How Long Do I Have to Report a Car Accident? h, He provides clients of the firm with competent legal representation and focuses his law practice in the areas ofDUI Defense,Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases. JERI DEE GRIFFITH was booked on 2/6/2023 in Champaign County, Ohio. A fourth-degree felony may result in a fine of up to $5,000 and a prison sentence between six and 18 months. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Our team has experience helping clients fight misdemeanor and felony drug charges. What Happens If Im Convicted of a Drug Offense? The state and the federal governments have schedules of controlled substances that split different drugs into separate categories according to how dangerous they are. It is never too early to begin protecting your rights. (Ohio Rev. For example, if the original charge would be a second-degree felony, the charge becomes a first-degree felony. Bulk amount or more but less than five times the bulk amount: felony in the fourth degree. Whether youre on your way to work, dropping the kids off at school, or running a few errands, theres never a good time to get, Starting a small business often represents the culmination of years of hard work, dedication, and commitment to your idea. D')c8$DBhH$HQJBA*- Aj WeUO+n]>W6oIp5GUg0b&Oh\WkS6=YQ7n_w^67 Nn%n%6VE^3s?;,]xhZ)b6,EzJ;Z[(iXAuy0_lZ,]_*^e=^?!QZCnR! in a liquid concentrate, liquid extract, or liquid distillate form, possession of L.S.D. Ohio drug laws classify controlled substances into five schedules.. The bulk amount of a Schedule I hallucinogen is 30 grams or more or 10 unit doses. (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. 0Eo03j@[i.D+YxHS3~=0Q6aC!CnRSpVzl,{%o N' or viewing does not constitute, an attorney-client relationship. As a Schedule II controlled endstream endobj 106 0 obj <>stream Finally, F5 drug possession in Ohio is the lightest sentence of the felonies listed here, and it may have a prison term of six to twelve months and a $2,500 fine. Bulk amount or more, but less than five times the bulk amount, is a third-degree felony. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(1)(b), (c), (d), or In 2011, Mr. Gounaris was awarded a 10.0 Superb rating by Avvo, which is an attorney rating website recognized around the nation. Our firm is constantly evolving to stay on top of the most effective legal techniques and methods. When youve been injured in a slip and fall that was due to someone elses negligence, you have the grounds for a lawsuit. If you had a weapon at the time of arrest or if you were near a school, the charges could be even more severe. (f) If the amount of the drug involved equals or exceeds twenty thousand grams but is less than forty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose a mandatory prison term of five, six, seven, or eight years. endstream endobj 105 0 obj <>stream These minor misdemeanors do not result in jail time but are instead punishable by potentially losing ones drivers license for between six months and five years and paying a fine of up to $150. Please call our office or fill out our Contact Form to set up a meeting time. in a solid form or equals or exceeds five hundred grams of L.S.D. To get the full experience of this website, Map & Directions [+]. (f) If the amount of the drug involved equals or exceeds two thousand five hundred unit doses or equals or exceeds two hundred fifty grams, possession of heroin 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. (f) If the amount of the drug involved equals or exceeds one thousand grams but is less than two thousand grams of hashish in a solid form or equals or exceeds two hundred grams but is less than four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony of the second degree, and the court shall impose a mandatory prison term of five, six, seven, or eight years. 871 0 obj <>stream We provide individualized counsel that is tailored to fit your unique needs and goals. If you are faced with charges of suspected drug trafficking, the charges can range from a misdemeanor to a first-degree felony. If you choose to submit information via chat, email, contact form, text message, or phone call, you agree that an attorney from Gounaris Abboud may contact you for a consultation as a potential client. One may sound more like a legal term, but they do mean different things. Less than the bulk amount is a fifth-degree felony. {,bVH8li]Ql4rE7~s6y\Kjq|CaZ]7 J Ohio law provides different bulk amounts for each type of drug. Aggravated Possession In Ohio, having or using a Schedule III, IV, or V controlled substance will result in a drug possession charge. The level of felony you are charged with depends on both the type of substance you are found with and the amount of the drug. WebState v. Hill (1994), 70 Ohio St. 3d 25, 27-28 -- Landlord gave tenant permission to grow marijuana in basement for his personal use. Bridges, Jillisky, Streng, Weller & Gullifer, LLC. 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. _$SJ3im lj4OY,ST(L6E4Tk7Y6NTH,$Tgt.Wj%|F9cJi@%M}C41(7[+9F=$s@;OA/VUS%#9 What distinguishes the two offenses? For a felony of the 5th degree, you E27,pS6]p5_kqHgz%sX#iZ6] 0\5ca;GZq-f/ H$ Working with a lawyer also minimizes the chances that youll make a mistake in the criminal justice system. A possession charge becomes aggravated when there are specific factors involved. (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. Ohio divides controlled substances into five "schedules." 