You can explore additional available newsletters here. (b) If the amount of the drug involved equals or exceeds ten grams but is less than twenty grams, possession of a controlled substance analog is a felony of the fourth degree, and there is a presumption for a prison term for the offense. Bulk amount or more, but less than five times the bulk amount, is a fourth-degree felony. endstream
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WebThe State of Ohio can charge you with felony 5 drug possession if you possess less than the bulk amount of a controlled substance or a specific amount of marijuana, heroin, The level of charges for aggravated possession depends on the type and amount of the drug involved: The term bulk amount refers to the applicable weighted units of the substance. If youve also been arrested for drunk driving, our. Hiring a criminal defense lawyer gives you the best chance to reduce or eliminate your criminal charges. Any information you provide will be kept confidential. (b) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay a mandatory fine or other fine imposed for a violation of this section pursuant to division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code. Contact us online or call our office at 937-222-1515 to speak with a member of our team. However, its not an aggravated drug possession offense if you had: As you might gather, because Schedule I and II drugs are considered more dangerous than III, IV, or V, an aggravated drug possession offense is more serious than regular possession. WebThe penalty for aggravated possession of drugs can be quite steep. The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code. WebState v. Hart, 12th Dist. For instance, having less than 5 times the bulk amount of a controlled substance is a fourth-degree felony. A defendant who illegally possesses a Schedule III, IV, or V drug faces the following penalties based on the amount possessed. The presence of any aggravating factors during a drug crime elevates the charges to aggravated drug possession. (b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, aggravated possession of drugs is a felony of the third degree, and there is a presumption for a prison term for the offense. In Ohio, if you have an illegal drug or a medication without a prescription, you could be charged with either possession or aggravated possession of controlled substances. L||D+> DA$
There are five schedules of drugs, and each schedule is based on how addictive the substance is. Schedule I and II Controlled Substances Amended by 129th General AssemblyFile No.29, HB 86, 1, eff. ps=$h%sZ#1E[@,"M*Q.s'V`q]q7"(%TrLU@;::@0\;:lA`PLIJ+A,Mx| The state and the federal governments have schedules of controlled substances that split different drugs into separate categories according to how dangerous they are. In addition to the penalties described above, the judge will suspend the defendant's driver's license for at least six months (and up to five years). WebOhio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. It is also a felony to be in possession of over 199 grams of cannabis. Contact Tyack Law today if youre being investigated or you have been charged with a drug-related crime in Ohio. (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. Can You Get an OVI from Driving High in Ohio? Anyone with information regarding their whereabouts, Horsley can contact the Portsmouth P.D. WebPossession of methamphetamine is governed by Ohio Rev. WebAll states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. Code 2925.11, the state statute that makes it a crime to possess controlled substances. Possession of drugs. Thank you for getting in touch! Ohio drug laws classify controlled substances into five schedules.. High amounts of any drug could result in a drug trafficking charge. The defenses you might have against a drug possession charge depends on a number of factors, including: Your criminal defense lawyer could argue that some or all evidence should be excluded because the search or seizure was unconstitutional under the 4th Amendment. Start with your legal issue to find the right lawyer for you. Years licensed, work experience, education. L~=G R-~tyl:r'LlsHL
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Start here to find criminal defense lawyers near you. Less than the bulk amount is a fifth-degree felony. Schedule I and II drugs have a high potential for abuse and could have more severe charges if they are found in your possession without a prescription. 50 times the bulk amount or more, but less than 100 times the bulk amount, is a first-degree felony. %%EOF
Sign up for our free summaries and get the latest delivered directly to you. Below are the penalties for illegal possession of a controlled substance analog. A local criminal defense lawyer can review the facts of your case, explain your options, and advise you of the possible consequences. If youre facing drug crime charges in Dayton, call Rion, Rion & Rion at (937) 223-9133 or contact us online for a free case evaluation. Ohio man indicted on drug, assault charges. If this is your first felony offense, you may even qualify for intervention in lieu of conviction (ILC), whereby you can get both charges dismissed if you complete court-ordered drug treatment and other probation-like requirements. (e) If the amount of the drug involved equals or exceeds forty grams but is less than fifty grams, possession of a controlled substance analog is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree. endstream
