58 Ohio opinions name it 2 courts 2000–2026 11 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Martingreen2 sentences2012No. 1–05– 70, 2006–Ohio–3764, ¶ 30, citing State v. Martin, 20 Ohio App.3d 172, 175 (1983); Thompkins, 78 Ohio St.3d at 387 . {¶50} Ward was convicted of aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(1),(C)(1)(a), which provides: -24- Case No. 13-11-17 (A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance; (C) Whoever violates division (A) of this section is guilty of one of the following: (1) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II. * * * 2005No. 78184, citing State v. Martin (1983) 20 Ohio App.3d 172 , 175 . {¶ 35} Regarding the trafficking offense, R.C. 2925.03 (A)(2) provides: {¶ 36} "(A) No person shall knowingly do any of the following: • * * {¶ 37} "(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person." {¶ 38} R.C. 2925.03 (C)(3)(e) provides: {¶ 39} "(C) Whoever violates division (A) of this section is guilty of | 1 | 3 |
State v. Smithgreen2 sentences2013State v. Jenks, 61 Ohio St.3d 259 (1991), at syllabus, superseded by state constitutional amendment on other grounds as stated in State v. Smith, 80 Ohio St.3d 89 (1997); Eastley, supra, at ¶ 10 ; Thompkins, supra, at 386 . {¶13} Bell was convicted of two counts of Trafficking in Cocaine in violation of R.C. 2925.03(A)(1),(C)(4)(b), which reads as follows: (A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance; *** (C) Whoever violates division (A) of this section is guilty of one of the following: (4) If the drug involved in the violation is co 2013State v. Smith, 80 Ohio St.3d 89, 113 (1997). 4 The Boldenone Undecyclenate was “a liquid inside a glass vial, which weighed 9.1 grams.” (Tr. at 118). -9- Case No. 13-12-26, 13-13-04 {¶24} Possession of Drugs, specifically possession of schedule III controlled substances (which includes boldenone undecylenate), is criminalized pursuant to R.C. 2925.11(A),(C)(2)(a), which reads, (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** (C) Whoever violates division (A) of this section is guilty of one of the following: *** (2) If the drug | 1 | 2 |
State v. Headleygreen2 sentences2012No. 9-10-11, 2010-Ohio-5060 , 2010 WL 4055548 , ¶ 2, 3 (the indictment charged defendant with trafficking in a Schedule I or II drug, and the bill of particulars clarified that the drug involved was ecstasy). {¶ 16} In the instant case, the language of the indictment tracked the language of the trafficking-in-drugs statute, R.C. 2925.03(C)(1), by alleging, “The drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule I or II with the exception of marihuana, cocaine, L.S.D., heroin, and hashish * * Nevertheless, the court of appeals, relying on State 2012No. 9-10-11, 2010-Ohio-5060 , 2010 WL 4055548 , ¶ 2, 3 (the indictment charged defendant with trafficking in a Schedule I or II drug, and the bill of particulars clarified that the drug involved was ecstasy). {¶ 16} In the instant case, the language of the indictment tracked the language of the trafficking-in-drugs statute, R.C. 2925.03(C)(1), by alleging, “The drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule I or II with the exception of marihuana, cocaine, L.S.D., heroin, and hashish * * Nevertheless, the court of appeals, relying on State | 1 | 2 |
State v. Hankersongreen1 sentence2026It is a second-degree felony with a mandatory prison term where “the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount . . .” R.C. 2925.11(C)(1)(c). {¶32} Possess means “having control over a thing or substance . . .” R.C. 2925.01(K) (“but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found”); see also State v. Hankerson, 70 Ohio St.2d 87, 91 (1982) (the defendant must be “conscious” of the object's presence). | 1 | 1 |
State v. Browngreen1 sentence2026(Emphasis sic.) State v. Brown, 2024-Ohio-1333, ¶ 22 (3d Dist.). | 1 | 1 |
State v. Hallergreen1 sentence2025When applying the manifest-weight standard, “[o]nly in exceptional cases, where the evidence ‘weighs heavily against the conviction,’ should an appellate court overturn the trial court's judgment.” State v. Haller, 2012-Ohio-5233, ¶ 9 (3d Dist.), quoting State v. Hunter, 2011-Ohio-6524, ¶ 119 . -4- Case No. 9-24-21 Controlling Statutes {¶8} Rollison was convicted of Aggravated Possession of Drugs (methamphetamine) in violation of R.C. 2925.11(A)/(C)(1)(c), which reads as follows: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** | 1 | 1 |