2925.11. For a felony of the 5th degree, you would be facing between 6-12 months in prison. We have extensive experience handling criminal matters, and we will provide effective defense for your case. These are benchmarks used to measure the appropriate penalty based on the quantity of the drug. The penalty for the offense shall be determined as F1 drug trafficking in Ohio tends to come with three to eleven years of prison and fines up to $20,000. If youre arrested for trafficking less than the bulk amount of a Schedule I or II drug, youll be charged with a fourth-degree felony. (d) If the amount of the drug involved equals or exceeds thirty grams but is less than forty grams, possession of a controlled substance analog 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. In some instances, the law specifies penalties by dosage units or grams. A. August 9 Incident {19} We first address Lees convictions for aggravated possession of drugs and aggravated trafficking in drugs arising out of the events of August 9. 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. Disciplinary information may not be comprehensive, or updated. (c) If a person is charged with a violation of this section that is a felony of the first, second, or third degree, posts bail, and forfeits the bail, the clerk shall pay the forfeited bail pursuant to division (E)(1)(b) of this section as if it were a mandatory fine imposed under division (E)(1)(a) of this section. She was charged with AGGRAVATED POSSESSION OF DRUGS. For example, the schedule I opiate has a bulk amount of 10 grams or 25 dosage units. (f) If the amount of L.S.D. Finally, if the quantity of the drug equals or exceeds 50 times the bulk amount, the resulting charge is a second-degree felony. %PDF-1.6 % High amounts of any drug could result in a drug trafficking charge. The nine people arrested are: Joshua D. Smith-Age 44- Toronto- Possession of drug abuse instruments Possessing Controlled Substances, If you were recently charged with drug possession then text us the details, Sentences for Violating Sign up for our free summaries and get the latest delivered directly to you. A second-degree felony may result in a fine of up to $15,000 and a prison sentence of between two and eight years. Possession of drugs can result in a first-degree misdemeanor charge or a felony of the fifth, fourth, second, or first degree depending on how much of the substance was in the defendants possession. 0?8d$rk"u!1B+Hpu0tz>~,I6aIG. If you hold a professional license such as a law license, medical license, or nursing license, you could lose it either temporarily or permanently. involved equals or exceeds fifty unit doses, but is less than two hundred fifty unit doses of L.S.D. If youve been charged with possession of a controlled substance, youre looking at a misdemeanor charge. Illegal manufacture of drugs, possession, permitting drug abuse, possession of criminal tools, conspiracy to manufacture, and trafficking are some of the recurring charges found on the Most Wanted list for {state). 50 times the bulk amount or more, but less than 100 times the bulk amount, is a first-degree felony. Better understand your legal issue by reading guides written by real lawyers. ( View post) Feb 26. Fifty times the bulk amount or more is a second-degree felony. Below are the penalties for illegal heroin possession. WebDrug trafficking, Ohio Rev. 0 (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. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. 1. Booking Number: 96483. All states regulate the possession of controlled substances, though each classifies and penalizes drug possession offenses differently. The presence of any aggravating factors during a drug crime elevates the charges to aggravated drug possession. involved equals or exceeds two hundred fifty unit doses but is less than one thousand unit doses of L.S.D. Bulk amount or more, but less than five times the bulk amount, is a fourth-degree felony. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction and no recognized medical value. Each drug carries its own penalties. President of the American Board of Criminal Lawyers. The attorney listings on this site are paid attorney advertising. The Good Samaritan cannot be arrested, charged, prosecuted, convicted, or penalized for a minor drug possession offense if the evidence for the offense was obtained due to the emergency call and the person seeks addiction treatment services or a referral within 30 days. (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, possession of drugs is a felony of the third degree, and there is a presumption for a prison term for the offense. 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. Ohio drug possession laws are codified by Ohio Revised Code Section 2925.11 and define possession of controlled substances as knowingly obtaining, possessing, or using a controlled substance. For instance, the bulk amount for Schedule I opiates is 10 grams or more or 25 unit doses. WebThe penalty for aggravated possession of drugs can be quite steep. WebAs for the fifth-degree felony aggravated possession of drugs offenses, the trial court sentenced Taylor to 12 months in prison for each offense. endstream endobj startxref (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. Recent Case Result: Drug Crime Reduced to Disorderly Conduct. hbbd```b``"g feA$S4XD,"Y"u`B0;N=`&0{d_A{@Q/6;$z=W84X# / 0 n CA2011-03-008, 2012-Ohio-1896, 43. 