| (2)
Except as otherwise provided in this division, if the | 20 |
|
drug involved in the violation of division
(A) of this section is | 21 |
|
any compound, mixture,
preparation, or substance included in | 22 |
|
schedule I or
II, with the exception of marihuana, illegal | 23 |
|
manufacture
of drugs is a felony of the second degree, and, | 24 |
|
subject to
division (E) of this section, the court shall impose as | 25 |
|
a
mandatory prison term one of the prison terms prescribed for a | 26 |
|
felony of the second degree. If the drug involved in the violation | 27 |
| is any compound, mixture, preparation, or substance included in | 28 |
| schedule I or II, with the exception of marihuana, and if the | 29 |
| offense was committed in the vicinity of a juvenile or in the | 30 |
| vicinity of a school, illegal manufacture of drugs is a felony of | 31 |
| the first degree, and, subject to division (E) of this section, | 32 |
| the court shall impose as a mandatory prison term one of the | 33 |
| prison terms prescribed for a felony of the first degree.
If the | 34 |
| drug involved in the violation
is methamphetamine, any salt, | 35 |
| isomer, or salt of an isomer of
methamphetamine, or any compound, | 36 |
| mixture, preparation, or
substance containing methamphetamine or | 37 |
| any salt, isomer, or salt
of an isomer of methamphetamine and if | 38 |
the offense was committed
in the vicinity of a juvenile, in the | 39 |
vicinity of a school, or on
public premises, illegal manufacture | 40 |
| of drugs is a felony of the
first degree, and, subject to division | 41 |
| (E) of this section, the
court shall impose as a mandatory prison | 42 |
| term one of the prison
terms prescribed for a felony of the first | 43 |
| degree. | 44 |
| (3) If the drug involved in the violation of division
(A) of | 45 |
|
this section is any compound, mixture,
preparation, or substance | 46 |
|
included in schedule III,
IV, or V, illegal manufacture of drugs | 47 |
|
is a
felony of the third degree or, if the offense was committed | 48 |
| in the vicinity of a school or in the vicinity of a juvenile, a | 49 |
| felony of the second degree, and there is a presumption for a | 50 |
|
prison term for the offense. | 51 |
| (c) If the amount of marihuana involved equals or exceeds
two | 64 |
| hundred grams but is less than one
thousand grams, illegal | 65 |
|
cultivation of marihuana is a felony of the fifth degree or, if | 66 |
| the offense was committed in the vicinity of a school or in the | 67 |
| vicinity of a juvenile, a felony of the fourth degree, and | 68 |
|
division (B) of section 2929.13 of the Revised Code applies in | 69 |
|
determining
whether to impose a prison term on the offender. | 70 |
| (d) If the amount of marihuana involved equals or exceeds
one | 71 |
| thousand grams but is less than five
thousand grams,
illegal | 72 |
|
cultivation of marihuana is a felony of the third degree or, if | 73 |
| the offense was committed in the vicinity of a school or in the | 74 |
| vicinity of a juvenile, a felony of the second degree,
and | 75 |
|
division (C) of section 2929.13 of the Revised Code applies in | 76 |
|
determining
whether
to impose a prison term on the offender. | 77 |
(f) IfExcept as otherwise provided in this division, if the | 84 |
| amount of marihuana involved equals or exceeds
twenty thousand | 85 |
| grams, illegal cultivation of marihuana is a
felony of the second | 86 |
| degree, and the court shall impose as a
mandatory prison term the | 87 |
| maximum prison term prescribed for a
felony of the second degree. | 88 |
| If the amount of the drug involved equals or exceeds twenty | 89 |
| thousand grams and if the offense was committed in the vicinity of | 90 |
| a school or in the vicinity of a juvenile, illegal cultivation of | 91 |
| marihuana is a felony of the first degree, and the court shall | 92 |
| impose as a mandatory prison term the maximum prison term | 93 |
| prescribed for a felony of the first degree. | 94 |
| (D) In addition to any prison term authorized
or required by | 95 |
|
division (C) or (E) of this
section and sections 2929.13 and | 96 |
|
2929.14 of the Revised
Code and in addition to any other sanction | 97 |
|
imposed for
the offense under this section or sections 2929.11 to | 98 |
|
2929.18 of
the Revised Code, the court that sentences an
offender | 99 |
|
who is convicted of or pleads guilty to a violation of
division | 100 |
|
(A) of this section shall do all of the
following that are | 101 |
|
applicable regarding the offender: | 102 |
| (1) If the violation of division (A) of this
section is a | 103 |
|
felony of the
first, second, or third degree, the court
shall | 104 |
|
impose upon the offender the mandatory fine specified for
the | 105 |
|
offense under division (B)(1) of section 2929.18 of
the Revised | 106 |
|
Code unless, as specified in that
division, the court determines | 107 |
|
that the offender is
indigent. The clerk of the court shall pay a | 108 |
|
mandatory fine or
other fine imposed for a violation of this | 109 |
|
section pursuant to
division (A) of section 2929.18 of the Revised | 110 |
|
Code in accordance with and subject to the requirements
of | 111 |
|
division (F) of section 2925.03 of the Revised
Code. The agency | 112 |
|
that receives the fine shall use the
fine as specified in division | 113 |
|
(F) of section 2925.03 of
the Revised Code. If a person is
charged | 114 |
| with a
violation of this section that is a felony of the
first, | 115 |
| second, or third
degree, posts bail, and forfeits the bail,
the | 116 |
| clerk shall pay
the forfeited bail as if the forfeited bail
were a | 117 |
| fine imposed
for a violation of this section. | 118 |
| (2) The court shall
suspend the offender's
driver's or | 119 |
|
commercial driver's license or permit in accordance
with division | 120 |
