The following is a description of some of the applicable legal sanctions under federal, state, and local laws for the unlawful possession, use, or distribution of illicit drugs, including alcohol, as of July 20, 2012. This list is not intended to be an exhaustive list of all offenses involving drugs and alcohol, and this material should not be relied upon as legal advice or guidance regarding these offenses:
Federal Law
Federal law prohibits, among other things, the manufacturing, distributing, selling and possession of controlled substances as outlined in 21 United States Code, Sections 801 through 971. Depending on the amount, first offense maximum penalties for trafficking marijuana range from five years imprisonment and a fine of $250,000 to imprisonment for life and a fine of $4 million. Depending on the amount, first offense maximum penalties for trafficking other controlled substances (e.g., methamphetamine, heroin, cocaine, cocaine base, PCP, LSD, fentanyl and fentanyl analogue) range from five years to life imprisonment and fines range from $2 to $4 million. First offense penalties and sanctions for the illegal possession of small amounts of controlled substance range from up to one year in prison or a fine of at least $1,000.
State Law
O.R.C. Section 2925.02 provides that no person shall knowingly corrupt another with drugs by inducing or forcing them to use a controlled substance.
Penalty is mandatory imprisonment from 6 months to 10 years, depending upon amount and type of drug involved and history of previous drug abuse offenses.
O.R.C. Section 2925.03 provides that no person shall knowingly “traffic” in controlled or illicit substances, including marijuana. Trafficking includes selling, offering to sell, delivering, distributing, preparing, cultivating, and manufacturing of controlled substances.
Penalty is mandatory fines ranging from $100 to $20,000, depending on offense and drug involved, and mandatory jail sentences ranging from 6 months to 10 years.
O.R.C. Section 2925.11 provides that no person shall knowingly obtain, possess, or use a controlled substance.
Penalty for drug abuse offenses involving amounts of marijuana less than 100 grams carries a penalty of $100. Other violations involving marijuana result in mandatory jail terms of not more than 8 years and mandatory fines of $15,000. Drug abuse offenses involving other drugs may result in jail terms of up to 10 years and fines of $20,000.
O.R.C. Section 2925.12 provides that no person shall make obtain, possess, or use drug abuse instruments.
Penalty for a first offense can carry a jail term of up to 90 days and fines of $750, plus driver’s license suspension for a period of six months to five years.
O.R.C. Section 2925.14 provides that no person shall knowingly use, possess with purpose to use, sell, manufacture or advertise drug paraphernalia.
Penalty (depending upon the facts) is imprisonment up to 6 months and fines up to $1,000.
O.R.C. Section 4301.63 provides that no person under the age of 21 years shall purchase beer or intoxicating liquor.
Penalty for a violation may include a fine of not less than $25, but no more than $100 may be imposed. The court may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court and shall designate the time within which the public work shall be completed.
O.R.C. Section 4301.631 provides that no underage person can purchase low alcohol beverages, that no person may furnish low alcohol beverages to an underage person, and that no person shall allow underage persons to consume low alcohol beverages on his or her property.
Penalty, punishments for violating O.R.C. Section 4301.631 range from fines of $25 to $250 and imprisonment up to 30 days.
O.R.C. Section 4301.64 prohibits the consumption of any beer or intoxicating liquor in a motor vehicle.
Violation of this law is a misdemeanor of the fourth degree. The maximum penalty is imprisonment for not more than 30 days and a $250 fine.
O.R.C. Section 4301.69(A) prohibits selling beer or intoxicating liquor to a person under the age of 21 years, or buying it for or furnishing it to such a person.
Violation of this law is a misdemeanor. The maximum penalty is imprisonment for not more than 6 months and a fine of not less than $500 and no more than $1,000.
O.R.C. Section 4301.69(E) provides that no underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless he is accompanied by a parent, spouse, or legal guardian, who is not an underage person, or unless the beer or intoxicating liquor is given for medical or religious purposes.
Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine.
• O.R.C. Section 4511.19 prohibits any person from driving a motor vehicle while under the influence of alcohol and/or any drug of abuse.
Violation of this law is a misdemeanor of the first degree. The maximum penalty is imprisonment for not more than 6 months and a $1,000 fine, in addition to license suspension. Penalties for repeat offenders can result in up to 5 years in prison.
Local Law
The cities of Zanesville and Cambridge enforce all the state criminal statutes cited above.