REPRESENTATIVES DePiero, Calvert, Sullivan, Redfern, Goodman, R. Miller, Fessler, Hartnett, Boccieri, Metzger, Coates, Cirelli, Lendrum, Schmidt, Ford, Jones, Beatty, Allen, Aslanides, Fedor, Britton, Distel, Carano, Jerse, Womer Benjamin, Reidelbach, Seaver, Sulzer, Brown, Hughes, Seitz, Faber, Sykes, S. Smith, Grendell, Ogg, Strahorn, Woodard, Driehaus, Barrett, Barnes, Rhine, Key, D. Miller, Flannery, Carey, Damschroder, Niehaus, Manning, McGregor, G. Smith, Salerno, Gilb, Collier, Trakas, Core, Oakar, Clancy, Latell, Willamowski, Hoops, Krupinski, Carmichael, Latta, Roman, Otterman, Perry, Wilson, Cates, Schneider, Buehrer

To amend section 2925.01 of the Revised Code to

1

classify Gamma Butyrolactone and 1,4 Butanediol as

2

harmful intoxicants.

3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2925.01 of the Revised Code be	4
amended to read as follows:	5

Sec. 2925.01.  As used in this chapter:

6

(A) "Administer," "controlled substance," "dispense,"	7
"distribute," "hypodermic," "manufacturer," "official written	8
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	9
"schedule II," "schedule III," "schedule IV," "schedule V," and	10
"wholesaler" have the same meanings as in section 3719.01 of the	11
Revised Code.	12

(B) "Drug dependent person" and "drug of abuse" have the same	13
meanings as in section 3719.011 of the Revised Code.	14

(C) "Drug," "dangerous drug," "licensed health professional	15
authorized to prescribe drugs," and "prescription" have the same	16
meanings as in section 4729.01 of the Revised Code.	17

(D) "Bulk amount" of a controlled substance means any of the	18
following:	19

(1) For any compound, mixture, preparation, or substance	20
included in schedule I, schedule II, or schedule III, with the	21
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	22
except as provided in division (D)(2) or (5) of this section,	23
whichever of the following is applicable:	24

(a) An amount equal to or exceeding ten grams or twenty-five	25
unit doses of a compound, mixture, preparation, or substance that	26
is or contains any amount of a schedule I opiate or opium	27
derivative;	28

(b) An amount equal to or exceeding ten grams of a compound,	29
mixture, preparation, or substance that is or contains any amount	30
of raw or gum opium;	31

(c) An amount equal to or exceeding thirty grams or ten unit	32
doses of a compound, mixture, preparation, or substance that is or	33
contains any amount of a schedule I hallucinogen other than	34
tetrahydrocannabinol or lysergic acid amide, or a schedule I	35
stimulant or depressant;	36

(d) An amount equal to or exceeding twenty grams or five	37
times the maximum daily dose in the usual dose range specified in	38
a standard pharmaceutical reference manual of a compound, mixture,	39
preparation, or substance that is or contains any amount of a	40
schedule II opiate or opium derivative;	41

(e) An amount equal to or exceeding five grams or ten unit	42
doses of a compound, mixture, preparation, or substance that is or	43
contains any amount of phencyclidine;	44

(f) An amount equal to or exceeding one hundred twenty grams	45
or thirty times the maximum daily dose in the usual dose range	46
specified in a standard pharmaceutical reference manual of a	47
compound, mixture, preparation, or substance that is or contains	48
any amount of a schedule II stimulant that is in a final dosage	49
form manufactured by a person authorized by the "Federal Food,	50
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	51
amended, and the federal drug abuse control laws, as defined in	52
section 3719.01 of the Revised Code, that is or contains any	53
amount of a schedule II depressant substance or a schedule II	54
hallucinogenic substance;	55

(g) An amount equal to or exceeding three grams of a	56
compound, mixture, preparation, or substance that is or contains	57
any amount of a schedule II stimulant, or any of its salts or	58
isomers, that is not in a final dosage form manufactured by a	59
person authorized by the Federal Food, Drug, and Cosmetic Act and	60
the federal drug abuse control laws.	61

