As Passed by the House 1
122nd General Assembly 4
Regular Session S. B. No. 2 5
1997-1998 6
SENATOR BLESSING-REPRESENTATIVES CORBIN-THOMAS-GARCIA 8
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A B I L L
To amend section 2925.11 of the Revised Code to 12
eliminate the "medical purposes" affirmative 13
defense to the offense of possession of
marihuana.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 2925.11 of the Revised Code be 17
amended to read as follows: 18
Sec. 2925.11. (A) No person shall knowingly obtain, 27
possess, or use a controlled substance. 28
(B) This section does not apply to any of the following: 30
(1) Manufacturers, practitioners, pharmacists, owners of 32
pharmacies, and other persons whose conduct was in accordance 33
with Chapters 3719., 4715., 4729., 4731., and 4741. or section 35
4723.56 of the Revised Code;
(2) If the offense involves an anabolic steroid, any 37
person who is conducting or participating in a research project 38
involving the use of an anabolic steroid if the project has been 39
approved by the United States food and drug administration; 40
(3) Any person who sells, offers for sale, prescribes, 42
dispenses, or administers for livestock or other nonhuman species 43
an anabolic steroid that is expressly intended for administration 44
through implants to livestock or other nonhuman species and 45
approved for that purpose under the "Federal Food, Drug, and 46
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 47
and is sold, offered for sale, prescribed, dispensed, or 48
administered for that purpose in accordance with that act; 49
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(4) Any person who obtained the controlled substance 51
pursuant to a prescription issued by a practitioner, where the 52
drug is in the original container in which it was dispensed to 53
such person. 54
(C) Whoever violates division (A) of this section is 56
guilty of one of the following: 57
(1) If the drug involved in the violation is a compound, 59
mixture, preparation, or substance included in schedule I or II, 60
with the exception of marihuana, cocaine, L.S.D., heroin, and 63
hashish, whoever violates division (A) of this section is guilty 64
of aggravated possession of drugs. The penalty for the offense 65
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 68
(c), (d), or (e) of this section, aggravated possession of drugs 69
is a felony of the fifth degree, and division (B) of section 70
2929.13 of the Revised Code applies in determining whether to 71
impose a prison term on the offender.
(b) If the amount of the drug involved exceeds the bulk 74
amount but does not exceed five times the bulk amount, aggravated 75
possession of drugs is a felony of the third degree, and there is 76
a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds five times 79
the bulk amount but does not exceed fifty times the bulk amount, 80
aggravated possession of drugs is a felony of the second degree, 81
and the court shall impose as a mandatory prison term one of the 82
prison terms prescribed for a felony of the second degree. 83
(d) If the amount of the drug involved exceeds fifty times 85
the bulk amount but does not exceed one hundred times the bulk 86
amount, aggravated possession of drugs is a felony of the first 87
degree, and the court shall impose as a mandatory prison term one 88
of the prison terms prescribed for a felony of the first degree. 89
(e) If the amount of the drug involved exceeds one hundred 91
times the bulk amount, aggravated possession of drugs is a felony 92
of the first degree, and the court shall impose as a mandatory 93
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prison term the maximum prison term prescribed for a felony of 94
the first degree and may impose an additional mandatory prison 95
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code. 96
(2) If the drug involved in the violation is a compound, 98
mixture, preparation, or substance included in schedule III, IV, 100
or V, whoever violates division (A) of this section is guilty of 102
possession of drugs. The penalty for the offense shall be 103
determined as follows: 104
(a) Except as otherwise provided in division (C)(2)(b), 107
(c), or (d) of this section, possession of drugs is a misdemeanor 108
of the third degree or, if the offender previously has been 109
convicted of a drug abuse offense, a misdemeanor of the second 110
degree. If the drug involved in the violation is an anabolic 111
steroid included in schedule III and if the offense is a 112
misdemeanor of the third degree under this division, in lieu of 113
sentencing the offender to a term of imprisonment in a detention 114
facility, the court may place the offender on conditional 115
probation pursuant to division (F) of this section or division 117
(F) of section 2951.02 of the Revised Code. 118
(b) If the amount of the drug involved exceeds the bulk 121
amount but does not exceed five times the bulk amount, possession 122
of drugs is a felony of the fourth degree, and division (C) of 123
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 124
(c) If the amount of the drug involved exceeds five times 127
the bulk amount but does not exceed fifty times the bulk amount, 128
possession of drugs is a felony of the third degree, and there is 129
a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds fifty times 132
the bulk amount, possession of drugs is a felony of the second 133
degree, and the court shall impose upon the offender as a 134
mandatory prison term one of the prison terms prescribed for a 135
felony of the second degree.
