As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 122 5
1997-1998 6
REPRESENTATIVES MYERS-TIBERI-BATEMAN-REID-PADGETT-HAINES-BRADING- 8
CATES-CORBIN-PRINGLE 9
11
A B I L L
To amend section 2925.03 of the Revised Code to 12
prohibit the possession, transport, delivery, or 13
distribution of a controlled substance for sale 14
or resale. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2925.03 of the Revised Code be 19
amended to read as follows: 20
Sec. 2925.03. (A)(1) No person shall knowingly sell or 32
offer to sell a controlled substance. 34
(2) NO PERSON SHALL KNOWINGLY POSSESS, TRANSPORT, DELIVER, 36
OR DISTRIBUTE A CONTROLLED SUBSTANCE THAT THE PERSON INTENDS TO 37
SELL OR RESELL OR THAT THE PERSON KNOWS OR HAS REASONABLE CAUSE 38
TO BELIEVE ANOTHER PERSON INTENDS TO SELL OR RESELL. 39
(B) This section does not apply to any of the following: 41
(1) Manufacturers, practitioners, pharmacists, owners of 43
pharmacies, and other persons whose conduct is in accordance with 44
Chapters 3719., 4715., 4729., 4731., and 4741. or section 4723.56 47
of the Revised Code.;
(2) If the offense involves an anabolic steroid, any 49
person who is conducting or participating in a research project 50
involving the use of an anabolic steroid if the project has been 51
approved by the United States food and drug administration; 52
(3) Any person who sells, offers for sale, prescribes, 54
dispenses, or administers for livestock or other nonhuman species 55
an anabolic steroid that is expressly intended for administration 56
2
through implants to livestock or other nonhuman species and 57
approved for that purpose under the "Federal Food, Drug, and 58
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 59
and is sold, offered for sale, prescribed, dispensed, or 60
administered for that purpose in accordance with that act. 61
(C) Whoever violates division (A) of this section is 63
guilty of one of the following: 64
(1) If the drug involved in the violation is any compound, 67
mixture, preparation, or substance included in schedule I or 68
schedule II, with the exception of marihuana, cocaine, L.S.D., 69
heroin, and hashish, whoever violates division (A) of this 71
section is guilty of aggravated trafficking in drugs. The 72
penalty for the offense shall be determined as follows: 73
(a) Except as otherwise provided in division (C)(1)(b), 76
(c), (d), (e), or (f) of this section, aggravated trafficking in 77
drugs is a felony of the fourth degree, and division (C) of 79
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 81
(b) Except as otherwise provided in division (C)(1)(c), 84
(d), (e), or (f) of this section, if the offense was committed in 85
the vicinity of a school or in the vicinity of a juvenile, 86
aggravated trafficking in drugs is a felony of the third degree, 87
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 88
(c) Except as otherwise provided in this division, if the 90
amount of the drug involved exceeds the bulk amount but does not 92
exceed five times the bulk amount, aggravated trafficking in 93
drugs is a felony of the third degree, and the court shall impose 94
as a mandatory prison term one of the prison terms prescribed for 95
a felony of the third degree. If the amount of the drug involved 96
is within that range and if the offense was committed in the 97
vicinity of a school or in the vicinity of a juvenile, aggravated 98
trafficking in drugs is a felony of the second degree, and the 99
court shall impose as a mandatory prison term one of the prison 100
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terms prescribed for a felony of the second degree. 101
(d) Except as otherwise provided in this division, if the 103
amount of the drug involved exceeds five times the bulk amount 105
but does not exceed fifty times the bulk amount, aggravated 106
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 107
terms prescribed for a felony of the second degree. If the 108
amount of the drug involved is within that range and if the 109
offense was committed in the vicinity of a school or in the 110
vicinity of a juvenile, aggravated trafficking in drugs is a 111
felony of the first degree, and the court shall impose as a 112
mandatory prison term one of the prison terms prescribed for a 113
felony of the first degree. 114
(e) If the amount of the drug involved exceeds fifty times 117
the bulk amount but does not exceed one hundred times the bulk 118
amount and regardless of whether the offense was committed in the 119
vicinity of a school or in the vicinity of a juvenile, aggravated 120
trafficking in drugs is a felony of the first degree, and the 121
court shall impose as a mandatory prison term one of the prison 122
terms prescribed for a felony of the first degree. 123
(f) If the amount of the drug involved exceeds one hundred 126
times the bulk amount and regardless of whether the offense was 127
committed in the vicinity of a school or in the vicinity of a 128
juvenile, aggravated trafficking in drugs is a felony of the 129
first degree, and the court shall impose as a mandatory prison 130
term the maximum prison term prescribed for a felony of the first 131
degree and may impose an additional prison term prescribed for a 132
major drug offender under division (D)(3)(b) of section 2929.14 133
