Cleveland Drug Possession Attorney
Put 70+ Years of Experience in Your Corner
A drug possession charge can feel like a small mistake with enormous consequences.
You may be worried about jail time, a permanent criminal record, losing your job, or how this will affect your family. Even a first offense can carry serious penalties, and prosecutors in Ohio do not take these cases lightly.
If you’ve been arrested or charged with drug possession in Cuyahoga County, time is critical—and so is having a defense team that knows how to protect you.
At Patituce & Associates, our drug possession lawyers in Cleveland have over 70 years of experience. We know how cases like yours are investigated, how to challenge evidence, and where the prosecution’s case often falls apart.
Why You Should Call Us After an Arrest
In the face of drug possession charges, people trust Patituce & Associates because we offer:
- One of only eight board-certified criminal trial lawyers in the state
- Former prosecutors who know how the state investigates and builds drug cases
- Experience handling more than 20,000 cases and 400+ jury trials
- A proven track record of defending serious and high-stakes drug cases
Don’t leave your future to chance. Our team will fight aggressively to secure the best possible outcome and protect your rights. Call us today at (440) 771-1175 for a free consultation. We're available 24/7.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
Understanding Ohio's Drug Possession Laws
Under O.R.C. § 2925.11, it is illegal to knowingly obtain, possess, or use a controlled substance. But “possession” is not always as straightforward as it sounds. Prosecutors must prove beyond a reasonable doubt that you had either:
- Actual possession — physical control of the substance; or
- Constructive possession — access to the substance and knowledge that it was there.
Constructive possession cases, in particular, are often built on assumptions and circumstantial evidence. The type of substance, the quantity involved, and the surrounding circumstances all influence whether you are facing a misdemeanor or a felony offense, and what penalties may follow.
If you've been arrested, get started on your defense with a free consultation. Our Cleveland drug possession lawyers at Patituce & Associates have helped hundreds of people in situations similar to yours.
Penalties for Drug Possession in Ohio
To determine the possible penalties for possession of a controlled substance, you need to know:
- What drug you are charged with possessing
- How much of the drug you possessed
- Where you possessed these drugs
Marijuana Possession Charges & Penalties
Currently, marijuana is only legal for medicinal uses with a valid medical marijuana card and only for certain medical conditions. At this time, it is illegal to smoke marijuana (vaporization is legal, however). The only legal forms of medical marijuana will be edibles, oils, patches, plant material, and tinctures.
The penalties for possession of marijuana include:
- <100 grams: Minor misdemeanor with a max fine of $150
- 100-200 grams: Misdemeanor of the 4th degree with up to a 30-day jail sentence and a $250 fine.
- 200-1,000 grams: Felony of the 5th degree with up to 1 year in prison and a maximum fine of $2,500.
- 1,000-20,000 grams: Felony of the 3rd degree with up to 3 years in prison and a maximum fine of $10,000
- 20,000 – 40,000 grams: Felony of the second degree with a mandatory prison term of five, six, seven, or eight years.
- Over 40,000 grams: Felony of the second degree with a mandatory prison term of 8 years.
Heroin Possession Charges & Penalties
Heroin is considered a Schedule I drug, and charges are based on the amount in possession.
The penalties for heroin possession include:
- <1 gram: 5th-degree felony with a 6-12 month prison sentence.
- 1-4 grams: 4th-degree felony with a 6-18 month prison sentence.
- 5-9 grams: 3rd-degree felony with a 9-month to 3-year prison sentence.
- 10-49 grams: 2nd-degree felony with a 2-8 year prison sentence.
- 50-249 grams: 1st-degree felony with a 3-10 year prison sentence.
- >250 grams: major drug offense (MDO) with an 11-year mandatory prison sentence.
Cocaine Possession Charges & Penalties
Cocaine is a Schedule II drug. The charges for cocaine possession range from a 1st degree to 5th degree felony.
The penalties for cocaine possession include:
- <5 grams: 5th-degree felony; fines up to $2,500 and 6-12 months in jail.
- 5-9 grams: 4th-degree felony; fines up to $5,000 and 6 months in jail to 18 months in prison.
- 10-19 grams: 3rd-degree felony; fines up to $10,000 and 9 months in jail to 36 months in prison.
- 20-27 grams: 2nd-degree felony; fines up to $15,000 and 2-8 years in prison.
- 27-99 grams: 1st-degree felony; fines up to $20,000 and 3-11 years in prison.
- >100 grams: 1st-degree felony; fines up to $20,000 and 11 years in prison.
Fentanyl Possession Charges & Penalties
Fentanyl is a Schedule II controlled substance and is charged by “bulk amount” found in possession. The “bulk amount” refers to either > 10 grams or > 25 doses of the controlled substance.
The penalties for fentanyl possession include:
- <a bulk amount: 5th-degree felony; 6-12 months in prison and a fine of $2,5000.
- >a bulk amount & <5x bulk amount: 3rd degree felony; 9 months-5 years in prison and fines up to $10,000.
- 5x-50x bulk amount: 2nd-degree felony; mandatory minimum of 2 years in prison and fines up to $15,000.
- 50x-100x bulk amount: 1st-degree felony; mandatory minimum of 3 years in prison and fines up to $20,000.
- >100x bulk amount: 1st degree felony; mandatory minimum of 11 years in prison; major drug offender (MDO).
Methamphetamine Possession Charges & Penalties
In Ohio, meth possession is a felony drug crime and will result in fines and jail time.
The penalties for meth possession include:
- <3 grams: 5th-degree felony; 6-12 months in jail and up to $2,500 in fines.
- 3-15 grams: 3rd-degree felony; possible 9-36 months in jail and up to $10,000 in fines.
- 15-150 grams: 2nd-degree felony; 2-8 years in prison and up to $15,000 in fines.
- 150-300 grams: 1st-degree felony; 3-11 years in prison and up to $20,000 in fines.
- >300 grams: 1st-degree felony; 11 years in prison, up to $20,000 in fines, major drug offender (MDO).