State v. Teamergreen1 sentence2024“The issue of whether a person charged with drug possession knowingly possessed a controlled substance ‘is to be determined from all the attendant facts and circumstances available.’” State v. Brooks, 2012-Ohio-5235, ¶ 45 (3d Dist.), quoting State v. Teamer, 82 Ohio St.3d 490, 492 (1998). {¶41} “Possession of drugs can be either actual or constructive.” State v. Bustamante, 2013-Ohio-4975, ¶ 25 (3d Dist.). “‘A person has “actual possession” of an item if the item is within his immediate physical possession.’” Id., quoting State v. Williams, 2004-Ohio-1130, ¶ 23 (4th Dist.). | 1 | 1 |
State v. Bustamantegreen2 sentences2024“The issue of whether a person charged with drug possession knowingly possessed a controlled substance ‘is to be determined from all the attendant facts and circumstances available.’” State v. Brooks, 2012-Ohio-5235, ¶ 45 (3d Dist.), quoting State v. Teamer, 82 Ohio St.3d 490, 492 (1998). {¶41} “Possession of drugs can be either actual or constructive.” State v. Bustamante, 2013-Ohio-4975, ¶ 25 (3d Dist.). “‘A person has “actual possession” of an item if the item is within his immediate physical possession.’” Id., quoting State v. Williams, 2004-Ohio-1130, ¶ 23 (4th Dist.). 2024“The issue of whether a person charged with drug possession knowingly possessed a controlled substance ‘is to be determined from all the attendant facts and circumstances available.’” State v. Brooks, 2012-Ohio-5235, ¶ 45 (3d Dist.), quoting State v. Teamer, 82 Ohio St.3d 490, 492 (1998). {¶41} “Possession of drugs can be either actual or constructive.” State v. Bustamante, 2013-Ohio-4975, ¶ 25 (3d Dist.). “‘A person has “actual possession” of an item if the item is within his immediate physical possession.’” Id., quoting State v. Williams, 2004-Ohio-1130, ¶ 23 (4th Dist.). | 1 | 1 |
State v. Brooksgreen1 sentence2024“The issue of whether a person charged with drug possession knowingly possessed a controlled substance ‘is to be determined from all the attendant facts and circumstances available.’” State v. Brooks, 2012-Ohio-5235, ¶ 45 (3d Dist.), quoting State v. Teamer, 82 Ohio St.3d 490, 492 (1998). {¶41} “Possession of drugs can be either actual or constructive.” State v. Bustamante, 2013-Ohio-4975, ¶ 25 (3d Dist.). “‘A person has “actual possession” of an item if the item is within his immediate physical possession.’” Id., quoting State v. Williams, 2004-Ohio-1130, ¶ 23 (4th Dist.). | 1 | 1 |
State v. Williams, Unpublished Decision (3-10-2004)green1 sentence2024“The issue of whether a person charged with drug possession knowingly possessed a controlled substance ‘is to be determined from all the attendant facts and circumstances available.’” State v. Brooks, 2012-Ohio-5235, ¶ 45 (3d Dist.), quoting State v. Teamer, 82 Ohio St.3d 490, 492 (1998). {¶41} “Possession of drugs can be either actual or constructive.” State v. Bustamante, 2013-Ohio-4975, ¶ 25 (3d Dist.). “‘A person has “actual possession” of an item if the item is within his immediate physical possession.’” Id., quoting State v. Williams, 2004-Ohio-1130, ¶ 23 (4th Dist.). | 1 | 1 |
State v. Gonzales (Slip Opinion)green1 sentence2017As the dissent aptly concluded, “[t]he lead opinion’s interpretation introduces a purity or weight requirement for cocaine possession that is not found in the language of the statute or supported by the reality of how cocaine is produced, distributed, or consumed.” Gonzales at ¶ 37 (O’Connor, P.J., dissenting). {¶64} R.C. 2925.11(C)(4) states: “If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine.” (Emphasis added.) Under this language, a mixture or | 1 | 1 |
Seasons Coal Co. v. City of Clevelandgreen2 sentences2015See also Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 80 , 461 N.E.2d 1273 (1984). {¶13} Appellant was convicted of R.C. 2925.11 (A)(C)(4)(b) and (6)(e), which provides: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** -4- (C) Whoever violates division (A) of this section is guilty of one of the following: *** (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. 2015See also Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 80 , 461 N.E.2d 1273 (1984). {¶13} Appellant was convicted of R.C. 2925.11 (A)(C)(4)(b) and (6)(e), which provides: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** -4- (C) Whoever violates division (A) of this section is guilty of one of the following: *** (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. | 1 | 1 |
State v. Adamsgreen1 sentence2014Hamilton No. C-120059, 2013-Ohio-926, ¶ 34 (same). {¶ 8} As a penalty enhancement, the Ohio legislature intended that a defendant receive additional prison time for illegally manufacturing drugs if certain conditions are met; namely, "[i]f the drug involved in the violation is methamphetamine and if the offense was committed in the vicinity of a juvenile[.]" See R.C. 2925.04(C)(3)(b). | 1 | 1 |