of the Revised Code. 134
(2) If the drug involved in the violation is any compound, 137
mixture, preparation, or substance included in schedule III, IV, 138
or V, whoever violates division (A) of this section is guilty of 139
trafficking in drugs. The penalty for the offense shall be 140
determined as follows: 141
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(a) Except as otherwise provided in division (C)(2)(b), 144
(c), (d), or (e) of this section, trafficking in drugs is a 146
felony of the fifth degree, and division (C) of section 2929.13 147
of the Revised Code applies in determining whether to impose a 148
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 151
(d), or (e) of this section, if the offense was committed in the 152
vicinity of a school or in the vicinity of a juvenile, 153
trafficking in drugs is a felony of the fourth degree, and 154
division (C) of section 2929.13 of the Revised Code applies in 155
determining whether to impose a prison term on the offender. 157
(c) Except as otherwise provided in this division, if the 159
amount of the drug involved exceeds the bulk amount but does not 161
exceed five times the bulk amount, trafficking in drugs is a 162
felony of the fourth degree, and there is a presumption for a 163
prison term for the offense. If the amount of the drug involved 164
is within that range and if the offense was committed in the 165
vicinity of a school or in the vicinity of a juvenile, 166
trafficking in drugs is a felony of the third degree, and there 167
is a presumption for a prison term for the offense. 168
(d) Except as otherwise provided in this division, if the 170
amount of the drug involved exceeds five times the bulk amount 172
but does not exceed fifty times the bulk amount, trafficking in 173
drugs is a felony of the third degree, and there is a presumption 174
for a prison term for the offense. If the amount of the drug 175
involved is within that range and if the offense was committed in 176
the vicinity of a school or in the vicinity of a juvenile, 177
trafficking in drugs is a felony of the second degree, and there 178
is a presumption for a prison term for the offense. 179
(e) Except as otherwise provided in this division, if the 181
amount of the drug involved exceeds fifty times the bulk amount, 183
trafficking in drugs is a felony of the second degree, and the 184
court shall impose as a mandatory prison term one of the prison 185
terms prescribed for a felony of the second degree. If the 186
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amount of the drug involved exceeds fifty times the bulk amount 187
and if the offense was committed in the vicinity of a school or 188
in the vicinity of a juvenile, trafficking in drugs is a felony 189
of the first degree, and the court shall impose as a mandatory 190
prison term one of the prison terms prescribed for a felony of 191
the first degree. 192
(3) If the drug involved in the violation is marihuana or 194
a compound, mixture, preparation, or substance containing 195
marihuana other than hashish, whoever violates division (A) of 197
this section is guilty of trafficking in marihuana. The penalty 198
for the offense shall be determined as follows: 199
(a) Except as otherwise provided in division (C)(3)(b), 202
(c), (d), (e), (f), or (g) of this section, trafficking in 203
marihuana is a felony of the fifth degree, and division (C) of 206
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 207
(b) Except as otherwise provided in division (C)(3)(c), 210
(d), (e), (f), or (g) of this section, if the offense was 212
committed in the vicinity of a school or in the vicinity of a 213
juvenile, trafficking in marihuana is a felony of the fourth 214
degree, and division (C) of section 2929.13 of the Revised Code 215
applies in determining whether to impose a prison term on the 216
offender.
(c) Except as otherwise provided in this division, if the 218
amount of the drug involved exceeds two hundred grams but does 220
not exceed one thousand grams, trafficking in marihuana is a 221
felony of the fourth degree, and division (C) of section 2929.13 222
of the Revised Code applies in determining whether to impose a 224
prison term on the offender. If the amount of the drug involved 225
is within that range and if the offense was committed in the 226
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 227
division (C) of section 2929.13 of the Revised Code applies in 228
determining whether to impose a prison term on the offender. 229
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(d) Except as otherwise provided in this division, if the 231
amount of the drug involved exceeds one thousand grams but does 233
not exceed five thousand grams, trafficking in marihuana is a 234
felony of the third degree, and division (C) of section 2929.13 235
of the Revised Code applies in determining whether to impose a 236
prison term on the offender. If the amount of the drug involved 237
is within that range and if the offense was committed in the 238
vicinity of a school or in the vicinity of a juvenile, 239
trafficking in marihuana is a felony of the second degree, and 240
there is a presumption that a prison term shall be imposed for 241
the offense.
