Many prescription drugs are controlled substances, but people are allowed to possess and take them as long as they have a valid prescription. Obtaining prescription drugs without a valid prescription in Ohio is a crime that can carry heavy criminal penalties within the criminal justice system, depending on the specific substance and aggravating factors. To combat prescription drug crime, law enforcement uses several tools, such as the Ohio Automated RX Reporting System (OARRS), to track the movement of all controlled substances and identify and arrest offenders. If you are facing a charge for drug crimes, contact a prescription drug crime lawyer in Dayton from Moermond & Mulligan, LLC.
Ohio is known for its harsh punishments for drug crime, and prescription drug crimes can carry harsher sentences due to the nature of the substances. Our criminal defense attorneys offer specialized legal representation and have extensive expertise in handling such cases. Moermond & Mulligan, LLC is a top criminal defense firm with a proven track record in handling drug-related cases. We have an established track record of protecting clients from drug crime and can work towards a case dismissal or charge reduction.
Call Moermond & Mulligan, LLC at (937) 228-9790 or contact us online today to speak to a prescription drug crime attorney in Dayton. Hiring a Dayton drug crime lawyer is crucial when facing serious drug charges to protect your rights and fight for your future.
Why You Need a Lawyer for Prescription Drug Crime Charges
Unlike illicit drugs like heroin or cocaine, the state regulates and controls the use of prescription drugs. This means that there are specific laws concerning how one can obtain and use them — laws that can be to your advantage in a criminal trial. If your prescription drug crime attorney in Dayton can show you lawfully had possession of prescription drugs, then it can reduce or even defeat the charges the state has levied against you. A drug conviction can have severe consequences, including barriers to employment and education, making it important to have skilled legal representation.
A Dayton prescription drug crime attorney understands all the nuances and regulations surrounding prescription drug distribution and use and can form a strong argument to defend you against the charges. Hiring an experienced criminal defense attorney is crucial to navigate the complexities of prescription drug laws effectively.
The attorneys at Moermond & Mulligan, LLC have over 50 years of collective experience as defense lawyers and can stand on your side to protect your rights. Our unique perspective as a former prosecutor gives us insight into how prosecutors approach crimes, allowing us to strategize and counter them. We have experience helping people beat prescription drug crime charges and offer our services to you.
Having legal counsel is essential to protect your rights and mount an effective defense against drug-related charges.
Types of Prescription Drug Crime in Dayton
Below are some of the most common types of prescription drug charges in Dayton.
- It is illegal to knowingly possess prescription drugs without the appropriate prescription from a licensed medical professional. If the police pulled you over and found prescription drugs in your care without a prescription, you could get a possession charge. Certain drug charges can be classified as a ‘minor misdemeanor’ if they involve low amounts of controlled substances or first-time offenses.
- Possession with Intent to Distribute. The prosecution can elevate a simple possession charge if they believe you intend to sell or distribute the drugs. Possession with intent to distribute can be classified as a first-degree felony based on the quantity and type of drugs involved. Factors such as the amount of drugs, text messages coordinating handoffs, and the presence of equipment like weighing scales can affect whether one receives an intent to distribute charge.
- If you are caught moving a large amount of prescription drugs from one location to another, you may receive a prescription drug trafficking charge. Trafficking charges are generally much more severe than simple possession charges.
- Forging Prescriptions. It is also illegal to forge or falsify prescription documents for the purposes of illicitly obtaining prescription drugs. For instance, ORC 2925.23 makes it a fifth-degree felony if someone steals a blank prescription pad.
- Illegal Dispensing. In Ohio, it is illegal to knowingly furnish or provide prescription drugs to another, even if they have the same condition as you. For instance, it would be illegal to give a friend one of your Vicodin pills after surgery.
- Doctor Shopping. Doctor shopping is a term for when a person visits multiple doctors to obtain large quantities of prescription drugs, whether for a real injury or from misrepresentations of one. The legal term for doctor shopping is deception to obtain dangerous drugs.
- Possession of Drug Paraphernalia. It is illegal to possess items used for the consumption or distribution of prescription drugs, such as syringes or pill crushers, which can lead to additional charges.