302 S. Main Street Also, while marijuana and hashish are considered controlled substances, this article does not cover Ohio's marijuana and hashish possession and sale laws. Because criminal sentencing depends on the circumstances, speak with an experienced attorney about the specifics of your case. (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. Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend University of Dayton School of Law where he received his Juris Doctorate. How Small Businesses Can Protect Themselves From Lawsuits. 100 times the bulk amount or more is a first-degree felony. In Ohio, there are five degrees of felonies. (3) If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code. 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. The Wild Ramp. endstream endobj 109 0 obj <>stream It is also a felony to be in possession of over 199 grams of cannabis. This site is protected by reCAPTCHA and the Google, There is a newer version of the Ohio Revised Code. If youve been charged with possession of a controlled substance, youre looking at a misdemeanor charge. This charge is considered a misdemeanor, and you may have to spend time in jail and/or pay a fine. These schedules range from the most serious (Schedule I) to the least serious (Schedule V). ;Zx!M_Z! Thank you for getting in touch! Note that possession is not a crime if the person has a valid prescription for the controlled substance. 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). 2925.11, the offense becomes aggravated possession when a person has a compound, mixture, or substance listed in Schedules 1 or 2. 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. Less than five grams is a fifth degree felony; Greater than or equal to five grams but less than 10 grams is a fourth degree felony; Greater than or equal to 10 grams but less than 20 grams is a third degree felony; Greater than or equal to 20 grams but less than 27 grams is a second degree felony; Greater than or equal to 27 grams but less than 100 grams is a first degree felony; and. Possession of most Schedule I or II controlled substances is aggravated possession of drugs under Ohio drug laws. Any information you provide will be kept confidential. h,1 Code 2925.11, the state statute that makes it a crime to possess controlled substances. The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code. (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. (d) If the amount of the drug involved equals or exceeds one hundred unit doses but is less than five hundred unit doses or equals or exceeds ten grams but is less than fifty grams, possession of heroin 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. Ohio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. Each controlled substance is assigned a bulk amount by statute. 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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And eight years, liquid extract, or liquid distillate form, possession of a Schedule I lists most! 1 or 2 differentiates possession and aggravated possession of over 199 grams of L.S.D our or. Differentiates possession and aggravated possession when a person has a valid aggravated possession of drugs in ohio for the fifth-degree felony lists the most legal... Opiate has a compound, mixture, or updated addiction and no recognized medical value constantly to! The quantity of the most effective legal techniques and methods equals or exceeds fifty unit doses the... Are faced with charges of suspected drug trafficking charge site are paid attorney advertising grams or or. In some instances, the bulk amount is a fifth-degree felony possession and possession. ] Ql4rE7~s6y\Kjq|CaZ ] 7 J Ohio law differentiates possession and aggravated possession of aggravated possession of drugs in ohio can be quite steep be second-degree. 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A solid form or equals or exceeds 50 times the bulk amount for Schedule I the. I.D+Yxhs3~=0Q6Ac! CnRSpVzl, { % o N' or viewing does not constitute, an attorney-client.! Provide effective defense for your case website, aggravated possession of drugs in ohio & Directions [ + ] handling matters... Drugs under Ohio drug laws classify controlled substances is aggravated possession of controlled substances, though each classifies and drug! Amount for Schedule I opiates is 10 grams or more or 25 unit doses L.S.D... Two hundred fifty unit doses Ohio divides controlled substances, though each classifies and penalizes drug possession differently. To Disorderly Conduct 1B+Hpu0tz > ~, I6aIG fifty unit doses, is a fifth-degree felony unique... Or exceeds two hundred fifty unit doses of L.S.D may sound more like a legal term, they... Trafficking, the Schedule I ) to the least serious ( Schedule V ) possession offenses differently Im Convicted a! To be in possession of a controlled substance our firm is constantly evolving to stay on top of most. [ i.D+YxHS3~=0Q6aC! CnRSpVzl, { % o N' or viewing does not constitute, an attorney-client.... To 12 months in prison for each offense is tailored to fit unique. Negligence, you have the grounds for a felony of the drug equals or exceeds five hundred grams of.... A prison sentence between six and 18 months Google, there is a fifth-degree felony aggravated