(e) Except as otherwise provided in this division, if the 243
amount of the drug involved exceeds five thousand grams but does 245
not exceed twenty thousand grams, trafficking in marihuana is a 246
felony of the third degree, and there is a presumption that a 247
prison term shall be imposed for the offense. If the amount of 248
the drug involved is within that range and if the offense was 249
committed in the vicinity of a school or in the vicinity of a 250
juvenile, trafficking in marihuana is a felony of the second 251
degree, and there is a presumption that a prison term shall be 252
imposed for the offense. 253
(f) Except as otherwise provided in this division, if the 255
amount of the drug involved exceeds twenty thousand grams, 257
trafficking in marihuana is a felony of the second degree, and 258
the court shall impose as a mandatory prison term the maximum 259
prison term prescribed for a felony of the second degree. If the 260
amount of the drug involved exceeds twenty thousand grams and if 261
the offense was committed in the vicinity of a school or in the 262
vicinity of a juvenile, trafficking in marihuana is a felony of 263
the first degree, and the court shall impose as a mandatory 264
prison term the maximum prison term prescribed for a felony of 265
the first degree. 266
(g) Except as otherwise provided in this division, if the 269
offense involves a gift of twenty grams or less of marihuana, 270
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trafficking in marihuana is a minor misdemeanor upon a first 271
offense and a misdemeanor of the third degree upon a subsequent 272
offense. If the offense involves a gift of twenty grams or less 273
of marihuana and if the offense was committed in the vicinity of 274
a school or in the vicinity of a juvenile, trafficking in 275
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 277
compound, mixture, preparation, or substance containing cocaine, 278
whoever violates division (A) of this section is guilty of 280
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 281
(a) Except as otherwise provided in division (C)(4)(b), 284
(c), (d), (e), (f), or (g) of this section, trafficking in 285
cocaine is a felony of the fifth degree, and division (C) of 287
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 289
(b) Except as otherwise provided in division (C)(4)(c), 292
(d), (e), (f), or (g) of this section, if the offense was 293
committed in the vicinity of a school or in the vicinity of a 295
juvenile, trafficking in cocaine is a felony of the fourth 296
degree, and division (C) of section 2929.13 of the Revised Code 297
applies in determining whether to impose a prison term on the 299
offender.
(c) Except as otherwise provided in this division, if the 301
amount of the drug involved exceeds five grams but does not 302
exceed ten grams of cocaine that is not crack cocaine or exceeds 304
one gram but does not exceed five grams of crack cocaine, 306
trafficking in cocaine is a felony of the forth FOURTH degree, 308
and there is a presumption for a prison term for the offense. If 309
the amount of the drug involved is within one of those ranges and
if the offense was committed in the vicinity of a school or in 311
the vicinity of a juvenile, trafficking in cocaine is a felony of 312
the third degree, and there is a presumption for a prison term
for the offense. 313
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(d) Except as otherwise provided in this division, if the 315
amount of the drug involved exceeds ten grams but does not exceed 316
one hundred grams of cocaine that is not crack cocaine or exceeds 318
five grams but does not exceed ten grams of crack cocaine, 319
trafficking in cocaine is a felony of the third degree, and the 320
court shall impose as a mandatory prison term one of the prison 321
terms prescribed for a felony of the third degree. If the amount 322
of the drug involved is within one of those ranges and if the 323
offense was committed in the vicinity of a school or in the 325
vicinity of a juvenile, trafficking in cocaine is a felony of the 328
second degree, and the court shall impose as a mandatory prison 329
term one of the prison terms prescribed for a felony of the 330
second degree.