- Aggravated Possession. Aggravated possession denotes a serious felony charge associated with possessing certain quantities of controlled substances, particularly Schedule I or II drugs. Factors such as prior convictions and proximity to minors can escalate the severity of the charge, leading to significant legal consequences.
Common Illicit Prescription Drugs in Ohio
Ohio divides controlled substances into five schedules based on their uses and the potential for abuse, as outlined in Ohio’s controlled substance schedules. Schedule I is the highest classification and includes illicit drugs that have no accepted medical use and a high risk of addiction, like heroin, ecstasy, or LSD. Most prescription drugs instead fall under Schedule II to Schedule V and include common medications, such as:
Schedule II drugs (ii drugs) carry a high risk of addiction and abuse but have limited medicinal applications.
- Hydromorphone (Dilaudid)
- Codeine
- Methadone
- Fentanyl
- Oxycontin
- Percocet
- Vicodin
- Xanax
- Adderall
- Anabolic steroids
Penalties for Prescription Drug Crimes
The exact penalties for prescription drug crimes depend on the specific drug, the total quantity of the substance, previous offenses, and aggravating factors related to the case, such as whether theft or other crimes were committed. For instance, a first-time possession charge of a Schedule III, IV, or V drug is a first-degree misdemeanor (ORC 2925.11.2a), but a subsequent offense is a fifth-degree felony. Trafficking any amount of Schedule III, IV, or V drugs is a fifth-degree felony, but trafficking more than the bulk amount of a Schedule III, IV, or V drug is a fourth-degree felony (ORC 2925.03). Ohio penalties for drug-related offenses can range from minor fines and no jail time for lesser misdemeanors to significant prison terms for serious felonies.
A jail sentence can vary significantly based on the severity of the drug charges and the individual’s criminal history.
Other prescription drug crimes have specific penalties. For instance, according to ORC 2925.23, stealing a prescription pad or forging a prescription pad is a fifth-degree felony. Many drug crimes are felonies that can carry at least one year in prison and over a $1,000 fine. Jail time can vary significantly based on the severity of the drug charges and the individual’s criminal history.
Aside from the immediate legal penalties, prescription drug crimes have long-term negative effects. A misdemeanor or felony conviction on your criminal record can make it harder to find housing and you can lose your job because you are absent due to prison time. A drug crime conviction can also result in the revocation of any professional license, such as a doctor’s or pharmacist’s license.
Common Defenses Against Prescription Drug Crime Charges
There are several strategies a defense attorney can use to defend you against a prescription drug crime charge.
One key strategy is to challenge the evidence presented by the prosecution. If the evidence was obtained through an unlawful search, it might be possible to have it excluded from the case. This can significantly weaken the prosecution’s position and form the basis of a strong defense.
Another important aspect is to scrutinize the legal proceedings for any procedural violations and present evidence to challenge the prosecution’s case. A drug offenses attorney can appeal a decision if there are legal errors, such as the admission of unlawfully obtained evidence. Challenging these errors during legal proceedings is important for ensuring a fair trial and protecting your rights.
Valid Prescription
The most obvious defense to a prescription drug charge is to argue you had a valid prescription. This strategy is most effective when the amount of the drug is small enough that it falls within the prescribed amounts for regular use.
Additionally, if you have a valid prescription for medical marijuana, this can also serve as a defense against certain drug charges.
Lack of Knowledge/Intent
A key aspect of drug charges is knowledge and intent. If your attorney can prove you didn’t know about the drugs or intend to take them, it could neutralize the prosecution’s argument. For instance, if someone handed you a package you didn’t know contained drugs, it could shield you from charges. Your prior criminal history can also play a role in the defense strategy, as it may influence the court’s perception of your intent.
Medical Necessity
Generally, one needs a prescription to obtain a controlled substance. However, your attorney may be able to defend you by arguing that you had a pressing need or medical necessity requiring the drug. In cases where drug abuse is a factor, demonstrating medical necessity can be a crucial part of the defense.
