Legal Representation for Drug Manufacturing & Cultivation Cases in Ohio
After years of fighting for clients, Gounaris Abboud has positioned itself as one of Ohio’s top criminal defense firms. We don’t give the state an inch when defending our clients, and we never stop fighting for the best resolution based on your circumstances.
If the state has charged you with drug manufacturing, our team is ready to meet and discuss your options for fighting the charge. We are available around the clock, so call and get started on your defense today.
What Is Considered Manufacturing Drugs Under Ohio Law?
Drug manufacturing in Ohio is a broad charge that encompasses any action leading to the production or manufacture of an illegal drug or controlled substance. Regarding quantities, there is no minimum quantity necessary for the state to charge you with drug manufacturing, and drug manufacturing charges apply to scheduled plants as well as synthetic drugs.
For example, the planting, cultivation, harvesting, and processing of marijuana can net a drug manufacturing charge, as may the manufacture of cocaine and other drugs found on the controlled substances list.
A drug manufacturing charge is a felony offense. The degree of felony, of which the first degree is the most serious, depends on where the drug in question lies on the controlled substances schedule, which is divided into 5 schedules: I-V. Manufacturing a Schedule I or II drug is a second-degree felony, while manufacturing a Schedule III, IV, or V drug is a third-degree felony.
Keep in mind that drug manufacturing near a school or juvenile can result in charges being enhanced by a degree. For example, if you manufacture a Schedule I drug near a school or juvenile, the charge will be filed as a first-degree felony instead of a second-degree felony.
Ohio Drug Manufacturing and Cultivation Penalties
Penalties for drug manufacturing are stiff and common. Prosecutors seek the upper end of sentencing ranges for those with a drug conviction. As you’ll note in the table, methamphetamine charges and marijuana charges are treated differently from other drugs. Historically, marijuana has received markedly different treatment (less harsh) under Ohio criminal law than other Schedule I drugs, and it is now legal in Ohio.
Substance | Degree of FelonyCharge | Near School or Juvenile | Prison Sentence |
---|---|---|---|
Schedule I or II, Excluding Methamphetamine and Marijuana | 2nd Degree | Enhanced to 1st Degree Felony | Between 2-8 Years |
Methamphetamine | 2nd Degree | Enhanced to 2nd Degree Felony | Minimum 3 Years; Minimum 4 Years With Enhanced Charge |
Schedule III, IV, or V | 3rd Degree | Enhanced to 2nd Degree Felony | Presumption of Prison When Enhanced Charges Apply |
Regarding methamphetamine, legislators have decided that it also deserves harsher treatment. Regardless of the drug underlying your drug manufacturing charge, you deserve representation from an experienced criminal defense attorney.