COLUMBUS, Ohio (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 Tuesday 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.
Tuesday'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 two kilograms of cocaine. Police never recovered any drugs.
JUNE 8, 2010