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(3) If the drug involved in the violation is marihuana or 137
a compound, mixture, preparation, or substance containing 138
marihuana other than hashish, whoever violates division (A) of 142
this section is guilty of possession of marihuana. The penalty 143
for the offense shall be determined as follows: 144
(a) Except as otherwise provided in division (C)(3)(b), 147
(c), (d), (e), or (f) of this section, possession of marihuana is 148
a minor misdemeanor. 149
(b) If the amount of the drug involved equals or exceeds 152
one hundred grams but does not exceed two hundred grams, 153
possession of marihuana is a misdemeanor of the fourth degree. 154
(c) If the amount of the drug involved exceeds two hundred 157
grams but does not exceed one thousand grams, possession of 158
marihuana is a felony of the fifth degree, and division (B) of 159
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 161
(d) If the amount of the drug involved exceeds one 164
thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and 165
division (C) of section 2929.13 of the Revised Code applies in 166
determining whether to impose a prison term on the offender. 167
(e) If the amount of the drug involved exceeds five 170
thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and 171
there is a presumption that a prison term shall be imposed for 172
the offense. 173
(f) If the amount of the drug involved exceeds twenty 176
thousand grams, possession of marihuana is a felony of the second 177
degree, and the court shall impose as a mandatory prison term the 178
maximum prison term prescribed for a felony of the second degree. 179
(4) If the drug involved in the violation is cocaine or a 182
compound, mixture, preparation, or substance containing cocaine, 183
whoever violates division (A) of this section is guilty of 184
possession of cocaine. The penalty for the offense shall be 185
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determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 188
(c), (d), (e), or (f) of this section, possession of cocaine is a 189
felony of the fifth degree, and division (B) of section 2929.13 190
of the Revised Code applies in determining whether to impose a 191
prison term on the offender.
(b) If the amount of the drug involved exceeds five grams 194
but does not exceed twenty-five grams of cocaine that is not
crack cocaine or exceeds one gram but does not exceed five grams 196
of crack cocaine, possession of cocaine is a felony of the fourth 197
degree, and there is a presumption for a prison term for the 198
offense.
(c) If the amount of the drug involved exceeds twenty-five 201
grams but does not exceed one hundred grams of cocaine that is 202
not crack cocaine or exceeds five grams but does not exceed ten 204
grams of crack cocaine, possession of cocaine is a felony of the 205
third degree, and the court shall impose as a mandatory prison 206
term one of the prison terms prescribed for a felony of the third 207
degree.
(d) If the amount of the drug involved exceeds one hundred 210
grams but does not exceed five hundred grams of cocaine that is 211
not crack cocaine or exceeds ten grams but does not exceed 213
twenty-five grams of crack cocaine, possession of cocaine is a 214
felony of the second degree, and the court shall impose as a 215
mandatory prison term one of the prison terms prescribed for a 216
felony of the second degree.
(e) If the amount of the drug involved exceeds five 219
hundred grams but does not exceed one thousand grams of cocaine 220
that is not crack cocaine or exceeds twenty-five grams but does 222
not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the court shall 224
impose as a mandatory prison term one of the prison terms 225
prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds one 228
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thousand grams of cocaine that is not crack cocaine or exceeds 229
one hundred grams of crack cocaine, possession of cocaine is a 230
felony of the first degree, and the court shall impose as a 231
mandatory prison term the maximum prison term prescribed for a 232
felony of the first degree and may impose an additional mandatory 233
prison term prescribed for a major drug offender under division 234
(D)(3)(b) of section 2929.14 of the Revised Code. 236
(5) If the drug involved in the violation is L.S.D., 239
whoever violates division (A) of this section is guilty of 240
possession of L.S.D. The penalty for the offense shall be 242
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 245
(c), (d), (e), or (f) of this section, possession of L.S.D. is a
felony of the fifth degree, and division (B) of section 2929.13 246
of the Revised Code applies in determining whether to impose a 247
prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit 249
doses but does not exceed fifty unit doses of L.S.D. in a solid 251
form or exceeds one gram but does not exceed five grams of L.S.D. 252
in a liquid concentrate, liquid extract, or liquid distillate 253
form, possession of L.S.D. is a felony of the fourth degree, and 256
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 257
(c) If the amount of L.S.D. involved exceeds fifty unit 260
doses, but does not exceed two hundred fifty unit doses of L.S.D. 262
in a solid form or exceeds five grams but does not exceed 263
twenty-five grams of L.S.D. in a liquid concentrate, liquid 264
extract, or liquid distillate form, possession of L.S.D. is a 265
felony of the third degree, and there is a presumption for a 266
prison term for the offense.
