Drug possession is a serious criminal matter in Ohio. Those accused of unlawfully possessing drugs are at risk of criminal charges that carry jail time, fines and other consequences. Occasionally, prosecutors may be able to pursue more serious criminal allegations against people who expect to face drug possession charges.
If prosecutors can convince the courts that an individual possessed drugs with the intent of trafficking them to others, then the charges themselves and the potential sentencing penalties are much more serious than in simple possession cases.
When can prosecutors bring more serious charges in re: a possession offense?
When there are large quantities of drugs
Individuals who possess small quantities of drugs can reasonably claim that the drugs are for their own use. When people have dozens of doses of any given substance, it becomes much more difficult to claim that they intended to consume it all themselves.
State law imposes more serious penalties for those in possession of larger quantities of drugs. People caught with multiple substances in their possession can also face questions about their intent.
When there are complicating factors
Perhaps police officers also find paraphernalia that they associate with the distribution of drugs, such as scales or packages. Maybe the person accused has a history of involvement in the drug trade or has questionable social contacts. Details about a person’s prior behavior and current habits can raise questions about their intent in a drug possession scenario.
Anyone accused of a drug offense may need help fighting back to avoid a conviction. Reviewing the evidence backing the state’s case with a skilled legal team can help defendants find ways to counter claims about their intent.