(2) An amount equal to or exceeding one hundred twenty grams	62
or thirty times the maximum daily dose in the usual dose range	63
specified in a standard pharmaceutical reference manual of a	64
compound, mixture, preparation, or substance that is or contains	65
any amount of a schedule III or IV substance other than an	66
anabolic steroid or a schedule III opiate or opium derivative;	67

(3) An amount equal to or exceeding twenty grams or five	68
times the maximum daily dose in the usual dose range specified in	69
a standard pharmaceutical reference manual of a compound, mixture,	70
preparation, or substance that is or contains any amount of a	71
schedule III opiate or opium derivative;	72

(4) An amount equal to or exceeding two hundred fifty	73
milliliters or two hundred fifty grams of a compound, mixture,	74
preparation, or substance that is or contains any amount of a	75
schedule V substance;	76

(5) An amount equal to or exceeding two hundred solid dosage	77
units, sixteen grams, or sixteen milliliters of a compound,	78
mixture, preparation, or substance that is or contains any amount	79
of a schedule III anabolic steroid.	80

(E) "Unit dose" means an amount or unit of a compound,	81
mixture, or preparation containing a controlled substance that is	82
separately identifiable and in a form that indicates that it is	83
the amount or unit by which the controlled substance is separately	84
administered to or taken by an individual.	85

(F) "Cultivate" includes planting, watering, fertilizing, or	86
tilling.	87

(G) "Drug abuse offense" means any of the following:

88

(1) A violation of division (A) of section 2913.02 that	89
constitutes theft of drugs, or a violation of section 2925.02,	90
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	91
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	92
2925.37 of the Revised Code;	93

(2) A violation of an existing or former law of this or any	94
other state or of the United States that is substantially	95
equivalent to any section listed in division (G)(1) of this	96
section;	97

(3) An offense under an existing or former law of this or	98
any other state, or of the United States, of which planting,	99
cultivating, harvesting, processing, making, manufacturing,	100
producing, shipping, transporting, delivering, acquiring,	101
possessing, storing, distributing, dispensing, selling, inducing	102
another to use, administering to another, using, or otherwise	103
dealing with a controlled substance is an element;	104

(4) A conspiracy to commit, attempt to commit, or complicity	105
in committing or attempting to commit any offense under division	106
(G)(1), (2), or (3) of this section.	107

(H) "Felony drug abuse offense" means any drug abuse offense	108
that would constitute a felony under the laws of this state, any	109
other state, or the United States.	110

(I) "Harmful intoxicant" does not include beer or	111
intoxicating liquor but means any of the following:	112

(1) Any compound, mixture, preparation, or substance the gas,	113
fumes, or vapor of which when inhaled can induce intoxication,	114
excitement, giddiness, irrational behavior, depression,	115
stupefaction, paralysis, unconsciousness, asphyxiation, or other	116
harmful physiological effects, and includes, but is not limited	117
to, any of the following:	118

(1)(a) Any volatile organic solvent, plastic cement, model	119
cement, fingernail polish remover, lacquer thinner, cleaning	120
fluid, gasoline, or other preparation containing a volatile	121
organic solvent;	122

(2)(b) Any aerosol propellant;

123

(3)(c) Any fluorocarbon refrigerant;

124

(4)(d) Any anesthetic gas.

125

(2) Gamma Butyrolactone;

126

(3) 1,4 Butanediol.

