Ohio Supreme Court: Trafficking charge applies without drugs

COLUMBUS (AP) — The Ohio Supreme Court has ruled that drug traffickers still face major drug-offender penalties even if the drugs they sought to sell are never found.

In a unanimous 6-0 ruling, the high court ruled today that a recent decision in another case does not apply in cases where the drugs are never recovered.

The earlier decision said a detectable amount of the controlled substance must be present in the drugs that are offered for sale before a court can impose the stiffer penalty for major drug offenders.

Today’s case shoots down a challenge from Oliver Garr, who was charged with first-degree felony drug trafficking and a major drug offender specification after offering to sell an informant 2 kilograms (4.2 pounds) of cocaine. Police never recovered any drugs.