Good Samaritan Laws
Ohio has Good Samaritan provisions in the law that protect individuals from certain drug possession charges if they seek emergency help for an overdose. According to the law, if you call the police for help because of an overdose for yourself or others and they find illegal drugs on you, you could be immune from prosecution. These protections are part of Ohio drug laws designed to encourage individuals to seek emergency help without fear of prosecution.
Process Violations
The police and prosecution might violate your rights or procedure during arrest, evidence procurement, and court proceedings. Violating these rules of criminal procedure could be grounds for a case dismissal. If a police officer violates your rights during an arrest or search, it could be grounds for a case dismissal.
Dayton Prescription Drug Crime FAQ
Below are some of the most common questions we receive about prescription drug crimes in Dayton.
What should I do if I am charged with a prescription drug crime in Dayton?
If you are charged with a prescription drug crime in Dayton, it is crucial to understand the complexities and seriousness of a drug crime case. Dayton drug crime investigations often involve various law enforcement agencies employing advanced surveillance techniques to combat drug-related offenses. Ohio’s strict drug laws and the significant drug epidemic make it essential to have an experienced attorney who can challenge evidence and employ various defenses specific to your circumstances. Every drug crime case is unique and requires tailored legal strategies to ensure the best possible outcome.
Why is it important to hire a specialized drug lawyer for my case?
Hiring a specialized drug lawyer is vital for navigating the legal challenges associated with drug offenses. An experienced drug lawyer can effectively challenge judicial errors, appeal decisions, and assist in addressing collateral consequences such as regaining lost civil rights and sealing criminal records. Their expertise in managing complex legal matters ensures the best possible outcomes for clients facing drug charges.
Are Prescription Drug Crimes State or Federal Crimes?
Drug crimes are both federal and state crimes as they are illegal at both federal and state levels. However, most drug crimes are prosecuted only at the state level, prescription drug crimes included. Federal law enforcement usually only becomes involved in local drug crimes if there are abnormally high amounts of money involved or high-level organizational efforts to obtain and distribute. For instance, if the police caught a person trafficking prescription drugs across state lines into Ohio, authorities may pursue criminal charges at both the state and federal levels. The federal government collaborates with local law enforcement through task forces that receive federal funding to combat drug manufacturing and trafficking.
What Does Bulk Amount Mean for Possession Charges?
Each scheduled classification of drugs has a statutorily defined bulk amount. The bulk amount is the base amount of the drug, and the severity of punishment depends on how much above the bulk amount of a substance a person has. For instance, the bulk amount for most Schedule III and IV substances is 120 grams or 30 times the daily dose (ORC 2925.01). The classification of these drugs as illegal substances influences the severity of the penalties associated with their possession.
Can I Undergo Drug Treatment Instead of Going to Prison?
Yes, Ohio allows some individuals to attend a mandatory drug treatment program instead of serving a prison sentence for a drug crime conviction. During treatment, you may have to attend mandatory counseling and undergo drug monitoring and regular testing. A drug court may suspend specific penalties pending completion of the program. The nature and quantity of the drug involved can influence eligibility for treatment programs.
Contact an Dayton Prescription Drug Crime Lawyer from Moermond & Mulligan, LLC Today
Prescription drug charges can involve heavy prison sentences, high fines, and extremely undesirable social consequences. If you find yourself on the receiving end of a prescription drug crime charge, the law firm of Moermond & Mulligan, LLC is here to handle your defense. Our attorneys have a reputation as fierce advocates who will use every available legal avenue and advantage to protect our clients’ freedoms and liberties. Facing any kind of criminal charge is a scary experience, but we can provide the legal support you need to navigate your difficult circumstances.
Our firm has extensive experience in achieving a positive outcome for clients facing drug charges. We understand the complexities of drug crime cases and are skilled in identifying crucial evidence to secure favorable results. Contact us today to ensure you have the skilled representation needed to navigate your legal challenges.
Contact Moermond & Mulligan, LLC online or call (937) 228-9790 today for a free case consultation with a prescription drug crime attorney in Dayton, OH, so we can discuss your options for moving forward. We offer a free consultation for potential clients facing drug charges, allowing you to discuss your case with experienced attorneys without any obligation.
Last Updated: 04-30-2025