(e) Except as otherwise provided in this division, if the 332
amount of the drug involved exceeds one hundred grams but does 333
not exceed five hundred grams of cocaine that is not crack 334
cocaine or exceeds ten grams but does not exceed twenty-five 336
grams of crack cocaine, trafficking in cocaine is a felony of the 338
second degree, and the court shall impose as a mandatory prison 339
term one of the prison terms prescribed for a felony of the 340
second degree. If the amount of the drug involved is within one 341
of those ranges and if the offense was committed in the vicinity 342
of a school or in the vicinity of a juvenile, trafficking in 344
cocaine is a felony of the first degree, and the court shall 346
impose as a mandatory prison term one of the prison terms 347
prescribed for a felony of the first degree. 348
(f) If the amount of the drug involved exceeds five 351
hundred grams but does not exceed one thousand grams of cocaine 352
that is not crack cocaine or exceeds twenty-five grams but does 353
not exceed one hundred grams of crack cocaine and regardless of 354
whether the offense was committed in the vicinity of a school or 355
in the vicinity of a juvenile, trafficking in cocaine is a felony 358
of the first degree, and the court shall impose as a mandatory 359
prison term one of the prison terms prescribed for a felony of 360
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the first degree.
(g) If the amount of the drug involved exceeds one 363
thousand grams of cocaine that is not crack cocaine or exceeds 364
one hundred grams of crack cocaine and regardless of whether the 366
offense was committed in the vicinity of a school or in the 367
vicinity of a juvenile, trafficking in cocaine is a felony of the 368
first degree, and the court shall impose as a mandatory prison 369
term the maximum prison term prescribed for a felony of the first 370
degree and may impose an additional mandatory prison term 371
prescribed for a major drug offender under division (D)(3)(b) of 373
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 376
compound, mixture, preparation, or substance containing L.S.D., 377
whoever violates division (A) of this section is guilty of 378
trafficking in L.S.D. The penalty for the offense shall be 380
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 383
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 385
is a felony of the fifth degree, and division (C) of section 386
2929.13 of the Revised Code applies in determining whether to 388
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 391
(d), (e), (f), or (g) of this section, if the offense was 392
committed in the vicinity of a school or in the vicinity of a 393
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 395
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 396
(c) Except as otherwise provided in this division, if the 398
amount of the drug involved exceeds ten unit doses but does not 400
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 401
gram but does not exceed five grams of L.S.D. in a liquid 403
concentrate, liquid extract, or liquid distillate form, 405
trafficking in L.S.D. is a felony of the fourth degree, and there 408
is a presumption for a prison term for the offense. If the 409
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amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 410
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 412
third degree, and there is a presumption for a prison term for 413
the offense.
(d) Except as otherwise provided in this division, if the 415
amount of the drug involved exceeds fifty unit doses but does not 417
exceed two hundred fifty unit doses of L.S.D. in a solid form or 418
exceeds five grams but does not exceed twenty-five grams of 420
L.S.D. in a liquid concentrate, liquid extract, or liquid 422
distillate form, trafficking in L.S.D. is a felony of the third 425
degree, and the court shall impose as a mandatory prison term one 426
of the prison terms prescribed for a felony of the third degree. 427
If the amount of the drug involved is within that range and if 428
the offense was committed in the vicinity of a school or in the 429
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 431
second degree, and the court shall impose as a mandatory prison 432
term one of the prison terms prescribed for a felony of the 433
second degree.
(e) Except as otherwise provided in this division, if the 435
amount of the drug involved exceeds two hundred fifty unit doses 437
but does not exceed one thousand unit doses of L.S.D. in a solid 439
form or exceeds twenty-five grams but does not exceed one hundred 441
grams of L.S.D. in a liquid concentrate, liquid extract, or 443
liquid distillate form, trafficking in L.S.D. is a felony of the 445
second degree, and the court shall impose as a mandatory prison 446
term one of the prison terms prescribed for a felony of the 447
second degree. If the amount of the drug involved is within that 448
range and if the offense was committed in the vicinity of a 449
school or in the vicinity of a juvenile, trafficking in L.S.D. is 451
a felony of the first degree, and the court shall impose as a 452
mandatory prison term one of the prison terms prescribed for a 453
felony of the first degree.
