Federal Drug Laws
Updated 8/1/2023
Denial of Federal Benefits (21 U.S.C. § 862) A federal drug conviction may result in the loss of federal benefits, including loans, grants, scholarships, contracts, and licenses, although the Department of Education has said it will no longer disqualify students from Title IV aid for a federal or state conviction for possession or sale of a controlled substance.
Forfeiture of Personal Property and Real Estate (21 U.S.C. § 853) Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation. A warrant of seizure may be issued and property seized at the time an individual is arrested on charges that may result in forfeiture.
Federal Drug Trafficking Penalties (21 U.S.C. § 841) Penalties for federal drug trafficking convictions vary according to the type and quantity of the controlled substance involved in the transaction. Penalties for subsequent convictions are more severe. Federally-defined schedules of controlled substances are published at 21 U.S.C. 812.
In the case of a controlled substance in schedule I or schedule II, GHB (or, “liquid ecstasy”), or flunitrazepam (or, “rohypnol”), a person shall be sentenced to a term of imprisonment of not more than 20 years. If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces the possibility of a life sentence and fines ranging up to $10 million.
In the case of a controlled substance in schedule III, a person shall be sentenced to a term of imprisonment of not more than 10 years, and if death or serious bodily injury results, shall be sentenced to a term of imprisonment of not more than 15 years or a fine not to exceed $500,000, or both, for a first offense.
For less than 50 kilograms of marijuana, the term of imprisonment shall not be more than five years, and the fine shall not be more than $250,000, or both, for a first offense.
In the case of a schedule IV substance, the term of imprisonment shall not be more than five years, and the fine shall not be more than $250,000, or both, for a first offense.
Persons convicted on federal charges of drug trafficking within 1,000 feet of an elementary school, secondary school, college, or university (21 U.S.C. § 860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year, unless the offense involves five grams or less of marijuana. Federal Drug Possession Penalties (21 U.S.C. § 844) Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison, a mandatory fine of no less than $1,000, or both. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000. | Category | Summary (Ohio Revised Code) | | Possession of Marijuana | The use and possession of recreational marijuana is illegal. OHIO REV. CODE ANN. § 2925.11(A). Violators are guilty of a minor misdemeanor if the amount is less than 100 grams, resulting in a $150 fine. OHIO REV. CODE ANN. § 2925.11(C)(3). Increased amounts lead to increased penalties. Id. Medical marijuana use is permitted under certain conditions. OHIO REV. CODE ANN. §§ 3796.01-3796.30. | | Controlled Substances | Ohio has a wide range of laws governing controlled substances and their possession and distribution. OHIO REV. CODE ANN. §§ 2925.01- Category Summary (Ohio Revised Code) 2925.58. Penalties vary widely based on the amount and type of substance used. Under Ohio law, no person shall knowingly obtain, possess, or use a controlled substance. OHIO REV. CODE ANN. § 2925.11. Possession of certain drugs, like cocaine, LSD, and heroin, results in a charge of aggravated possession of drugs, a fifth-degree felony. Id. Selling or offering to sell a controlled substance is illegal. OHIO REV. CODE ANN. § 2925.03. Doing so results in an aggravated felony (unless the substance is marijuana), subject to prison time and fines. OHIO REV. CODE ANN. §§ 2925.11, 2929.12. As an example, if a person is found guilty of possession of 12 grams of opium, they are guilty of a third-degree felony, facing 9–36 months in prison and a possible $10,000 fine | | Alcohol and Minors | No person under the age of 21 shall purchase beer or intoxicating liquor. OHIO REV. CODE ANN. § 4301.63. Doing so can result in a fine between $25–$100. OHIO REV. CODE ANN. § 4301.99. Providing false information concerning one’s name, age, or other identification for the purpose of obtaining alcohol is a misdemeanor. OHIO REV. CODE ANN. §§ 4301.634; 4301.99. Selling beer or intoxicating liquor to a minor is also a misdemeanor and can result in a fine between $500–$1000 and imprisonment up to 60 days. OHIO REV. CODE ANN. §§ 4301.22; 4301.99. | | Driving Under the Influence (DUI) | No person shall operate a vehicle under the influence of alcohol with a blood-alcohol concentration of .08 percent or more. OHIO REV. CODE ANN. § 4511.19. Operating under the influence results in a mandatory prison term of at least 3 days as well as the possibility of an intervention program. OHIO REV. CODE ANN. § 4511.19(G)(1)(a)(i). |
Local Law - The City of Cincinnati enforces all the state criminal statutes cited above. In addition, Cincinnati lists some additional sanctions for alcohol and other drug use, including without limitation, prohibitions against: driving under the influence of alcohol or drugs; possession and consumption of alcohol while underage; providing alcohol to underage persons; having an open container of alcohol in public places; possession of a controlled substance; purchasing and consuming low-alcohol beverages by underage persons; using false representations by underage persons to obtain alcohol; permitting the consumption of alcohol by underage persons at a person's property (including hotel rooms); and hosting a party where alcohol or drug abuse occurs. Penalties for violation of these local laws include fines not to exceed $1,000 (plus court costs) and imprisonment for up to six months.
Students Convicted of Possession or Sale of Drugs
Effective July 29, 2021, per the FAFSA Simplification Act and Section 484 of the HEA, although a drug-related question remains on the FAFSA, a student who has a drug-related conviction is no longer prohibited from receiving Title IV funds. |
