Illegal Assembly of Drugs

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with illegal assembly or possession of chemicals for manufacture of drugs in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your illegal assembly or possession of chemicals for manufacture of drugs charge.

Illegal Assembly or Possession of Chemicals for Manufacture of Drugs in Ohio

Pursuant to Ohio Revised Code (ORC) 2925.041, if you knowingly assemble or possess one or more chemicals that may be used to manufacture a Schedule I or II controlled substance with the intent to manufacture a Schedule I or II controlled substance, you can be charged with illegal assembly or possession of chemicals for manufacture of drugs. It is sufficient under the statute that you assemble one of the chemicals, but do not have all of the chemicals necessary to make the drug. As long as you knowingly assemble one of the chemicals, and have the intent to manufacture a controlled substance, you can be charged.

If you have been charged with illegal assembly or possession of chemicals for manufacture of drugs in Ohio, you face a serious felony offense. If convicted, you are facing potentially years in prison depending upon where the offense was committed, what chemicals were involved, and whether you have any prior drug convictions. In addition to a prison term, you face thousands of dollars in fines and will lose your driver’s license for a period of 6 months – 5 years.

Penalties for Illegal Assembly or Possession of Chemicals for Manufacture of Drugs in Ohio

The penalties for illegal assembly or possession of chemicals for manufacture of drugs in Ohio vary based on the drug that was being manufactured, whether the offense was committed in the vicinity of a school or juveniles, and the offender’s prior criminal history. This offense can be charged as a 2nd or 3rd degree felony, with the sentence being impacted by the aforementioned factors.

3rd Degree Felony

Except as otherwise provided in ORC 2925.041, illegal assembly or possession of chemicals for manufacture of drugs is a 3rd degree felony and ORC 2929.13(C) applies in determining whether to impose a prison sentence. There is a presumption of a prison term. However, if the violation was in relation to the manufacture of methamphetamine, there either is a presumption for a prison term or the court must impose a mandatory prison term as follows:

  • If you have two or more previous felony drug abuse offenses, the court will be required to impose a mandatory prison term of at least 2 years.
  • If you have two or more previous felony drug abuse offenses and one of them was illegal assembly or possession of chemicals for manufacture of drugs, endangering children when the offense occurred because of the illegal manufacture of drugs, illegal cultivation of marijuana, or illegal assembly or possession of chemicals for manufacture of drugs in the vicinity of children, or illegal manufacture of drugs or illegal cultivation of marijuana, the court shall impose a mandatory prison term of at least 5 years.

In addition to a prison term, the court will be required to impose at least a $5000 fine, or up to a $10,000 fine, and suspend your driver’s license for a period 6 months to 5 years.

2nd Degree Felony

If the offense of illegal assembly or possession of chemicals for manufacture of drugs is committed in the vicinity of a juvenile or school, the offense is classified as a 2nd degree felony and ORC 2929.13(C) applies in determining whether to impose a prison sentence. However, if the violation relates to the manufacture of methamphetamine, the court must impose a mandatory prison term as follows:

  • If the offense relates to the manufacture of methamphetamine, the court must impose a mandatory prison term of at least 3 years.
  • If the offense relates to the manufacture of methamphetamine and if you have a prior conviction for illegal assembly or possession of chemicals for manufacture of drugs, endangering children when the offense occurred because of the illegal manufacture of drugs, illegal cultivation of marijuana, or illegal assembly or possession of chemicals for manufacture of drugs in the vicinity of children, or illegal manufacture of drugs or illegal cultivation of marijuana, the court must impose a mandatory prison term of at least 5 years.

In addition to a prison term, the court will be required to impose at least a $7500 fine, or up to a $15,000 fine, and suspend your driver’s license for a period of 6 months to 5 years.

Secondary Consequences of Conviction

In addition to the penalties outlined above, a conviction will result in a permanent criminal record as a felony drug offender. This can have a multitude of consequences, such as:

  • Difficulty securing employment as many employers will not hire someone with a felony record, particularly when the offense involved drugs.
  • Apartment complexes and landlords will not rent to you.
  • If you have a license to practice law, medicine, nursing, or other professional requiring a license, you may lose the license as a result of the felony drug conviction.
  • If you are a college student, you may lose your financial aid or student loans after a drug conviction.
Defenses to an Illegal Assembly or Possession of Chemicals for Manufacture of Drugs in Ohio

In order to convict you of illegal assembly or possession of chemicals for manufacture of drugs, the prosecutor must prove beyond a reasonable doubt that you:

  • Assembled or possessed one or more chemicals that could be used to make a Schedule I or II drug;
  • That you knowingly assembled or possessed these chemicals; and
  • You do so with the intent of making a Schedule I or II controlled substance.

If the prosecutor is unable to prove any of those elements, your criminal defense attorney may be able to get your charge reduced or dismissed.

Your attorney may also file a motion to suppress the evidence gathered against you, arguing that law enforcement violated your constitutional rights in collecting the evidence. Common procedural errors by law enforcement include:

  • Failure by the police to obtain a warrant to search your person or property.
  • The police didn’t have probable cause to search you or your property without a warrant.
  • Law enforcement arrested you based on a traffic stop and had no probable cause to arrest you.
  • A drug-sniffing dog was used inappropriately in finding evidence.
  • Failure by the police to have reasonable suspicion to arrest you.
  • The police did not administer your Miranda rights before questioning you.

Columbus and Delaware, Ohio Drug Attorney

If you have been charged with illegal assembly or possession of chemicals for manufacture of drugs in Columbus or Delaware, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. An experienced and knowledgeable Columbus and Delaware, Ohio drug attorney can help you fight the charge and achieve the best possible outcome. Contact Attorney David Johnson at (614) 987-0192 or send an email to schedule a consultation to discuss your illegal assembly of drugs case. For more information, consult Johnson Legal, LLC’s drug crimes blog.