(d) If the amount of L.S.D. involved exceeds two hundred 269
fifty unit doses but does not exceed one thousand unit doses of 271
L.S.D. in a solid form or exceeds twenty-five grams but does not 272
exceed one hundred grams of L.S.D. in a liquid concentrate,
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liquid extract, or liquid distillate form, possession of L.S.D. 274
is a felony of the second degree, and the court shall impose as a 275
mandatory prison term one of the prison terms prescribed for a 276
felony of the second degree. 277
(e) If the amount of L.S.D. involved exceeds one thousand 280
unit doses but does not exceed five thousand unit doses of L.S.D. 282
in a solid form or exceeds one hundred grams but does not exceed 283
five hundred grams of L.S.D. in a liquid concentrate, liquid 284
extract, or liquid distillate form, possession of L.S.D. is a 285
felony of the first degree, and the court shall impose as a 286
mandatory prison term one of the prison terms prescribed for a 287
felony of the first degree.
(f) If the amount of L.S.D. involved exceeds five thousand 290
unit doses of L.S.D. in a solid form or exceeds five hundred 293
grams of L.S.D. in a liquid concentrate, liquid extract, or 294
liquid distillate form, possession of L.S.D. is a felony of the 296
first degree, and the court shall impose as a mandatory prison 297
term the maximum prison term prescribed for a felony of the first 298
degree and may impose an additional mandatory prison term 299
prescribed for a major drug offender under division (D)(3)(b) of 300
section 2929.14 of the Revised Code. 301
(6) If the drug involved in the violation is heroin or a 303
compound, mixture, preparation, or substance containing heroin, 304
whoever violates division (A) of this section is guilty of 306
possession of heroin. The penalty for the offense shall be
determined as follows: 307
(a) Except as otherwise provided in division (C)(6)(b), 310
(c), (d), (e), or (f) of this section, possession of heroin is a 311
felony of the fifth degree, and division (B) of section 2929.13 312
of the Revised Code applies in determining whether to impose a 313
prison term on the offender.
(b) If the amount of the drug involved exceeds one gram 316
but does not exceed five grams, possession of heroin is a felony 317
of the fourth degree, and division (C) of section 2929.13 of the 318
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Revised Code applies in determining whether to impose a prison
term on the offender. 319
(c) If the amount of the drug involved exceeds five grams 322
but does not exceed ten grams, possession of heroin is a felony 323
of the third degree, and there is a presumption for a prison term 324
for the offense.
(d) If the amount of the drug involved exceeds ten grams 327
but does not exceed fifty grams, possession of heroin is a felony 328
of the second degree, and the court shall impose as a mandatory 329
prison term one of the prison terms prescribed for a felony of 330
the second degree.
(e) If the amount of the drug involved exceeds fifty grams 333
but does not exceed two hundred fifty grams, possession of heroin 334
is a felony of the first degree, and the court shall impose as a 335
mandatory prison term one of the prison terms prescribed for a 336
felony of the first degree.
(f) If the amount of the drug involved exceeds two hundred 339
fifty grams, possession of heroin is a felony of the first 340
degree, and the court shall impose as a mandatory prison term the 341
maximum prison term prescribed for a felony of the first degree 342
and may impose an additional mandatory prison term prescribed for 343
a major drug offender under division (D)(3)(b) of section 2929.14 344
of the Revised Code. 345
(7) If the drug involved in the violation is hashish or a 347
compound, mixture, preparation, or substance containing hashish, 348
whoever violates division (A) of this section is guilty of 350
possession of hashish. The penalty for the offense shall be
determined as follows: 351
(a) Except as otherwise provided in division (C)(7)(b), 354
(c), (d), (e), or (f) of this section, possession of hashish is a 355
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 357
five grams but does not exceed ten grams of hashish in a solid 358
form or equals or exceeds one gram but does not exceed two grams 359
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of hashish in a liquid concentrate, liquid extract, or liquid 360
distillate form, possession of hashish is a misdemeanor of the 361
fourth degree.
(c) If the amount of the drug involved exceeds ten grams 364
but does not exceed fifty grams of hashish in a solid form or
exceeds two grams but does not exceed ten grams of hashish in a 365
liquid concentrate, liquid extract, or liquid distillate form, 366
possession of hashish is a felony of the fifth degree, and 367
division (B) of section 2929.13 of the Revised Code applies in 368
determining whether to impose a prison term on the offender. 370
(d) If the amount of the drug involved exceeds fifty grams 373
but does not exceed two hundred fifty grams of hashish in a solid
form or exceeds ten grams but does not exceed fifty grams of 374
hashish in a liquid concentrate, liquid extract, or liquid 375
distillate form, possession of hashish is a felony of the third 376
degree, and division (C) of section 2929.13 of the Revised Code 377
applies in determining whether to impose a prison term on the 378
offender.
