What are drug abuse instruments?
The statute specifically applies to any hypodermic or syringe that has the primary purpose of allowing the user to administer a dangerous drug, and that has been used to take an illegal drug. So a hypodermic needle used along with a syringe to inject heroin would be a drug abuse instrument under the statute.
Is possession of drug paraphernalia a felony in Ohio?
Penalties for Possession of Drug Paraphernalia in Ohio Currently, Ohio does not consider possession of drug paraphernalia a felony offense. However, charges commonly associated with possession of drug paraphernalia, like drug possession and drug distribution, often result in felony charges.
How serious is a drug paraphernalia charge in Ohio?
If you are convicted for possession of drug paraphernalia in Ohio, you will be charged with a fourth degree misdemeanor. This entails a maximum jail sentence of up to 30 days and fines up to $250. If you are convicted for dealing of drug paraphernalia, then you will be charged with a second degree misdemeanor.
How much is a drug paraphernalia ticket in Ohio?
The penalty for use or possession of drug paraphernalia in the state of Ohio will be classified as a misdemeanor in the fourth degree, which comes with a presumptive sentence of up to 30 days in jail and / or a fine of up to $250.
How do I get a drug paraphernalia charge dropped in Ohio?
If you can prove you were not aware of the presence of paraphernalia or had no intention of possessing them, your charges might be dropped or reduced. A good example is where someone else planted the paraphernalia in your car, in-person, or in your residence without your consent or knowledge.
What are the penalties for possessing drug abuse instruments?
Possessing drug abuse instruments is a misdemeanor of either the first or second degree. As such, a violation can be penalized by jail time of up to 180 days and a fine of up to $1,000. At Funkhouser Law, from the moment a client walks through the door, we presume that they are innocent until proven guilty in a court of law.
What is a 2nd degree possession of a drug abuse instrument?
(C) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree.
What happens if you are convicted of a drug abuse offense?
If the offender previously has been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree. (1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.