Prescription medications are legal when used as prescribed, but possessing or using them is not always necessarily legal. When used other than as prescribed or possessed unlawfully, they can lead to serious criminal charges in Ohio.
If you're facing prescription drug charges in Ohio, it's important to understand where the line between legal and illegal use is, and how to protect your rights. Keep reading to learn more about prescription drug crimes in Ohio.
When Do Prescription Medications Become Illegal in Ohio?
Under Ohio law, prescription medications are considered controlled substances. This means they are regulated under state and federal law. They can only be legally used by the person for whom they are prescribed and in the manner the medication was instructed to be used.
Legal medications become illegal in any of the following situations:
- You don’t have a valid prescription in your name
- You possess more than the prescribed amount
- You use the medication in a way not intended (e.g., snorting, injecting, or overusing)
- You share, sell, or give the medication to someone else
- You forge or alter a prescription to get more pills
Common Prescription Drug Charges in Ohio
There are several different criminal offenses you can be charged with, depending on the facts of your case:
- Possession of a Controlled Substance (ORC § 2925.11): Having a prescription drug without a valid prescription is a drug possession charge, often classified as a misdemeanor or low-level felony depending on the drug and amount.
- Illegal Processing of Drug Documents (ORC § 2925.23): Forging, altering, or making a fake prescription is a felony offense in Ohio.
- Deception to Obtain a Dangerous Drug (ORC § 2925.22): Common in “doctor shopping” cases, where someone sees multiple providers to obtain duplicate prescriptions.
- Possession with Intent to Distribute or Trafficking (ORC § 2925.03): If you're found with a large quantity of pills, cash, or evidence like baggies or text messages, you may be charged with intent to distribute. This can apply even if you never sold a single pill.
- Permitting Drug Abuse (ORC § 2925.13): If you allow someone else to use your home or car to store or consume prescription drugs illegally, you could be charged as well.
Penalties for Prescription Drug Crimes in Ohio
The penalties for prescription-related offenses vary depending on the type and amount of drug, your criminal history, and the circumstances.
- Possession of Schedule II drugs (like Oxycodone, Adderall, or Hydrocodone) without a prescription is often a fifth-degree felony. Penalties can include imprisonment for 6 to 12 months and fines of up to $2,500.
- Trafficking or distribution charges carry much harsher penalties, including mandatory prison time for larger quantities or aggravating circumstances (e.g., near a school zone).
- Prescription fraud or forgery is also typically charged as a felony, punishable by prison time, fines, and a permanent criminal record.
Additional consequences may include:
- Suspension of your driver’s license
- Loss of professional licensing (for healthcare workers, teachers, etc.)
- Difficulty finding employment or housing
- Court-ordered treatment or probation
Defenses to Prescription Drug Charges in Ohio
It is important to remember that a prescription drug charge is not yet a conviction. An experienced criminal defense attorney can evaluate your case and identify potential defenses against the charge, including:
- Valid Prescription: You had a lawful prescription in your name at the time of arrest.
- Lack of Knowledge or Intent: You didn’t know the pills were in your possession or believed they were legal.
- Unlawful Search or Seizure: The police may have violated your Fourth Amendment rights during a traffic stop or home search.
- Clerical or Record Error: The BMV, pharmacy, or medical records may contain mistakes that suggest wrongdoing.
- Entrapment: You were coerced by law enforcement into committing an act you wouldn’t have done otherwise.
In many cases, Ohio courts may consider diversion programs, treatment, or probation as alternatives to jail time. This is especially common for first-time offenders or those with a substance use issue.
Why You Need a Defense Attorney: Protect Yourself from Prescription Drug Charges in Ohio
At The Law Offices of Steven R. Adams, we understand that good people can make mistakes or find themselves in difficult circumstances. Our goal is to protect your rights, maintain a clean record if possible, and guide you toward the best possible outcome.
We will:
- Investigate how the drugs were discovered
- Challenge any improper police conduct
- Advocate for treatment or diversion when appropriate
- Fight for reduced or dismissed charges
If you're facing charges or under investigation, don’t wait. The earlier you get legal representation, the more options you may have.
Call The Law Offices of Steven R. Adams today at (513) 929-9333 or contact us online for a free, confidential consultation. We know the law, and we know how to defend your rights.
Disclaimer: This blog is for informational purposes only and is not legal advice. Consult a qualified attorney to discuss your specific situation.