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What You Should Know About Ohio Drug Possession Laws, Ohio Penalties for Possessing Controlled Substances, Possession and Aggravated Possession of Controlled Substances in Ohio, All Other Schedule I and II Controlled Substances, Schedule III, IV, and V Controlled Substances. This charge is considered a misdemeanor, and you may have to spend time in jail and/or pay a fine. What distinguishes the two offenses? Also, while marijuana and hashish are considered controlled substances, this article does not cover Ohio's marijuana and hashish possession and sale laws. Possession of marijuana in Ohio is penalized as follows: If youre charged with marijuana possession in Ohio, contact a criminal defense lawyer today. Check out Ohio Marijuana Laws for more information. Nothing on this site should be taken as legal advice for any individual Possession of drugs can result in a first-degree misdemeanor charge or a felony of the fifth, fourth, second, or first degree depending on how much of the substance was in the defendants possession. If you are caught trafficking drugs in Ohio, the penalties vary depending on the type of drug and the amount of the drug youre caught with. in a solid form or equals or exceeds twenty-five grams but is less than one hundred grams of L.S.D. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(6)(b), (c), (d), (e), or (f) of this section, possession of heroin 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. endstream
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Whether they are illegal drugs or prescription medications, controlled substances have various effects. or viewing does not constitute, an attorney-client relationship. 2929.14(A)(5). The harshest penalties you face are jail time and fines. There are a few different factors that change a drug possession to a more severe charge. The bulk amount of a Schedule I hallucinogen is 30 grams or more or 10 unit doses. Ohio drug trafficking laws vary depending on which substance is being trafficked and the amount of the substance. {20} Lee was convicted of aggravated possession of drugs in violation of R.C. Avvo has 97% of all lawyers in the US. WebIn trial court case number 17CR271, appellant pleaded guilty to: (1) aggravated possession of drugs (methamphetamine), a second-degree felony, (2) aggravated trafficking in in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. To learn more about sentencing, check out: Ohio Misdemeanor Crimes by Class and Sentence and Ohio Felony Crimes by Class and Sentence. In Ohio, there are five degrees of felonies. One hundred times the bulk amount or more: felony in the first degree as a major drug offender (and a mandatory prison term). Fourth-degree felony charges have a smaller $5,000 fine limit and six to eighteen months in jail. (e) If the amount of the drug involved equals or exceeds twenty-seven grams but is less than one hundred grams of cocaine, possession of cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree. endstream
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The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(7)(b), (c), (d), (e), (f), or (g) of this section, possession of hashish is a minor misdemeanor. Mr. Horwitz is available to represent persons charged with crimes in Ohio for a fee. This site is protected by reCAPTCHA and the Google, There is a newer version of the Ohio Revised Code. The classifications of controlled substances are as follows: In Ohio, having or using a Schedule III, IV, or V controlled substance will result in a drug possession charge. These schedules range from the most serious (Schedule I) to the least serious (Schedule V). If youve been arrested for aggravated drug possession and are facing a felony, you should seek the counsel of a, Possession of more drugs than one person could consume (indicates an intent to sell), Having equipment that proves you had a plan to sell or distribute, Manufacturing methamphetamine in the presence of a minor or where the minor lives and exposing them to meth, its ingredients, or its byproducts, Manufacturing meth in a building with multiple homes, such as an apartment building or condominium, Reach out to our legal team to get started. If the quantity of the drug equals or exceeds the bulk amount but is less than five times the bulk amount, the charge is a third-degree felony. endstream
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However, possession of some Schedule I and II drugs will not result in aggravated possession charges. (c) If the amount of the drug involved equals or exceeds twenty grams but is less than thirty grams, possession of a controlled substance analog is a felony of the third degree, and there is a presumption for a prison term for the offense. (B) This section does not apply to any of the following: (1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code; (2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States food and drug administration; (3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. Its also important to know that if youre caught trafficking Schedule I, II, III, IV, or V drugs near a school, the charge is one degree higher. case or situation. 0?8l$rk"u!1B+HpaV>mm&==.Yl