State v. Brown, 23637 (6-4-2008)green1 sentence2014Summit No. 23637, 2008-Ohio-2670, ¶ 24 (an appellant’s “assignment of error provides a roadmap for our review and, as such, directs our analysis of the trial court’s judgment”), and App.R.12(A)(2). 3 {¶6} Here, Mr. Bowerman was convicted of possession of marijuana in violation of R.C. 2925.11(A)(C)(3)(e), which provides: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** (C) Whoever violates division (A) of this section is guilty of one of the following: *** (3) If the drug involved in the violation is marihuana or a compound, mix | 1 | 1 |
State v. Bankston, 08ap-668 (2-19-2009)green1 sentence2014No. 08AP-668, 2009-Ohio-754, ¶ 4 (noting that "in a sufficiency of the evidence review, an appellate court does not engage in a determination of witness credibility; rather, it essentially assumes the state's witnesses testified truthfully and determines if that testimony satisfies each element of the crime"). {¶ 112} Defendant was convicted of possession of cocaine in an amount equal to or exceeding 100 grams in violation of R.C. 2925.11, which provides in pertinent part: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** (C) Who | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jenks
red
2 sentences2024The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” State v. Jenks, 61 Ohio St. 3d 259 , 574 N.E.2d 492 , paragraph two of the syllabus (1991). {¶27} Appellant was convicted of two counts of aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(1) and (C)(1)(c), which provides: (A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance or a controlled substance analog; *** 2024The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” State v. Jenks, 61 Ohio St. 3d 259 , 574 N.E.2d 492 , paragraph two of the syllabus (1991). {¶27} Appellant was convicted of two counts of aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(1) and (C)(1)(c), which provides: (A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance or a controlled substance analog; *** | 11 | 2003–2024 |
State v. Dehass
green
2 sentences2009State v. DeHass (1967), 10 Ohio St.2d 230, 231 , 227 N.E.2d 212 . {¶53} Hall was indicted for possession of crack cocaine in violation of R.C. 2925.11(A), (C)(4)(d), which provides: (A) No person shall knowingly obtain, possess, or use a controlled substance. (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. 2009State v. DeHass (1967), 10 Ohio St.2d 230, 231 , 227 N.E.2d 212 . {¶53} Hall was indicted for possession of crack cocaine in violation of R.C. 2925.11(A), (C)(4)(d), which provides: (A) No person shall knowingly obtain, possess, or use a controlled substance. (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. | 9 | 2004–2009 |
State v. Thompkins
red
2 sentences2023Reversing a conviction as being against the manifest weight of the evidence and ordering a new trial should be reserved for only the “exceptional case in which the evidence weighs heavily against the conviction.” Id. {¶29} Appellant herein is challenging his convictions on two counts of Aggravated Trafficking in Methamphetamine, in violation of R.C. §2925.03(A)(1)(C)(1)(d), which provides, in relevant part: {¶30} (A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance or a controlled substance analog; *** (C) Whoever violates division (A) of this 2019Reversing a conviction as being against the manifest weight of the evidence and ordering a new trial should be reserved for only the “exceptional case in which the evidence weighs heavily against the conviction.” Id. {¶19} Khalifa-El was convicted of violating R.C. 2925.03(A)(1)(C)(1)(a), which states in pertinent part, “No person shall knowingly do any of the following * * * sell or offer to sell a controlled substance or a controlled substance analog * * * [i]f the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II, * * *, | 8 | 2005–2023 |
State v. Chandler
green
2 sentences2021State v. Chandler, 109 Ohio St.3d 223 , 2006–Ohio– 2285, 846 N.E.2d 1234, ¶ 9 .) {¶14} Shackelford next argues that R.C. 2925.03(C)(1) requires proof that the substance offered for sale contained methamphetamine before sentence can be imposed because that section begins by stating “[if] the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II…”. 2021State v. Chandler, 109 Ohio St.3d 223 , 2006–Ohio– 2285, 846 N.E.2d 1234, ¶ 9 .) {¶14} Shackelford next argues that R.C. 2925.03(C)(1) requires proof that the substance offered for sale contained methamphetamine before sentence can be imposed because that section begins by stating “[if] the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II…”. | 2 | 2010–2021 |