(f) If the amount of the drug involved exceeds one 456
11
thousand unit doses but does not exceed five thousand unit doses 457
of L.S.D. in a solid form or exceeds one hundred grams but does 460
not exceed five hundred grams of L.S.D. in a liquid concentrate, 462
liquid extract, or liquid distillate form and regardless of 463
whether the offense was committed in the vicinity of a school or 464
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 465
of the first degree, and the court shall impose as a mandatory 466
prison term one of the prison terms prescribed for a felony of 467
the first degree. 468
(g) If the amount of the drug involved exceeds five 471
thousand unit doses of L.S.D. in a solid form or exceeds five 472
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 474
or liquid distillate form and regardless of whether the offense 477
was committed in the vicinity of a school or in the vicinity of a 478
juvenile, trafficking in L.S.D. is a felony of the first degree, 481
and the court shall impose as a mandatory prison term the maximum 482
prison term prescribed for a felony of the first degree and may 483
impose an additional mandatory prison term prescribed for a major 484
drug offender under division (D)(3)(b) of section 2929.14 of the 486
Revised Code.
(6) If the drug involved in the violation is heroin or a 488
compound, mixture, preparation, or substance containing heroin, 489
whoever violates division (A) of this section is guilty of 491
trafficking in heroin. The penalty for the offense shall be
determined as follows: 492
(a) Except as otherwise provided in division (C)(6)(b), 495
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 497
is a felony of the fifth degree, and division (C) of section 498
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 500
(b) Except as otherwise provided in division (C)(6)(c), 503
(d), (e), (f), or (g) of this section, if the offense was 504
committed in the vicinity of a school or in the vicinity of a 507
juvenile, trafficking in heroin is a felony of the fourth degree, 508
12
and division (C) of section 2929.13 of the Revised Code applies 510
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 512
amount of the drug involved exceeds one gram but does not exceed 514
five grams, trafficking in heroin is a felony of the fourth 515
degree, and there is a presumption for a prison term for the 516
offense. If the amount of the drug involved is within that range 517
and if the offense was committed in the vicinity of a school or 518
in the vicinity of a juvenile, trafficking in heroin is a felony 519
of the third degree, and there is a presumption for a prison term 520
for the offense. 521
(d) Except as otherwise provided in this division, if the 523
amount of the drug involved exceeds five grams but does not 525
exceed ten grams, trafficking in heroin is a felony of the third 526
degree, and there is a presumption for a prison term for the 527
offense. If the amount of the drug involved is within that range 528
and if the offense was committed in the vicinity of a school or 529
in the vicinity of a juvenile, trafficking in heroin is a felony 530
of the second degree, and there is a presumption for a prison 531
term for the offense. 532
(e) Except as otherwise provided in this division, if the 534
amount of the drug involved exceeds ten grams but does not exceed 536
fifty grams, trafficking in heroin is a felony of the second 537
degree, and the court shall impose as a mandatory prison term one 538
of the prison terms prescribed for a felony of the second degree. 539
If the amount of the drug involved is within that range and if 540
the offense was committed in the vicinity of a school or in the 541
vicinity of a juvenile, trafficking in heroin is a felony of the 542
first degree, and the court shall impose as a mandatory prison 543
term one of the prison terms prescribed for a felony of the first 544
degree. 545
(f) If the amount of the drug involved exceeds fifty grams 548
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 549
13
in the vicinity of a juvenile, trafficking in heroin is a felony 551
of the first degree, and the court shall impose as a mandatory 552
prison term one of the prison terms prescribed for a felony of 553
the first degree.