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If youve been charged with possession of Schedule I through Schedule III, you will have to spend up to a year in jail, but it could be longer if you have methamphetamine, PCP, or other Schedule I drugs. Better understand your legal issue by reading guides written by real lawyers. Fill out the form to get started with your free case evaluation. Code 2925.11; 2925.38 (2022).). A fifth-degree felony carries a maximum fine of $2,500 and between six and 12 months in prison. The exception to this charge is if the drug in question was: Generally, this offense is charged as a fifth-degree felony. Prior case results and client testimonials do not guarantee or predict a similar outcome in any future case. However, if youve been charged with an aggravated drug crime, youre facing a felony charge. case or situation. The level of drug possession increases based on the amount of drugs you were carrying at the time of the arrest. Do Not Sell or Share My Personal Information, Ohio Misdemeanor Crimes by Class and Sentence, Do Not Sell or Share My Personal Information, Less than the bulk amount: felony in the fifth degree, More than the bulk amount but less than five times the bulk amount: felony in the third degree, Five times the bulk amount or more but less than 50 times the bulk amount: felony in the second degree (and a mandatory, Fifty times the bulk amount or more but less than 100 times the bulk amount: felony in the first degree (and a mandatory prison term). However, there is a presumption that you will receive community control sanctions (probation) if convicted. If you did not receive proper Miranda warnings when you were taken into custody, your lawyer could also argue that any incriminating statements you made to police and resulting evidence should be excluded under the 5th Amendment. Ohio drug laws follow federal classifications of controlled substances into five schedules: Whether a controlled substance is important for criminal charges, penalties, and In State v. Bevly, 2015-Ohio -475, the Supreme Court held that a mandatory prison term based upon corroborating evidence is unconstitutional . (3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of possession of marihuana. P3r{aGZ%lv}1r+X
%W S.eUm63QD4T?P| Ohio has one of the highest rates of opioid prescriptions per 100 persons in the United States. is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. (e) If the amount of the drug involved equals or exceeds two hundred fifty grams but is less than one thousand grams of hashish in a solid form or equals or exceeds fifty grams but is less than two hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. Web(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount but is less than one hundred times the bulk amount, aggravated possession of drugs is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree For fifth-degree felony aggravated possession of drugs, the prison term shall be a definite term of six, seven, eight, nine, ten, eleven, or twelve months. R.C. Less than the bulk amount: misdemeanor in the first degree for a first offense or felony in the fifth degree for subsequent offenses. 301, as amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act; (4) Any person who obtained the controlled substance pursuant to a lawful prescription issued by a licensed health professional authorized to prescribe drugs. Ohio classifies not only well-known drugs, like marijuana, heroin, and cocaine, as controlled substances but also the compounds used to manufacture them. (e) If the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, possession of marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. One type of alternative sentence is attending and completing a substance abuse treatment program at a treatment center. 302 S. Main Street Only after Mr. Horwitz is retained, or agrees to discuss a matter privately, shall Mr. Horwitz be deemed your attorney. 99 0 obj
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However, possessing between 5 and 50 times the bulk amount is a third-degree felony. hlMO1M]CHx0D"F.{n'ln; `Sl} -RV>\T#Hv1u`cpkt]I*4BG)!t,5t`ZxM(dQ3;?Z"MYTq&AY=\Lly1a"eE+UO[x6xQEF~}'
^LN6*Bix (d) If the amount of the drug involved equals or exceeds fifty grams but is less than two hundred fifty grams of hashish in a solid form or equals or exceeds ten grams but is less than fifty grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. 871 0 obj