127

(J) "Manufacture" means to plant, cultivate, harvest,	128
process, make, prepare, or otherwise engage in any part of the	129
production of a drug, by propagation, extraction, chemical	130
synthesis, or compounding, or any combination of the same, and	131
includes packaging, repackaging, labeling, and other activities	132
incident to production.	133

(K) "Possess" or "possession" means having control over a	134
thing or substance, but may not be inferred solely from mere	135
access to the thing or substance through ownership or occupation	136
of the premises upon which the thing or substance is found.	137

(L) "Sample drug" means a drug or pharmaceutical preparation	138
that would be hazardous to health or safety if used without the	139
supervision of a licensed health professional authorized to	140
prescribe drugs, or a drug of abuse, and that, at one time, had	141
been placed in a container plainly marked as a sample by a	142
manufacturer.	143

(M) "Standard pharmaceutical reference manual" means the	144
current edition, with cumulative changes if any, of any of the	145
following reference works:	146

(1) "The National Formulary";

147

(2) "The United States Pharmacopeia," prepared by authority	148
of the United States Pharmacopeial Convention, Inc.;	149

(3) Other standard references that are approved by the state	150
board of pharmacy.	151

(N) "Juvenile" means a person under eighteen years of age.

152

(O) "Counterfeit controlled substance" means any of the	153
following:	154

(1) Any drug that bears, or whose container or label bears,	155
a trademark, trade name, or other identifying mark used without	156
authorization of the owner of rights to that trademark, trade	157
name, or identifying mark;	158

(2) Any unmarked or unlabeled substance that is represented	159
to be a controlled substance manufactured, processed, packed, or	160
distributed by a person other than the person that manufactured,	161
processed, packed, or distributed it;	162

(3) Any substance that is represented to be a controlled	163
substance but is not a controlled substance or is a different	164
controlled substance;	165

(4) Any substance other than a controlled substance that a	166
reasonable person would believe to be a controlled substance	167
because of its similarity in shape, size, and color, or its	168
markings, labeling, packaging, distribution, or the price for	169
which it is sold or offered for sale.	170

(P) An offense is "committed in the vicinity of a school" if	171
the offender commits the offense on school premises, in a school	172
building, or within one thousand feet of the boundaries of any	173
school premises.	174

(Q) "School" means any school operated by a board of	175
education or any school for which the state board of education	176
prescribes minimum standards under section 3301.07 of the Revised	177
Code, whether or not any instruction, extracurricular activities,	178
or training provided by the school is being conducted at the time	179
a criminal offense is committed.	180

(R) "School premises" means either of the following:

181

(1) The parcel of real property on which any school is	182
situated, whether or not any instruction, extracurricular	183
activities, or training provided by the school is being conducted	184
on the premises at the time a criminal offense is committed;	185

(2) Any other parcel of real property that is owned or	186
leased by a board of education of a school or the governing body	187
of a school for which the state board of education prescribes	188
minimum standards under section 3301.07 of the Revised Code and on	189
which some of the instruction, extracurricular activities, or	190
training of the school is conducted, whether or not any	191
instruction, extracurricular activities, or training provided by	192
the school is being conducted on the parcel of real property at	193
the time a criminal offense is committed.	194

(S) "School building" means any building in which any of the	195
instruction, extracurricular activities, or training provided by a	196
school is conducted, whether or not any instruction,	197
extracurricular activities, or training provided by the school is	198
being conducted in the school building at the time a criminal	199
offense is committed.	200

(T) "Disciplinary counsel" means the disciplinary counsel	201
appointed by the board of commissioners on grievances and	202
discipline of the supreme court under the Rules for the Government	203
of the Bar of Ohio.	204

(U) "Certified grievance committee" means a duly constituted	205
and organized committee of the Ohio state bar association or of	206
one or more local bar associations of the state of Ohio that	207
complies with the criteria set forth in Rule V, section 6 of the	208
Rules for the Government of the Bar of Ohio.	209

(V) "Professional license" means any license, permit,	210
certificate, registration, qualification, admission, temporary	211
license, temporary permit, temporary certificate, or temporary	212
registration that is described in divisions (W)(1) to (35) of this	213
section and that qualifies a person as a professionally licensed	214
person.	215

(W) "Professionally licensed person" means any of the	216
following:	217

(1) A person who has obtained a license as a manufacturer of	218
controlled substances or a wholesaler of controlled substances	219
under Chapter 3719. of the Revised Code;	220

(2) A person who has received a certificate or temporary	221
certificate as a certified public accountant or who has registered	222
as a public accountant under Chapter 4701. of the Revised Code and	223
who holds an Ohio permit issued under that chapter;	224