|
(G) of section 2925.03 of the
Revised Code. If an
offender's | 121 |
|
driver's or
commercial driver's license or permit is
suspended in | 122 |
|
accordance
with that division, the offender
may request | 123 |
|
termination of, and
the court may terminate, the
suspension in | 124 |
|
accordance with that
division. | 125 |
| (E) Notwithstanding the prison term otherwise
authorized or | 129 |
|
required for the offense under division (C)
of this section and | 130 |
|
sections 2929.13 and 2929.14 of the
Revised Code, if the violation | 131 |
|
of division
(A) of this section involves the sale, offer to sell, | 132 |
|
or
possession of a schedule I or II controlled
substance, with the | 133 |
|
exception of marihuana, and if the court imposing
sentence upon | 134 |
|
the offender finds that the offender
as a result of the violation | 135 |
|
is a major drug offender and is guilty
of a specification of the | 136 |
|
type described in section 2941.1410 of the Revised Code, the | 137 |
|
court, in lieu of the prison term otherwise authorized or | 138 |
|
required, shall impose upon the offender the mandatory prison
term | 139 |
|
specified in division (D)(3)(a) of
section 2929.14 of the Revised | 140 |
|
Code and may
impose an additional prison term under division | 141 |
|
(D)(3)(b) of that section. | 142 |
| (F) It is an affirmative defense, as
provided in section | 143 |
|
2901.05 of the Revised Code,
to a charge under this section for a | 144 |
|
fifth degree felony violation of
illegal cultivation of
marihuana | 145 |
|
that the marihuana that gave rise to the charge is in
an amount, | 146 |
|
is in a form, is prepared, compounded, or mixed with
substances | 147 |
|
that are not controlled substances in a manner, or is
possessed or | 148 |
|
cultivated under any other circumstances that
indicate that the | 149 |
|
marihuana was solely for personal use. | 150 |
| Notwithstanding any contrary provision of division
(F) of | 151 |
|
this section, if, in
accordance with section 2901.05 of the | 152 |
|
Revised
Code, a person who is charged
with a violation of illegal | 153 |
|
cultivation of marihuana that is a
felony of the fifth degree | 154 |
|
sustains the burden of going forward
with evidence of and | 155 |
|
establishes by a preponderance of the
evidence the affirmative | 156 |
|
defense described in this division, the
person may be prosecuted | 157 |
|
for and may be convicted of or plead
guilty to a misdemeanor | 158 |
|
violation of illegal cultivation of
marihuana. | 159 |
| (G) Arrest or conviction for a minor
misdemeanor violation
of | 160 |
| this section does not constitute a
criminal record and need not
be | 161 |
| reported by the person so
arrested or convicted in response to
any | 162 |
| inquiries about the
person's criminal record, including any | 163 |
|
inquiries contained in an
application for employment, a license, | 164 |
|
or any other right or
privilege or made in connection with the | 165 |
|
person's appearance as a
witness. | 166 |
| (B) In a prosecution under this section, it is not necessary | 172 |
|
to allege or prove that the offender assembled or possessed all | 173 |
|
chemicals necessary to manufacture a controlled substance in | 174 |
|
schedule I or II. The assembly or possession of a single chemical | 175 |
|
that may be used in the manufacture of a controlled substance in | 176 |
|
schedule I or II, with the intent to manufacture a controlled | 177 |
|
substance in either schedule, is sufficient to violate this | 178 |
|
section. | 179 |
| (C) Whoever violates this section is guilty of illegal | 180 |
|
assembly or possession of chemicals for the manufacture of drugs. | 181 |
IllegalExcept as otherwise provided in this division, illegal | 182 |
| assembly or
possession of chemicals
for the manufacture of
drugs | 183 |
| is a felony
of the third degree, and
division (C) of section | 184 |
|
2929.13 of the
Revised Code applies in
determining whether to | 185 |
|
impose a prison
term on the offender. If the offense was committed | 186 |
| in the vicinity of a juvenile or in the vicinity of a school, | 187 |
| illegal assembly or possession of chemicals for the manufacture of | 188 |
| drugs is a felony of the second degree, and division (C) of | 189 |
| section 2929.13 of the Revised Code applies in determining whether | 190 |
| to impose a prison term on the offender. | 191 |
| (1) The court shall impose upon the offender the mandatory | 199 |
|
fine specified for the offense under division (B)(1) of section | 200 |
|
2929.18 of the Revised Code unless, as specified in that division, | 201 |
|
the court determines that the offender is indigent. The clerk of | 202 |
|
the court shall pay a mandatory fine or other fine imposed for a | 203 |
|
violation of this section under division (A) of section
2929.18 of | 204 |
|
the Revised Code in accordance with and subject to the | 205 |
|
requirements of division (F) of section 2925.03 of the Revised | 206 |
|
Code. The agency that receives the fine shall use the fine as | 207 |
|
specified in division (F) of section 2925.03 of the Revised Code. | 208 |
|
If a person charged with a violation of this section posts bail | 209 |
|
and forfeits the bail, the clerk shall pay the forfeited bail as | 210 |
|
if the forfeited bail were a fine imposed for a violation of this | 211 |
|
section. | 212 |
| (2) The court shall revoke or suspend the offender's
driver's | 213 |
| or commercial driver's license or permit in accordance
with | 214 |
| division (G) of section 2925.03 of the Revised Code. If an | 215 |
|
offender's driver's or commercial driver's license or permit is | 216 |
|
revoked in accordance with that division, the offender may request | 217 |
|
termination of, and the court may terminate, the revocation in | 218 |
|
accordance with that division. | 219 |