(g) If the amount of the drug involved exceeds two hundred 556
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 557
trafficking in heroin is a felony of the first degree, and the 560
court shall impose as a mandatory prison term the maximum prison 561
term prescribed for a felony of the first degree and may impose 562
an additional mandatory prison term prescribed for a major drug 563
offender under division (D)(3)(b) of section 2929.14 of the 564
Revised Code. 565
(7) If the drug involved in the violation is hashish or a 567
compound, mixture, preparation, or substance containing hashish, 568
whoever violates division (A) of this section is guilty of 570
trafficking in hashish. The penalty for the offense shall be
determined as follows: 571
(a) Except as otherwise provided in division (C)(7)(b), 574
(c), (d), (e), or (f) of this section, trafficking in hashish is 576
a felony of the fifth degree, and division (C) of section 2929.13 577
of the Revised Code applies in determining whether to impose a 579
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 582
(d), (e), or (f) of this section, if the offense was committed in 583
the vicinity of a school or in the vicinity of a juvenile, 585
trafficking in hashish is a felony of the fourth degree, and 586
division (C) of section 2929.13 of the Revised Code applies in 587
determining whether to impose a prison term on the offender. 588
(c) Except as otherwise provided in this division, if the 590
amount of the drug involved exceeds ten grams but does not exceed 591
fifty grams of hashish in a solid form or exceeds two grams but 592
does not exceed ten grams of hashish in a liquid concentrate, 593
liquid extract, or liquid distillate form, trafficking in hashish 594
14
is a felony of the fourth degree, and division (C) of section 595
2929.13 of the Revised Code applies in determining whether to 596
impose a prison term on the offender. If the amount of the drug 597
involved is within that range and if the offense was committed in 598
the vicinity of a school or in the vicinity of a juvenile, 599
trafficking in hashish is a felony of the third degree, and 600
division (C) of section 2929.13 of the Revised Code applies in 601
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 603
amount of the drug involved exceeds fifty grams but does not 604
exceed two hundred fifty grams of hashish in a solid form or 605
exceeds ten grams but does not exceed fifty grams of hashish in a 606
liquid concentrate, liquid extract, or liquid distillate form, 607
trafficking in hashish is a felony of the third degree, and 609
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 610
the amount of the drug involved is within that range and if the 612
offense was committed in the vicinity of a school or in the 613
vicinity of a juvenile, trafficking in hashish is a felony of the 614
second degree, and there is a presumption that a prison term 615
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 617
amount of the drug involved exceeds two hundred fifty grams but 618
does not exceed one thousand grams of hashish in a solid form or 619
exceeds fifty grams but does not exceed two hundred grams of 620
hashish in a liquid concentrate, liquid extract, or liquid 622
distillate form, trafficking in hashish is a felony of the third 623
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 624
within that range and if the offense was committed in the 625
vicinity of a school or in the vicinity of a juvenile, 626
trafficking in hashish is a felony of the second degree, and 627
there is a presumption that a prison term shall be imposed for 628
the offense.
15
(f) Except as otherwise provided in this division, if the 630
amount of the drug involved exceeds one thousand grams of hashish 632
in a solid form or exceeds two hundred grams of hashish in a 633
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 635
court shall impose as a mandatory prison term the maximum prison 636
term prescribed for a felony of the second degree. If the amount 637
of the drug involved exceeds one thousand grams of hashish in a 639
solid form or exceeds two hundred grams of hashish in a liquid 640
concentrate, liquid extract, or liquid distillate form and if the 641
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 643
first degree, and the court shall impose as a mandatory prison 644
term the maximum prison term prescribed for a felony of the first 645
degree.
(D) In addition to any prison term authorized or required 648
by division (C) of this section and sections 2929.13 and 2929.14 649
of the Revised Code, and in addition to any other sanction 650
imposed for the offense under this section or sections 2929.11 to 651
2929.18 of the Revised Code, the court that sentences an offender 652
who is convicted of or pleads guilty to a violation of division 653
(A) of this section shall do all of the following that are 655
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 658
felony of the first, second, or third degree, the court shall 659
impose upon the offender the mandatory fine specified for the 660
offense under division (B)(1) of section 2929.18 of the Revised 661
Code unless, as specified in that division, the court determines 662
that the offender is indigent. Except as otherwise provided in 663
division (H)(1) of this section, a mandatory fine or any other 664
fine imposed for a violation of this section is subject to 665
division (F) of this section. If a person is charged with a 666
violation of this section that is a felony of the first, second, 667
or third degree, posts bail, and forfeits the bail, the clerk of 668
16
the court shall pay the forfeited bail pursuant to divisions 670
(D)(1) and (F) of this section, as if the forfeited bail was a 671
fine imposed for a violation of this section. If any amount of 672
the forfeited bail remains after that payment and if a fine is 673
imposed under division (H)(1) of this section, the clerk of the 674
court shall pay the remaining amount of the forfeited bail 675
pursuant to divisions (H)(2) and (3) of this section, as if that 676
remaining amount was a fine imposed under division (H)(1) of this
section. 677
(2) The court shall revoke or suspend the driver's or 679
commercial driver's license or permit of the offender in 680
accordance with division (G) of this section. 681
(3) If the offender is a professionally licensed person or 684
a person who has been admitted to the bar by order of the supreme 685
court in compliance with its prescribed and published rules, the 686
court forthwith shall comply with section 2925.38 of the Revised 687
Code.
