As Reported by the Senate Judiciary--Criminal Justice Committee

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 53

Senators Carey, Zurz, Harris, Jacobson, Padgett, Clancy, Grendell, Fedor, Miller, Austria, Goodman, Schuring 

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A BILL

To amend sections 109.60, 2151.022, 2152.02, 2919.22,

1

2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and

2

4301.61 and to enact sections 2927.30, 2927.31,

3

2927.32, 2927.33, 2933.33, 3715.05, and 3715.06 of

4

the Revised Code to govern pseudoephedrine sales

5

in Ohio.

6

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

Section 1. That sections 109.60, 2151.022, 2152.02, 2919.22,	7
2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 be	8
amended and sections 2927.30, 2927.31, 2927.32, 2927.33, 2933.33,	9
3715.05, and 3715.06 of the Revised Code be enacted to read as	10
follows:	11

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	12
the chiefs of police of cities, immediately upon the arrest of any	13
person for any felony, on suspicion of any felony, for a crime	14
constituting a misdemeanor on the first offense and a felony on	15
subsequent offenses, or for any misdemeanor described in division	16
(A)(1)(a) of section 109.572 of the Revised Code, and immediately	17
upon the arrest or taking into custody of any child under eighteen	18
years of age for committing an act that would be a felony or an	19
offense of violence if committed by an adult or upon probable	20
cause to believe that a child of that age may have committed an	21
act that would be a felony or an offense of violence if committed	22
by an adult, shall take the person's or child's fingerprints, or	23
cause the same to be taken, according to the fingerprint system of	24
identification on the forms furnished by the superintendent of the	25
bureau of criminal identification and investigation, and	26
immediately shall forward copies of the completed forms, any other	27
description that may be required, and the history of the offense	28
committed to the bureau to be classified and filed and to the	29
clerk of the court having jurisdiction over the prosecution of the	30
offense or over the adjudication relative to the act.	31

(2) If a sheriff or chief of police has not taken, or caused	32
to be taken, a person's or child's fingerprints in accordance with	33
division (A)(1) of this section by the time of the arraignment or	34
first appearance of the person or child, the court shall order the	35
person or child to appear before the sheriff or chief of police	36
within twenty-four hours to have the person's or child's	37
fingerprints taken. The sheriff or chief of police shall take the	38
person's or child's fingerprints, or cause the fingerprints to be	39
taken, according to the fingerprint system of identification on	40
the forms furnished by the superintendent of the bureau of	41
criminal identification and investigation and, immediately after	42
the person's or child's arraignment or first appearance, forward	43
copies of the completed forms, any other description that may be	44
required, and the history of the offense committed to the bureau	45
to be classified and filed and to the clerk of the court.	46

(3) Every court with jurisdiction over a case involving a	47
person or child with respect to whom division (A)(1) of this	48
section requires a sheriff or chief of police to take the person's	49
or child's fingerprints shall inquire at the time of the person's	50
or child's sentencing or adjudication whether or not the person or	51
child has been fingerprinted pursuant to division (A)(1) or (2) of	52
this section for the original arrest upon which the sentence or	53
adjudication is based. If the person or child was not	54
fingerprinted for the original arrest upon which the sentence or	55
adjudication is based, the court shall order the person or child	56
to appear before the sheriff or chief of police within twenty-four	57
hours to have the person's or child's fingerprints taken. The	58
sheriff or chief of police shall take the person's or child's	59
fingerprints, or cause the fingerprints to be taken, according to	60
the fingerprint system of identification on the forms furnished by	61
the superintendent of the bureau of criminal identification and	62
investigation and immediately forward copies of the completed	63
forms, any other description that may be required, and the history	64
of the offense committed to the bureau to be classified and filed	65
and to the clerk of the court.	66

(4) If a person or child is in the custody of a law	67
enforcement agency or a detention facility, as defined in section	68
2921.01 of the Revised Code, and the chief law enforcement officer	69
or chief administrative officer of the detention facility	70
discovers that a warrant has been issued or a bill of information	71
has been filed alleging the person or child to have committed an	72
offense or act other than the offense or act for which the person	73
or child is in custody, and the other alleged offense or act is	74
one for which fingerprints are to be taken pursuant to division	75
(A)(1) of this section, the law enforcement agency or detention	76
facility shall take the fingerprints of the person or child, or	77
cause the fingerprints to be taken, according to the fingerprint	78
system of identification on the forms furnished by the	79
superintendent of the bureau of criminal identification and	80
investigation and immediately forward copies of the completed	81
forms, any other description that may be required, and the history	82
of the offense committed to the bureau to be classified and filed	83
and to the clerk of the court that issued the warrant or with	84
which the bill of information was filed.	85