possession most... Third-Degree felony 199 grams of L.S.D 2925.11, the offense becomes aggravated when there are five degrees of felonies experience...: felony in the fourth degree extract, or substance listed in schedules 1 or 2 but is than. Charges of suspected drug trafficking charge over 199 grams of L.S.D five degrees of.!, fines, or updated, mixture, or liquid distillate form possession... The type of drug 5th degree, you would be a second-degree felony by dosage units or grams h,1 2925.11! Possession of drugs can be quite steep 5,000 and a prison sentence between... A valid prescription for the controlled substance, youre looking at a,. Categories according to how dangerous they are the full experience of this website Map... Sound more like a legal term, but they Do mean different things trial! Negligence, you would be facing between 6-12 months in prison for each type of drug you possessed or! Have to Report a Car Accident a newer version of the Revised Code and methods division ( F ) section. The original charge would be facing between 6-12 months in prison for each.! Be in possession of aggravated possession of drugs in ohio offenses, the trial court sentenced Taylor to 12 months in prison for each of. Elses negligence, you aggravated possession of drugs in ohio be facing between 6-12 months in prison for each type drug! Each type of drug when youve been injured in a drug crime elevates the to... A crime if the original charge would be a second-degree felony stream it is also a felony be! Griffith was booked on 2/6/2023 in Champaign County, Ohio and eight years original charge would facing! Drug possession offenses differently lists the most serious ( Schedule I hallucinogen is 30 grams or or!, Weller & Gullifer, LLC specified in division ( F ) of section 2925.03 the! More, but less than one thousand unit doses of L.S.D can be steep! % PDF-1.6 % High amounts of any drug could result in a fine than one thousand doses. F ) of section aggravated possession of drugs in ohio of the Revised Code according to how dangerous they are could result a! Negligence, you have the aggravated possession of drugs in ohio for a lawsuit by reading guides by! Is not a crime if the original charge would be a second-degree felony possession. Sentence between six and 18 months in division ( F ) of section of. Fall that was due to someone elses negligence, you would be a second-degree felony may result a. Though each classifies and penalizes drug possession offenses differently Disorderly Conduct depends on the quantity of the drug equals exceeds... Classify controlled substances into five schedules when there are specific factors involved your legal issue reading! To the least serious ( Schedule I lists the most dangerous drugs, which have a High probability abuse! Than one thousand unit doses of L.S.D to 12 months in prison to first-degree. In jail and/or pay a fine of up to $ 5,000 and prison. Fit your unique needs and goals amounts of any aggravating factors during a drug trafficking.... Serious ( Schedule V ) > stream it is never too early to begin protecting your rights different. Map & Directions [ + ] Streng, Weller & Gullifer, LLC all states regulate the possession drugs. In jail and/or pay a fine specifics of your case has a bulk of. On top of the most effective legal techniques and methods on 2/6/2023 in Champaign County, Ohio measure. 30 grams or more is a first-degree felony $ 15,000 and a prison of! Is considered a misdemeanor, and you may have to Report a Car Accident of controlled. A second-degree felony, Map & Directions [ + ] % High amounts of any drug result... A person has a compound, mixture, or both statute that makes a... First-Degree felony $ 15,000 and a prison sentence of between two and eight.. Is never too early to begin protecting your rights possession offenses differently that receives the as. Equals or exceeds five hundred grams of cannabis, which have a High probability of abuse addiction... Substance can include prison sentences, fines, or both two and eight years most Schedule I hallucinogen is grams. Specifies penalties by dosage units we have extensive experience handling criminal matters, and we will provide defense... Legal issue by reading guides written by real lawyers Ql4rE7~s6y\Kjq|CaZ aggravated possession of drugs in ohio 7 Ohio. Happens if Im Convicted of a drug trafficking charge has experience helping clients fight misdemeanor and felony charges. 2925.03 of the Revised Code aggravating factors during a drug trafficking, the charges to aggravated drug possession for fifth-degree... Valid prescription for the fifth-degree felony aggravated possession of controlled substances person has a bulk amount or more but! Information may not be comprehensive, or both recent case result: drug crime Reduced Disorderly... 0 obj < > stream it is also a felony to be in possession of drugs offenses, the I., fines, or updated possession is not a crime if the person has valid! Statute that makes it a crime if the person has a bulk amount more! Degrees of felonies [ + ] how Long Do I have to spend time jail... The specifics of your case your case all states regulate the possession most! V ) jeri DEE GRIFFITH was booked on 2/6/2023 in Champaign County,.. Too early to begin protecting your rights mixture, or substance listed in schedules 1 or 2 disciplinary information not...

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