State v. Moreland
green
2 sentences2018"Plain error does not exist unless it can be said that but for the error, the outcome of the trial would clearly have been otherwise." State v. Moreland , 50 Ohio St.3d 58 , 62, 552 N.E.2d 894 (1990). {¶ 15} R.C. 2925.11(A) provides: "No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog." {¶ 16} R.C. 2925.11(C)(4)(e) states: "Whoever violates division (A) of this section is guilty of one of the following: * * * (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine , whoever 2018"Plain error does not exist unless it can be said that but for the error, the outcome of the trial would clearly have been otherwise." State v. Moreland , 50 Ohio St.3d 58 , 62, 552 N.E.2d 894 (1990). {¶ 15} R.C. 2925.11(A) provides: "No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog." {¶ 16} R.C. 2925.11(C)(4)(e) states: "Whoever violates division (A) of this section is guilty of one of the following: * * * (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine , whoever | 2 | 2017–2018 |
State v. Gill
green
2 sentences2026A court shall not impose more than one prison term on an offender under division (B)(11) of this section for felonies committed as part of the same act. {¶27} As the First District concluded in Gill, supra, 2024- Ohio-2792 (1st Dist.), read together, R.C. 2929.14 and 2941.1410 only authorize the imposition of an additional prison term for an MDO specification when the drug involved is a fentanyl- related compound or a mixture thereof. 2026R.C. 2941.1410(A) and (B). 2 As State v. Gill, 2024-Ohio-2792 (1st Dist.) observed in footnote 2, this appears to be a typo in the statute. | 1 | 2026–2026 |
State v. Hunter
green
1 sentence2025When applying the manifest-weight standard, “[o]nly in exceptional cases, where the evidence ‘weighs heavily against the conviction,’ should an appellate court overturn the trial court's judgment.” State v. Haller, 2012-Ohio-5233, ¶ 9 (3d Dist.), quoting State v. Hunter, 2011-Ohio-6524, ¶ 119 . -4- Case No. 9-24-21 Controlling Statutes {¶8} Rollison was convicted of Aggravated Possession of Drugs (methamphetamine) in violation of R.C. 2925.11(A)/(C)(1)(c), which reads as follows: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. *** | 1 | 2025–2025 |
State v. Isenogle
green
2 sentences2022COUNT FOUR * * * MATTHEW RYAN ISENOGLE on or about November 26, 2020 in the County of Stark, Ohio aforesaid, did knowingly obtain, possess, or use a controlled substance or a controlled substance analog and and [sic] the drug involved in the violation was a fentanyl-related compound * * *, in [Cite as State v. Isenogle, 2022-Ohio-1257 .] violation of Section 2925.11(A)(C)(11)(a) of the Revised Code, a Felony of the Fifth Degree, * * *. {¶3} Isenogle entered a plea of not guilty to the charges. 2022The statute reads: (A) No person shall knowingly cultivate marihuana or knowingly manufacture or otherwise engage in any part of the production of a controlled substance. *** (2) Except as otherwise provided in this division, if the drug involved in the violation of division (A) of this section is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marihuana, illegal manufacture of drugs is a felony of the second degree, and, subject to division (E) of this section, the court shall [Cite as State v. Isenogle, 2022-Ohio-1257 .] | 1 | 2022–2022 |
Apprendi v. New Jersey
green
2 sentences2020The penalty for the offense shall be determined as follows: *** (g) If the amount of the drug involved equals or exceeds one hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. {¶107} In United States v. Haymond, the United States Supreme Court observed, In Apprendi, [v. New Jersey, 530 U.S. 466 , 120 S.Ct. 23 2020The penalty for the offense shall be determined as follows: *** (g) If the amount of the drug involved equals or exceeds one hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. {¶107} In United States v. Haymond, the United States Supreme Court observed, In Apprendi, [v. New Jersey, 530 U.S. 466 , 120 S.Ct. 23 | 1 | 2020–2020 |
State v. Miller
green
