A Cutler man who admitted to selling marijuana was sentenced Friday in Washington County Common Pleas Court to 90 days in the Washington County Jail.
Phillip L. Smith, 48, of 9640 State Route 555, Cutler, pleaded guilty to two fifth-degree felony counts of trafficking in marijuana.
Smith's attorney, Shawna Landaker, said Smith began using marijuana to try to lessen his dependency on crack cocaine.
"He had a pretty bad crack cocaine problem. This was his way of trying to I guess switch out one addiction for the other," said Landaker.
In order to afford the marijuana he was smoking, he began selling it, said Landaker.
Smith has been undergoing addiction counseling at L & P Services.
"I haven't done drugs in over a year, other than marijuana," Smith told Washington County Common Pleas Court Judge Ed Lane during the sentencing.
Smith was accused of selling marijuana to task force agents for the Washington County Sheriff's Office in May and December of 2010, as well as March and September of 2011.
Though Smith was only charged on two of the four original counts, he was ordered to pay $340 restitution to the Sheriff's Office to cover all four instances.
"I expect you to make a payment on that every month," said Lane.
In addition to jail time, Smith was ordered to five years of community control. He was also required to continue his counseling sessions, said Lane.
Smith was unable to address his crack cocaine addiction with community counseling because he did not have a driver's license, Landaker said.
Because Smith still does not have a license, Lane expressed concern that he would neglect his future L & P visits.
"Are you going to be able to get to counseling now?" asked Lane.
Smith has family members who are going to help him get to the sessions, said Landaker.
Part of the community control sanctions involve random drug testing.
"If you violate any of these terms, it is my intention to send you to prison for the maximum sentence on these two offenses," said Lane.
Each offense carries a 12-month prison sentence, meaning Smith could face two years in prison.
"I expect and I demand 100 percent compliance," said Lane.
Smith will get credit for two days served.