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What Happens Now? (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. -- Ryan Dierks, Newark, Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Depending on the facts of your case, you might be able to go to rehab instead of jail. E27-qS6]p5/4`-O#U s8~4)-/*PMUcQ All states regulate the possession of controlled substances, though each classifies and penalizes drug possession offenses differently. 100 times the bulk amount or more is a first-degree felony. It is never too early to begin protecting your rights. Some controlled substances, including marijuana, LSD, heroin, and cocaine, are measured by weight. , can provide legal counsel. What Are the Penalties If Im Caught Drug Trafficking? If the quantity is extremely large, a person may be labeled as a major drug offender (MDO) and the penalty would include a mandatory minimum sentence of 11 years. What Happens If Im Convicted of a Drug Offense? If you heard the term aggravated drug possession during your arrest or hearing, you might not understand how that is any different from a drug possession charge. Although they contain similar elements both involve knowingly obtaining, using, or possessing drugs they differ in the type of substance involved. When drug crimes happen around minors, they become more severe. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Ohio law supplies suggested sentencing, but the penalties can vary depending on the particular facts and circumstances of each case: The sentences listed here are the penalties suggested by Ohio law. F1 drug trafficking in Ohio tends to come with three to eleven years of prison and fines up to $20,000. Bulk amount or more but less than five times the bulk amount: felony in the fourth degree. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(1)(b), (c), (d), or document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); 275 N. Main Street,Suite D Springboro, OH 45066, 7103 Hamilton Mason Rd,West Chester, OH 45069, Gounaris Abboud provides legal advice and legal representation throughout the State of Ohio. Lets take a look at everything you need to know. Thus, the punishments are more severe for the former. Additionally, you will have a permanent criminal record as a drug offender. document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Please check official sources. o iq V22LmmfPV0``cacifhbp8C`* E,ESfu`xeF'u&".3,p(i}x[0 .v
WebMarty Trese. Note that possession is not a crime if the person has a valid prescription for the controlled substance. endstream
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Under O.R.C. The review or use of information on this site does not create an attorney-client relationship. For example, if the original charge would be a second-degree felony, the charge becomes a first-degree felony. In Ohio, as in all other states, it is illegal for a person to possess certain controlled substances. Penalties depend on whether the defendant possessed less or more than the bulk amount. Brown No. [sE$bT_?i29#oiW^? Post your question and get advice from multiple lawyers. Booking Number: 96483. What Is the Most Likely Outcome for Felony 5 Drug Possession in Ohio? (g) If the amount of the drug involved equals or exceeds forty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the second degree. Mr. Horwitz answers questions on Avvo only to provide general advice based upon the limited information in the question. If the amount of the drug equals or exceeds five times the bulk amount but is less than 50 times the bulk amount, youll be charged with a second-degree felony. Finally, if the quantity of the drug equals or exceeds 50 times the bulk amount, the resulting charge is a second-degree felony. hb```U@Abl,+%:Hp38z0?}JS6JU96%|4N]).(@['qD;M The schedule lists drugs according to their medical use, the potential for abuse, and the possibility of causing psychological or physical dependence. Disciplinary information may not be comprehensive, or updated. involved equals or exceeds two hundred fifty unit doses but is less than one thousand unit doses of L.S.D. Over 80 Vendors from across West. If youve been charged with possession of a controlled substance, youre looking at a misdemeanor charge. Crossing State Lines with Medical Marijuana in Ohio: Is It Legal? If you had a weapon at the time of arrest or if you were near a school, the charges could be even more severe. These are benchmarks used to measure the appropriate penalty based on the quantity of the drug. (E) In addition to any prison term or jail term authorized or required by division (C) of this section and sections 2929.13, 2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in addition to any other sanction that is imposed for the offense under this section, sections 2929.11 to 2929.18, or sections 2929.21 to 2929.28 of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section shall do all of the following that are applicable regarding the offender: (a) If the violation is a felony of the first, second, or third degree, the court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent. %PDF-1.6
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Ohio law provides different bulk amounts for each type of drug. (d) If the amount of the drug involved equals or exceeds twenty grams but is less than twenty-seven grams of cocaine, possession of cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. If you need help with a felony drug possession case in Columbus or Franklin County, OH, call The Maher Law Firm now at (614) 205-2208. Contact an Ohio Criminal Defense Attorney, Ohio Penalties for Actual possession refers to having the drugs on the person's body, such as in their hand or pocket. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. WebPossible Ohio drug trafficking and aggravated drug trafficking charges: Aggravated trafficking is a felony of the third degree if: Aggravated drug trafficking is committed in :X+^VI~tu%8!o $nH'N+G@`Z`HI=xN~0