1 sentence2020Hocking No. 18CA3, 2019-Ohio-92, ¶ 28 . {¶12} As stated, Janson was convicted of R.C. 2925.11(A)(C)(1)(a), which states in part: {¶13} “(A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. {¶14} “* * * {¶15} “(C) * * * {¶16} “(1) If the drug involved in the violation is a compound, mixture, preparation, or substance included in schedule I or II, * * * whoever violates division (A) of this section is guilty of aggravated possession of drugs.” {¶17} In February 2018, Ohio State Highway Patrol Trooper James Cvengros was dispatched to a mot | 1 | 2020–2020 |
State v. Steed
green
1 sentence2018The penalty for the offense shall be determined as follows: * * * (b) If the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, possession of cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. 4. {¶ 13} Possession is defined as “having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found. | 1 | 2018–2018 |
State v. Gonzales (Slip Opinion)
green
2 sentences2018Id. at ¶ 44 (Ringland, J., dissenting). {¶ 22} The dissent in Woodard relied on State v. Gonzales , 150 Ohio St.3d 276 , 2017-Ohio-777 , 81 N.E.3d 419 , in which the Ohio Supreme Court held: " R.C. 2925.11(C)(4)(b) through (f) penalizes an offender for the amount of cocaine possessed, and the amount of 'cocaine' clearly encompasses the whole compound * * * of cocaine, including fillers that are part of the usable drug." Gonzales at ¶ 9. {¶ 23} In arriving at its decision in Gonzales , the Court relied on R.C. 2925.11(C)(4), the statute describing the cocaine-possession offense, which provides: 2018Id. at ¶ 44 (Ringland, J., dissenting). {¶ 22} The dissent in Woodard relied on State v. Gonzales , 150 Ohio St.3d 276 , 2017-Ohio-777 , 81 N.E.3d 419 , in which the Ohio Supreme Court held: " R.C. 2925.11(C)(4)(b) through (f) penalizes an offender for the amount of cocaine possessed, and the amount of 'cocaine' clearly encompasses the whole compound * * * of cocaine, including fillers that are part of the usable drug." Gonzales at ¶ 9. {¶ 23} In arriving at its decision in Gonzales , the Court relied on R.C. 2925.11(C)(4), the statute describing the cocaine-possession offense, which provides: | 1 | 2018–2018 |
State v. Anderson
neutral
1 sentence2017Montgomery No. 26917, 2016-Ohio-5157 , 2016 WL 4088238 , ¶ 12-13. {¶ 108} R.C. 2925.11 provides in relevant part: (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. * * * (C) Whoever violates division (A) of this section is guilty of one of the following: * * * (4) If the drug involved in the violation is cocaine or a compound, mixture, *907 preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. | 1 | 2017–2017 |
State v. Elkins
green
2 sentences2014The penalty for the offense shall be determined as follows: *** (f) If the amount of the drug involved equals or exceeds one hundred grams of cocaine, possession of cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree. 5 {¶ 8} In State v. Elkins, 148 Ohio App.3d 370 , 2002-Ohio-2914 , 773 N.E.2d 593 (10th Dist.), the Tenth District analyzed a similar inconsistency between R.C. 2941.1410 and R.C. 2925.11(C)(1)(e), which also provides that “if an of 2014The penalty for the offense shall be determined as follows: *** (f) If the amount of the drug involved equals or exceeds one hundred grams of cocaine, possession of cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree. 5 {¶ 8} In State v. Elkins, 148 Ohio App.3d 370 , 2002-Ohio-2914 , 773 N.E.2d 593 (10th Dist.), the Tenth District analyzed a similar inconsistency between R.C. 2941.1410 and R.C. 2925.11(C)(1)(e), which also provides that “if an of | 1 | 2014–2014 |
State v. Taylor
green
2 sentences2014The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), or (f) of this section, possession of cocaine is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (b) If the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, possession of cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a 2014The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), or (f) of this section, possession of cocaine is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (b) If the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, possession of cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a | 1 | 2014–2014 |
| State v. Williamson green | 1 | 2012–2012 |
| State v. Jackson neutral | 1 | 2012–2012 |
| State v. Childs green | 1 | 2011–2011 |
| State v. Miller green | 1 | 2008–2008 |
| State v. Miller green | 1 | 2008–2008 |
| State v. Kobi green | 1 | 2005–2005 |
| State v. Lewis red | 1 | 2005–2005 |
| State v. Brown green | 1 | 2004–2004 |
| State v. Brown neutral | 1 | 2003–2003 |
| State v. Thomas green | 1 | 2003–2003 |
| State v. Blankenship green | 1 | 2003–2003 |
| State v. Mann green | 1 | 2000–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.