(3) A person who holds a certificate of qualification to	225
practice architecture issued or renewed and registered under	226
Chapter 4703. of the Revised Code;	227

(4) A person who is registered as a landscape architect	228
under Chapter 4703. of the Revised Code or who holds a permit as a	229
landscape architect issued under that chapter;	230

(5) A person licensed as an auctioneer or apprentice	231
auctioneer or licensed to operate an auction company under Chapter	232
4707. of the Revised Code;	233

(6) A person who has been issued a certificate of	234
registration as a registered barber under Chapter 4709. of the	235
Revised Code;	236

(7) A person licensed and regulated to engage in the	237
business of a debt pooling company by a legislative authority,	238
under authority of Chapter 4710. of the Revised Code;	239

(8) A person who has been issued a cosmetologist's license,	240
manicurist's license, esthetician's license, managing	241
cosmetologist's license, managing manicurist's license, managing	242
esthetician's license, cosmetology instructor's license,	243
manicurist instructor's license, esthetician instructor's license,	244
or tanning facility permit under Chapter 4713. of the Revised	245
Code;	246

(9) A person who has been issued a license to practice	247
dentistry, a general anesthesia permit, a conscious intravenous	248
sedation permit, a limited resident's license, a limited teaching	249
license, a dental hygienist's license, or a dental hygienist's	250
teacher's certificate under Chapter 4715. of the Revised Code;	251

(10) A person who has been issued an embalmer's license, a	252
funeral director's license, a funeral home license, or a crematory	253
license, or who has been registered for an embalmer's or funeral	254
director's apprenticeship under Chapter 4717. of the Revised Code;	255

(11) A person who has been licensed as a registered nurse or	256
practical nurse, or who has been issued a certificate for the	257
practice of nurse-midwifery under Chapter 4723. of the Revised	258
Code;	259

(12) A person who has been licensed to practice optometry or	260
to engage in optical dispensing under Chapter 4725. of the Revised	261
Code;	262

(13) A person licensed to act as a pawnbroker under Chapter	263
4727. of the Revised Code;	264

(14) A person licensed to act as a precious metals dealer	265
under Chapter 4728. of the Revised Code;	266

(15) A person licensed as a pharmacist, a pharmacy intern, a	267
wholesale distributor of dangerous drugs, or a terminal	268
distributor of dangerous drugs under Chapter 4729. of the Revised	269
Code;	270

(16) A person who is authorized to practice as a physician	271
assistant under Chapter 4730. of the Revised Code;	272

(17) A person who has been issued a certificate to practice	273
medicine and surgery, osteopathic medicine and surgery, a limited	274
branch of medicine, or podiatry under Chapter 4731. of the Revised	275
Code;	276

(18) A person licensed as a psychologist or school	277
psychologist under Chapter 4732. of the Revised Code;	278

(19) A person registered to practice the profession of	279
engineering or surveying under Chapter 4733. of the Revised Code;	280

(20) A person who has been issued a license to practice	281
chiropractic under Chapter 4734. of the Revised Code;	282

(21) A person licensed to act as a real estate broker or	283
real estate salesperson under Chapter 4735. of the Revised Code;	284

(22) A person registered as a registered sanitarian under	285
Chapter 4736. of the Revised Code;	286

(23) A person licensed to operate or maintain a junkyard	287
under Chapter 4737. of the Revised Code;	288

(24) A person who has been issued a motor vehicle salvage	289
dealer's license under Chapter 4738. of the Revised Code;	290

(25) A person who has been licensed to act as a steam	291
engineer under Chapter 4739. of the Revised Code;	292

(26) A person who has been issued a license or temporary	293
permit to practice veterinary medicine or any of its branches, or	294
who is registered as a graduate animal technician under Chapter	295
4741. of the Revised Code;	296

(27) A person who has been issued a hearing aid dealer's or	297
fitter's license or trainee permit under Chapter 4747. of the	298
Revised Code;	299