(E) When a person is charged with the sale of or offer to 690
sell a bulk amount or a multiple of a bulk amount of a controlled 691
substance, the jury, or the court trying the accused, shall 693
determine the amount of the controlled substance involved at the 694
time of the offense and, if a guilty verdict is returned, shall 695
return the findings as part of the verdict. In any such case, it 696
is unnecessary to find and return the exact amount of the 697
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 698
controlled substance involved is the requisite amount, or that 700
the amount of the controlled substance involved is less than the 701
requisite amount. 702
(F)(1) Notwithstanding any contrary provision of section 705
3719.21 of the Revised Code and except as provided in division 706
(H) of this section, the clerk of the court shall pay any 707
mandatory fine imposed pursuant to division (D)(1) of this 710
section and any fine other than a mandatory fine that is imposed 711
17
for a violation of this section pursuant to division (A) or 712
(B)(5) of section 2929.18 of the Revised Code to the county, 714
township, municipal corporation, park district, as created 715
pursuant to section 511.18 or 1545.04 of the Revised Code, or 716
state law enforcement agencies in this state that primarily were 717
responsible for or involved in making the arrest of, and in 718
prosecuting, the offender. However, the clerk shall not pay a 719
mandatory fine so imposed to a law enforcement agency unless the 720
agency has adopted a written internal control policy under 721
division (F)(2) of this section that addresses the use of the 723
fine moneys that it receives. Each agency shall use the 725
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 727
written internal control policy adopted by the recipient agency 728
under division (F)(2) of this section. 729
(2)(a) Prior to receiving any fine moneys under division 731
(F)(1) of this section or division (B)(5) of section 2925.42 of 734
the Revised Code, a law enforcement agency shall adopt a written 735
internal control policy that addresses the agency's use and 736
disposition of all fine moneys so received and that provides for 737
the keeping of detailed financial records of the receipts of 738
those fine moneys, the general types of expenditures made out of 739
those fine moneys, and the specific amount of each general type 740
of expenditure. The policy shall not provide for or permit the 741
identification of any specific expenditure that is made in an 742
ongoing investigation. All financial records of the receipts of 743
those fine moneys, the general types of expenditures made out of 744
those fine moneys, and the specific amount of each general type 745
of expenditure by an agency are public records open for 746
inspection under section 149.43 of the Revised Code. 747
Additionally, a written internal control policy adopted under 748
this division is such a public record, and the agency that 749
adopted it shall comply with it. 750
(b) Each law enforcement agency that receives in any 752
18
calendar year any fine moneys under division (F)(1) of this 753
section or division (B)(5) of section 2925.42 of the Revised Code 754
shall prepare a report covering the calendar year that cumulates 755
all of the information contained in all of the public financial 756
records kept by the agency pursuant to division (F)(2)(a) of this 758
section for that calendar year, and shall send a copy of the 759
cumulative report, no later than the first day of March in the 760
calendar year following the calendar year covered by the report, 761
to the attorney general. Each report received by the attorney 762
general is a public record open for inspection under section 763
149.43 of the Revised Code. The attorney general shall make 764
copies of each report received, and, no later than the fifteenth 765
day of April in the calendar year in which the report is 766
received, shall send a copy of it to the president of the senate 767
and the speaker of the house of representatives. 768
(3) As used in division (F) of this section: 771
(a) "Law enforcement agencies" includes, but is not 773
limited to, the state board of pharmacy and the office of a 774
prosecutor. 775
(b) "Prosecutor" has the same meaning as in section 777
2935.01 of the Revised Code. 778
(G) When required under division (D)(2) of this section, 782
the court either shall revoke or, if it does not revoke, shall 783
suspend for not less than six months or more than five years, the 784
driver's or commercial driver's license or permit of any person 786
who is convicted of or pleads guilty to a violation of this 788
section that is a felony of the first degree and shall suspend 789
for not less than six months or more than five years the driver's 791
or commercial driver's license or permit of any person who is 793
convicted of or pleads guilty to any other violation of this 794
section. If an offender's driver's or commercial driver's 795
license or permit is revoked pursuant to this division, the 797
offender, at any time after the expiration of two years from the 798
day on which the offender's sentence was imposed or from the day 799
19
on which the offender finally was released from a prison term 802
under the sentence, whichever is later, may file a motion with 803
the sentencing court requesting termination of the revocation; 804
upon the filing of such a motion and the court's finding of good 805
cause for the termination, the court may terminate the 806
revocation.