(e) If the amount of the drug involved exceeds two hundred 381
fifty grams but does not exceed one thousand grams of hashish in
a solid form or exceeds fifty grams but does not exceed two 382
hundred grams of hashish in a liquid concentrate, liquid extract, 383
or liquid distillate form, possession of hashish is a felony of 384
the third degree, and there is a presumption that a prison term 385
shall be imposed for the offense.
(f) If the amount of the drug involved exceeds one 388
thousand grams of hashish in a solid form or exceeds two hundred
grams of hashish in a liquid concentrate, liquid extract, or 389
liquid distillate form, possession of hashish is a felony of the 390
second degree, and the court shall impose as a mandatory prison 391
term the maximum prison term prescribed for a felony of the 392
second degree. 393
(D) Arrest or conviction for a minor misdemeanor violation 395
of this section does not constitute a criminal record and need 396
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not be reported by the person so arrested or convicted in 397
response to any inquiries about the person's criminal record, 398
including any inquiries contained in any application for 399
employment, license, or other right or privilege, or made in 400
connection with the person's appearance as a witness. 401
(E) In addition to any prison term authorized or required 404
by division (C) of this section and sections 2929.13 and 2929.14 405
of the Revised Code and in addition to any other sanction that is 406
imposed for the offense under this section or sections 2929.11 to 407
2929.18 of the Revised Code, the court that sentences an offender 410
who is convicted of or pleads guilty to a violation of division 411
(A) of this section shall do all of the following that are 412
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 415
or third degree, the court shall impose upon the offender the 416
mandatory fine specified for the offense under division (B)(1) of 417
section 2929.18 of the Revised Code unless, as specified in that 418
division, the court determines that the offender is indigent. 419
(b) Notwithstanding any contrary provision of section 421
3719.21 of the Revised Code, the clerk of the court shall pay a 423
mandatory fine or other fine imposed for a violation of this 424
section pursuant to division (A) of section 2929.18 of the 425
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 426
agency that receives the fine shall use the fine as specified in 427
division (F) of section 2925.03 of the Revised Code. 428
(c) If a person is charged with a violation of this 430
section that is a felony of the first, second, or third degree, 431
posts bail, and forfeits the bail, the clerk shall pay the 432
forfeited bail pursuant to division (E)(1)(b) of this section as 433
if it were a mandatory fine imposed under division (E)(1)(a) of 434
this section.
(2) The court shall suspend for not less than six months 436
or more than five years the driver's or commercial driver's 437
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license or permit of any person who is convicted of or has 438
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 440
a person who has been admitted to the bar by order of the supreme 442
court in compliance with its prescribed and published rules, in 443
addition to any other sanction imposed for a violation of this 444
section, the court forthwith shall comply with section 2925.38 of 445
the Revised Code.
(E)(F) It is an affirmative defense, as provided in 447
section 2901.05 of the Revised Code, to a charge of a fourth 448
degree felony violation under this section that the controlled 449
substance that gave rise to the charge is in an amount, is in a 452
form, is prepared, compounded, or mixed with substances that are 453
not controlled substances in a manner, or is possessed under any 455
other circumstances, that indicate that the substance was 456
possessed solely for personal use. Notwithstanding any contrary 458
provision of this section, if, in accordance with section 2901.05 459
of the Revised Code, an accused who is charged with a fourth
degree felony violation of division (C)(2), (4), (5), or (6) of 460
this section sustains the burden of going forward with evidence 461
of and establishes by a preponderance of the evidence the 462
affirmative defense described in this division, the accused may 463
be prosecuted for and may plead guilty to or be convicted of a 464
misdemeanor violation of division (C)(2) of this section or a 465
fifth degree felony violation of division (C)(4), (5), or (6) of 466
this section respectively. 467
(I) It is an affirmative defense, as provided in section 469
2901.05 of the Revised Code, to a charge of possessing marihuana 470
under this section that the offender, pursuant to the prior 472
written recommendation of a licensed physician, possessed the 473
marihuana solely for medicinal purposes.
(J)(G) When a person is charged with possessing a bulk 475
amount or multiple of a bulk amount, division (E) of section 477
2925.03 of the Revised Code applies regarding the determination 478
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of the amount of the controlled substance involved at the time of 479
the offense.
Section 2. That existing section 2925.11 of the Revised 481
Code is hereby repealed. 482