(28) A person who has been issued a class A, class B, or	300
class C license or who has been registered as an investigator or	301
security guard employee under Chapter 4749. of the Revised Code;	302

(29) A person licensed and registered to practice as a	303
nursing home administrator under Chapter 4751. of the Revised	304
Code;	305

(30) A person licensed to practice as a speech-language	306
pathologist or audiologist under Chapter 4753. of the Revised	307
Code;	308

(31) A person issued a license as an occupational therapist	309
or physical therapist under Chapter 4755. of the Revised Code;	310

(32) A person who is licensed as a professional clinical	311
counselor or professional counselor, licensed as a social worker	312
or independent social worker, or registered as a social work	313
assistant under Chapter 4757. of the Revised Code;	314

(33) A person issued a license to practice dietetics under	315
Chapter 4759. of the Revised Code;	316

(34) A person who has been issued a license or limited	317
permit to practice respiratory therapy under Chapter 4761. of the	318
Revised Code;	319

(35) A person who has been issued a real estate appraiser	320
certificate under Chapter 4763. of the Revised Code.	321

(X) "Cocaine" means any of the following:

322

(1) A cocaine salt, isomer, or derivative, a salt of a	323
cocaine isomer or derivative, or the base form of cocaine;	324

(2) Coca leaves or a salt, compound, derivative, or	325
preparation of coca leaves, including ecgonine, a salt, isomer, or	326
derivative of ecgonine, or a salt of an isomer or derivative of	327
ecgonine;	328

(3) A salt, compound, derivative, or preparation of a	329
substance identified in division (X)(1) or (2) of this section	330
that is chemically equivalent to or identical with any of those	331
substances, except that the substances shall not include	332
decocainized coca leaves or extraction of coca leaves if the	333
extractions do not contain cocaine or ecgonine.	334

(Y) "L.S.D." means lysergic acid diethylamide.

335

(Z) "Hashish" means the resin or a preparation of the resin	336
contained in marihuana, whether in solid form or in a liquid	337
concentrate, liquid extract, or liquid distillate form.	338

(AA) "Marihuana" has the same meaning as in section 3719.01	339
of the Revised Code, except that it does not include hashish.	340

(BB) An offense is "committed in the vicinity of a juvenile"	341
if the offender commits the offense within one hundred feet of a	342
juvenile or within the view of a juvenile, regardless of whether	343
the offender knows the age of the juvenile, whether the offender	344
knows the offense is being committed within one hundred feet of or	345
within view of the juvenile, or whether the juvenile actually	346
views the commission of the offense.	347

(CC) "Presumption for a prison term" or "presumption that a	348
prison term shall be imposed" means a presumption, as described in	349
division (D) of section 2929.13 of the Revised Code, that a prison	350
term is a necessary sanction for a felony in order to comply with	351
the purposes and principles of sentencing under section 2929.11 of	352
the Revised Code.	353

(DD) "Major drug offender" has the same meaning as in section	354
2929.01 of the Revised Code.	355

(EE) "Minor drug possession offense" means either of the	356
following:	357

(1) A violation of section 2925.11 of the Revised Code as it	358
existed prior to July 1, 1996;	359

(2) A violation of section 2925.11 of the Revised Code as it	360
exists on and after July 1, 1996, that is a misdemeanor or a	361
felony of the fifth degree.	362

(FF) "Mandatory prison term" has the same meaning as in	363
section 2929.01 of the Revised Code.	364

(GG) "Crack cocaine" means a compound, mixture, preparation,	365
or substance that is or contains any amount of cocaine that is	366
analytically identified as the base form of cocaine or that is in	367
a form that resembles rocks or pebbles generally intended for	368
individual use.	369

(HH) "Adulterate" means to cause a drug to be adulterated as	370
described in section 3715.63 of the Revised Code.	371

(II) "Public premises" means any hotel, restaurant, tavern,	372
store, arena, hall, or other place of public accommodation,	373
business, amusement, or resort.	374

Section 2. That existing section 2925.01 of the Revised Code	375
is hereby repealed.	376