Our dedication to you has led to the achievement of favorable results for many legal matters. If you're charged with violating Ohio's drug possession laws, then you may At the same time, it also has the fourth-highest rate of opioid-related overdose death. (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. h,A When your punishment for a criminal offense is not jail time, you receive what is called an alternative sentence. WebCERTAIN DRUG OFFENSES . Before delving into the specifics of what separates the two crimes, well first discuss the schedule of controlled substances. The Wild Ramp. Ohio First-Offense of Possession of Drug Paraphernalia Overview. This information is not intended to create, and receipt (c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, aggravated possession of drugs is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. Disclaimer: These codes may not be the most recent version. (f) If the amount of L.S.D. In State v. Bevly, 2015-Ohio -475, the Supreme Court held that a mandatory prison term based upon corroborating evidence is unconstitutional You can also contact us online. (d) If the amount of the drug involved equals or exceeds one thousand grams but is less than five thousand grams, possession of marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. in a solid form or equals or exceeds five hundred grams of L.S.D. Five times the bulk amount or more but less than 50 times the bulk amount: felony in the third degree (with a presumptive prison term), Fifty times the bulk amount or more: felony in the second degree (and a mandatory prison term), Less than five grams: felony in the fifth degree, Five grams or more but less than 10 grams: felony in the fourth degree, Ten grams or more but less than 20 grams: felony in the third degree, Twenty grams or more but less than 27 grams: felony in the second degree (and a mandatory prison term), Twenty-seven grams or more but less than 100 grams: felony in the first degree (and a mandatory prison term), One hundred grams or more: felony in the first degree as a major drug offender (and a mandatory prison term), Fewer than 10 unit doses in solid form or less than one gram in liquid form: felony in the fifth degree, Ten doses or more but fewer than 50 doses in solid form or one gram or more but less than five grams in liquid form: felony in the fourth degree, Fifty doses or more but fewer than 250 doses in solid form or five grams or more but less than 25 grams in liquid form: felony in the third degree, Two hundred fifty doses or more but fewer than 1,000 doses in solid form or 25 grams or more but less than 100 grams in liquid form: felony in the second degree (and a mandatory prison term), One thousand doses or more but fewer than 5,000 doses in solid form or 100 grams or more but less than 500 grams in liquid form: felony in the first degree (and a mandatory prison term), Five thousand doses or more in solid form or 500 grams or more in liquid form: felony in the first degree as a major drug offender (and a mandatory prison sentence), Fewer than 10 unit doses or less than one gram: felony in the fifth degree, Ten doses or more but fewer than 50 doses or one gram or more but not more than five grams: felony in the fourth degree, Fifty doses or more but fewer than 100 doses or five grams or more but not more than 10 grams: felony in the third degree, One hundred doses or more but fewer than 500 doses or 10 grams or more but less than 50 grams: felony in the second degree (and a mandatory prison term), Five hundred doses or more but fewer than 1,000 doses or 50 grams or more but less than 100 grams: felony in the first degree (and a mandatory prison term), One thousand doses or more or 100 grams or more: felony in the first degree as a major drug offender (and the maximum mandatory prison term), Fewer than 10 doses or less than one gram: felony in the fifth degree, One hundred doses or more but fewer than 200 doses or 10 grams or more but less than 20 grams: felony in the second degree (and a mandatory prison term), Two hundred doses or more but fewer than 500 doses or 20 grams or more but less than 50 grams: felony in the first degree (and a mandatory prison term), Five hundred doses or more but fewer than 1,000 doses or 50 grams or more but less than 100 grams: felony in the first degree (and the maximum mandatory prison term), Less than 10 grams: felony in the fifth degree, Ten grams or more but less than 20 grams: felony in the fourth degree, Twenty grams or more but less than 30 grams: felony in the third degree, Thirty grams or more but less than 40 grams: felony in the second degree (and a mandatory prison term), Forty grams or more but less than 50 grams: felony in the first degree (and a mandatory prison term), Fifty grams or more: felony in the first degree as a major drug offender (and a mandatory prison term). 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