Ohio court: Trafficking count OK even with no drug

Associated Press

COLUMBUS

The Ohio Supreme Court has ruled drug traffickers face major drug-offender penalties even if the drugs they were peddling are never found.

In a 6-0 ruling, the high court ruled Tuesday that a recent decision in another case doesn’t 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. Justices said non-existent drugs can’t be held to the same standard.

Tuesday’s case shoots down a challenge from Oliver Garr, charged with first-degree felony drug trafficking and a major drug- offender specification after offering to sell an informant two kilograms of cocaine. Police never recovered any drugs.

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