50-250 g.: 1st degree felony; over 250 g.: 1st degree felony with mandatory maximum prison term; Within 1000 ft. of school or within 100 ft. of juvenile: more severe penalties|
Note: State laws are constantly changing -- contact an Ohio drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
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Ohio Heroin Laws: Related Resources
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