R.C. 2925.03(A)(1) Interpretation

In State v. Cabrales, 118 Ohio St.3d 54, 2008 Ohio 1625, 886 N.E.2d 181, the Supreme Court held that the elements of possessing a controlled substance under R.C. 2925.11(A) and trafficking in a controlled substance under R.C. 2925.03(A)(1) (sell or offer to sell) are not allied offenses of similar import as commission of one offense does not necessarily result in the commission of the other. The court noted that, in order to commit the offense of possession under R.C. 2925.11(A), the offender must "knowingly obtain, possess, or use a controlled substance," whereas in order to commit the offense of trafficking under R.C. 2925.03(A)(1), the offender must knowingly sell or offer to sell a controlled substance. The court additionally noted that trafficking under R.C. 2925.03(A)(1) requires an intent to sell, but the offender need not possess the controlled substance in order to offer to sell it, and possession requires no intent to sell.