(5) If an accused is found not guilty of the offense charged	86
or a nolle prosequi is entered in any case, or if any accused	87
child under eighteen years of age is found not to be a delinquent	88
child for committing an act that would be a felony or an offense	89
of violence if committed by an adult or not guilty of the felony	90
or offense of violence charged or a nolle prosequi is entered in	91
that case, the fingerprints and description shall be given to the	92
accused upon the accused's request.	93

(6) The superintendent shall compare the description received	94
with those already on file in the bureau, and, if the	95
superintendent finds that the person arrested or taken into	96
custody has a criminal record or a record as a delinquent child	97
for having committed an act that would be a felony or an offense	98
of violence if committed by an adult or is a fugitive from justice	99
or wanted by any jurisdiction in this or another state, the United	100
States, or a foreign country for any offense, the superintendent	101
at once shall inform the arresting officer, the officer taking the	102
person into custody, or the chief administrative officer of the	103
county, multicounty, municipal, municipal-county, or	104
multicounty-municipal jail or workhouse, community-based	105
correctional facility, halfway house, alternative residential	106
facility, or state correctional institution in which the person or	107
child is in custody of that fact and give appropriate notice to	108
the proper authorities in the jurisdiction in which the person is	109
wanted, or, if that jurisdiction is a foreign country, give	110
appropriate notice to federal authorities for transmission to the	111
foreign country. The names, under which each person whose	112
identification is filed is known, shall be alphabetically indexed	113
by the superintendent.	114

(B) ThisDivision (A) of this section does not apply to a	115
violator of a city ordinance unless the officers have reason to	116
believe that the violator is a past offender or the crime is one	117
constituting a misdemeanor on the first offense and a felony on	118
subsequent offenses, or unless it is advisable for the purpose of	119
subsequent identification. This section does not apply to any	120
child under eighteen years of age who was not arrested or	121
otherwise taken into custody for committing an act that would be a	122
felony or an offense of violence if committed by an adult or upon	123
probable cause to believe that a child of that age may have	124
committed an act that would be a felony or an offense of violence	125
if committed by an adult, except as provided in section 2151.313	126
of the Revised Code.	127

(C)(1) For purposes of division (C) of this section, a law	128
enforcement agency shall be considered to have arrested a person	129
if any law enforcement officer who is employed by, appointed by,	130
or serves that agency arrests the person. As used in division (C)	131
of this section:	132

(a) "Illegal methamphetamine manufacturing laboratory" has	133
the same meaning as in section 3745.13 of the Revised Code.	134

(b) "Methamphetamine or a methamphetamine product" means	135
methamphetamine, any salt, isomer, or salt of an isomer of	136
methamphetamine, or any compound, mixture, preparation, or	137
substance containing methamphetamine or any salt, isomer, or salt	138
of an isomer of methamphetamine.	139

(2) Each law enforcement agency that, in any calendar year,	140
arrests any person for a violation of section 2925.04 of the	141
Revised Code that is based on the manufacture of methamphetamine	142
or a methamphetamine product, a violation of section 2925.041 of	143
the Revised Code that is based on the possession of chemicals	144
sufficient to produce methamphetamine or a methamphetamine	145
product, or a violation of any other provision of Chapter 2925. or	146
3719. of the Revised Code that is based on the possession of	147
chemicals sufficient to produce methamphetamine or a	148
methamphetamine product shall prepare an annual report covering	149
the calendar year that contains the information specified in	150
division (C)(3) of this section relative to all arrests for	151
violations of those sections committed under those circumstances	152
during that calendar year and relative to illegal methamphetamine	153
manufacturing laboratories, dump sites, and chemical caches as	154
specified in that division and shall send the annual report, not	155
later than the first day of March in the calendar year following	156
the calendar year covered by the report, to the bureau of criminal	157
identification and investigation.	158

The law enforcement agency shall write any annual report	159
prepared and filed under this division on the standard forms	160
furnished by the superintendent of the bureau of criminal	161
identification and investigation pursuant to division (C)(4) of	162
this section. The annual report shall be a statistical report, and	163
nothing in the report or in the information it contains shall	164
identify, or enable the identification of, any person who was	165
arrested and whose arrest is included in the information contained	166
in the report. The annual report in the possession of the bureau	167
and the information it contains are public records for the purpose	168
of section 149.43 of the Revised Code.	169

(3) The annual report prepared and filed by a law enforcement	170
agency under division (C)(2) of this section shall contain all of	171
the following information for the calendar year covered by the	172
report:	173

(a) The total number of arrests made by the agency in that	174
calendar year for a violation of section 2925.04 of the Revised	175
Code that is based on the manufacture of methamphetamine or a	176
methamphetamine product, a violation of section 2925.041 of the	177
Revised Code that is based on the possession of chemicals	178
sufficient to produce methamphetamine or a methamphetamine	179
product, or a violation of any other provision of Chapter 2925. or	180
3719. of the Revised Code that is based on the possession of	181
chemicals sufficient to produce methamphetamine or a	182
methamphetamine product;	183