(H)(1) In addition to any prison term authorized or 809
required by division (C) of this section and sections 2929.13 and 810
2929.14 of the Revised Code, in addition to any other penalty or 812
sanction imposed for the offense under this section or sections 813
2929.11 to 2929.181 of the Revised Code, and in addition to the 814
forfeiture of property in connection with the offense as 815
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 817
the court that sentences an offender who is convicted of or 818
pleads guilty to a violation of division (A) of this section may 819
impose upon the offender an additional fine specified for the 820
offense in division (B)(4) of section 2929.18 of the Revised 822
Code. A fine imposed under division (H)(1) of this section is 824
not subject to division (F) of this section and shall be used 825
solely for the support of one or more eligible alcohol and drug 826
addiction programs in accordance with divisions (H)(2) and (3) of 827
this section.
(2) The court that imposes a fine under division (H)(1) of 830
this section shall specify in the judgment that imposes the fine 831
one or more eligible alcohol and drug addiction programs for the 832
support of which the fine money is to be used. No alcohol and 833
drug addiction program shall receive or use money paid or 834
collected in satisfaction of a fine imposed under division (H)(1) 836
of this section unless the program is specified in the judgment 837
that imposes the fine. No alcohol and drug addiction program 838
shall be specified in the judgment unless the program is an 839
eligible alcohol and drug addiction program and, except as 840
otherwise provided in division (H)(2) of this section, unless the 842
program is located in the county in which the court that imposes 843
20
the fine is located or in a county that is immediately contiguous 844
to the county in which that court is located. If no eligible 845
alcohol and drug addiction program is located in any of those 846
counties, the judgment may specify an eligible alcohol and drug 847
addiction program that is located anywhere within this state. 848
(3) Notwithstanding any contrary provision of section 850
3719.21 of the Revised Code, the clerk of the court shall pay any 852
fine imposed under division (H)(1) of this section to the 853
eligible alcohol and drug addiction program specified pursuant to 854
division (H)(2) of this section in the judgment. The eligible 855
alcohol and drug addiction program that receives the fine moneys 856
shall use the moneys only for the alcohol and drug addiction 857
services identified in the application for certification under 858
section 3793.06 of the Revised Code or in the application for a 859
license under section 3793.11 of the Revised Code filed with the 861
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 862
(4) Each alcohol and drug addiction program that receives 864
in a calendar year any fine moneys under division (H)(3) of this 866
section shall file an annual report covering that calendar year 867
with the court of common pleas and the board of county 868
commissioners of the county in which the program is located, with 869
the court of common pleas and the board of county commissioners 870
of each county from which the program received the moneys if that 871
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 872
addiction program shall file the report no later than the first 873
day of March in the calendar year following the calendar year in 875
which the program received the fine moneys. The report shall 876
include statistics on the number of persons served by the alcohol 877
and drug addiction program, identify the types of alcohol and 878
drug addiction services provided to those persons, and include a 879
specific accounting of the purposes for which the fine moneys 880
received were used. No information contained in the report shall 881
21
identify, or enable a person to determine the identity of, any 882
person served by the alcohol and drug addiction program. Each 883
report received by a court of common pleas, a board of county 884
commissioners, or the attorney general is a public record open 885
for inspection under section 149.43 of the Revised Code. 886
(5) As used in divisions (H)(1) to (5) of this section: 888
(a) "Alcohol and drug addiction program" and "alcohol and 891
drug addiction services" have the same meanings as in section 892
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 895
alcohol and drug addiction program that is certified under 896
section 3793.06 of the Revised Code or licensed under section 897
3793.11 of the Revised Code by the department of alcohol and drug 899
addiction services.
Section 2. That existing section 2925.03 of the Revised 901
Code is hereby repealed. 902
Section 3. Section 2925.03 of the Revised Code is 904
presented in this act as a composite of the section as amended by 905
both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General 906
Assembly, with the new language of neither of the acts shown in 907
capital letters. This is in recognition of the principle stated 908
in division (B) of section 1.52 of the Revised Code that such 909
amendments are to be harmonized where not substantively 910
irreconcilable and constitutes a legislative finding that such is 911
the resulting version in effect prior to the effective date of 912
this act.