(b) The total number of illegal methamphetamine manufacturing	184
laboratories at which one or more of the arrests reported under	185
division (C)(3)(a) of this section occurred, or that were	186
discovered in that calendar year within the territory served by	187
the agency but at which none of the arrests reported under	188
division (C)(3)(a) of this section occurred;	189

(c) The total number of dump sites and chemical caches that	190
are, or that are reasonably believed to be, related to illegal	191
methamphetamine manufacturing and that were discovered in that	192
calendar year within the territory served by the agency.	193

(4) The superintendent of the bureau of criminal	194
identification and investigation shall prepare and furnish to each	195
law enforcement agency in this state standard forms for making the	196
annual reports required by division (C)(2) of this section. The	197
standard forms that the superintendent prepares pursuant to this	198
division may be in a tangible format, in an electronic format, or	199
in both a tangible format and an electronic format.	200

(5) The annual report required by division (C)(2) of this	201
section is separate from, and in addition to, any report,	202
materials, or information required under division (A) of this	203
section or under any other provision of sections 109.57 to 109.62	204
of the Revised Code.	205

Sec. 2151.022.  As used in this chapter, "unruly child"	206
includes any of the following:	207

(A) Any child who does not submit to the reasonable control	208
of the child's parents, teachers, guardian, or custodian, by	209
reason of being wayward or habitually disobedient;	210

(B) Any child who is an habitual truant from school and who	211
previously has not been adjudicated an unruly child for being an	212
habitual truant;	213

(C) Any child who behaves in a manner as to injure or	214
endanger the child's own health or morals or the health or morals	215
of others;	216

(D) Any child who violates a law, other than division (A) of	217
section 2923.211, division (C)(1) or (D) of section 2927.30,	218
division (C) of section 2927.31, or section 2151.87 of the Revised	219
Code, that is applicable only to a child.	220

Sec. 2152.02.  As used in this chapter:

221

(A) "Act charged" means the act that is identified in a	222
complaint, indictment, or information alleging that a child is a	223
delinquent child.	224

(B) "Admitted to a department of youth services facility"	225
includes admission to a facility operated, or contracted for, by	226
the department and admission to a comparable facility outside this	227
state by another state or the United States.	228

(C)(1) "Child" means a person who is under eighteen years of	229
age, except as otherwise provided in divisions (C)(2) to (6) of	230
this section.	231

(2) Subject to division (C)(3) of this section, any person	232
who violates a federal or state law or a municipal ordinance prior	233
to attaining eighteen years of age shall be deemed a "child"	234
irrespective of that person's age at the time the complaint with	235
respect to that violation is filed or the hearing on the complaint	236
is held.	237

(3) Any person who, while under eighteen years of age,	238
commits an act that would be a felony if committed by an adult and	239
who is not taken into custody or apprehended for that act until	240
after the person attains twenty-one years of age is not a child in	241
relation to that act.	242

(4) Any person whose case is transferred for criminal	243
prosecution pursuant to section 2152.12 of the Revised Code shall	244
be deemed after the transfer not to be a child in the transferred	245
case.	246

(5) Any person whose case is transferred for criminal	247
prosecution pursuant to section 2152.12 of the Revised Code and	248
who subsequently is convicted of or pleads guilty to a felony in	249
that case, and any person who is adjudicated a delinquent child	250
for the commission of an act, who has a serious youthful offender	251
dispositional sentence imposed for the act pursuant to section	252
2152.13 of the Revised Code, and whose adult portion of the	253
dispositional sentence is invoked pursuant to section 2152.14 of	254
the Revised Code, shall be deemed after the transfer or invocation	255
not to be a child in any case in which a complaint is filed	256
against the person.	257

(6) The juvenile court has jurisdiction over a person who is	258
adjudicated a delinquent child or juvenile traffic offender prior	259
to attaining eighteen years of age until the person attains	260
twenty-one years of age, and, for purposes of that jurisdiction	261
related to that adjudication, except as otherwise provided in this	262
division, a person who is so adjudicated a delinquent child or	263
juvenile traffic offender shall be deemed a "child" until the	264
person attains twenty-one years of age. If a person is so	265
adjudicated a delinquent child or juvenile traffic offender and	266
the court makes a disposition of the person under this chapter, at	267
any time after the person attains eighteen years of age, the	268
places at which the person may be held under that disposition are	269
not limited to places authorized under this chapter solely for	270
confinement of children, and the person may be confined under that	271
disposition, in accordance with division (F)(2) of section 2152.26	272
of the Revised Code, in places other than those authorized under	273
this chapter solely for confinement of children.	274

(D) "Chronic truant" means any child of compulsory school age	275
who is absent without legitimate excuse for absence from the	276
public school the child is supposed to attend for seven or more	277
consecutive school days, ten or more school days in one school	278
month, or fifteen or more school days in a school year.	279

(E) "Community corrections facility," "public safety beds,"	280
"release authority," and "supervised release" have the same	281
meanings as in section 5139.01 of the Revised Code.	282

(F) "Delinquent child" includes any of the following:

283

(1) Any child, except a juvenile traffic offender, who	284
violates any law of this state or the United States, or any	285
ordinance of a political subdivision of the state, that would be	286
an offense if committed by an adult;	287

(2) Any child who violates any lawful order of the court made	288
under this chapter or under Chapter 2151. of the Revised Code	289
other than an order issued under section 2151.87 of the Revised	290
Code;	291

(3) Any child who violates division (A) of section 2923.211,	292
division (C)(1) or (D) of section 2927.30, or division (C) of	293
section 2927.31 of the Revised Code;	294

(4) Any child who is a habitual truant and who previously has	295
been adjudicated an unruly child for being a habitual truant;	296

(5) Any child who is a chronic truant.

297

(G) "Discretionary serious youthful offender" means a person	298
who is eligible for a discretionary SYO and who is not transferred	299
to adult court under a mandatory or discretionary transfer.	300

(H) "Discretionary SYO" means a case in which the juvenile	301
court, in the juvenile court's discretion, may impose a serious	302
youthful offender disposition under section 2152.13 of the Revised	303
Code.	304

(I) "Discretionary transfer" means that the juvenile court	305
has discretion to transfer a case for criminal prosecution under	306
division (B) of section 2152.12 of the Revised Code.	307

(J) "Drug abuse offense," "felony drug abuse offense," and	308
"minor drug possession offense" have the same meanings as in	309
section 2925.01 of the Revised Code.	310

(K) "Electronic monitoring" and "electronic monitoring	311
device" have the same meanings as in section 2929.01 of the	312
Revised Code.	313

(L) "Economic loss" means any economic detriment suffered by	314
a victim of a delinquent act or juvenile traffic offense as a	315
direct and proximate result of the delinquent act or juvenile	316
traffic offense and includes any loss of income due to lost time	317
at work because of any injury caused to the victim and any	318
property loss, medical cost, or funeral expense incurred as a	319
result of the delinquent act or juvenile traffic offense.	320
"Economic loss" does not include non-economic loss or any punitive	321
or exemplary damages.	322

(M) "Firearm" has the same meaning as in section 2923.11 of	323
the Revised Code.	324

(N) "Juvenile traffic offender" means any child who violates	325
any traffic law, traffic ordinance, or traffic regulation of this	326
state, the United States, or any political subdivision of this	327
state, other than a resolution, ordinance, or regulation of a	328
political subdivision of this state the violation of which is	329
required to be handled by a parking violations bureau or a joint	330
parking violations bureau pursuant to Chapter 4521. of the Revised	331
Code.	332

(O) A "legitimate excuse for absence from the public school	333
the child is supposed to attend" has the same meaning as in	334
section 2151.011 of the Revised Code.	335

(P) "Mandatory serious youthful offender" means a person who	336
is eligible for a mandatory SYO and who is not transferred to	337
adult court under a mandatory or discretionary transfer.	338

(Q) "Mandatory SYO" means a case in which the juvenile court	339
is required to impose a mandatory serious youthful offender	340
disposition under section 2152.13 of the Revised Code.	341

(R) "Mandatory transfer" means that a case is required to be	342
transferred for criminal prosecution under division (A) of section	343
2152.12 of the Revised Code.	344

(S) "Mental illness" has the same meaning as in section	345
5122.01 of the Revised Code.	346

(T) "Mentally retarded person" has the same meaning as in	347
section 5123.01 of the Revised Code.	348

(U) "Monitored time" and "repeat violent offender" have the	349
same meanings as in section 2929.01 of the Revised Code.	350

(V) "Of compulsory school age" has the same meaning as in	351
section 3321.01 of the Revised Code.	352

(W) "Public record" has the same meaning as in section 149.43	353
of the Revised Code.	354

(X) "Serious youthful offender" means a person who is	355
eligible for a mandatory SYO or discretionary SYO but who is not	356
transferred to adult court under a mandatory or discretionary	357
transfer.	358

(Y) "Sexually oriented offense," "habitual sex offender,"	359
"juvenile offender registrant," "sexual predator," "presumptive	360
registration-exempt sexually oriented offense,"	361
"registration-exempt sexually oriented offense," "child-victim	362
oriented offense," "habitual child-victim offender," and	363
"child-victim predator" have the same meanings as in section	364
2950.01 of the Revised Code.	365

(Z) "Traditional juvenile" means a case that is not	366
transferred to adult court under a mandatory or discretionary	367
transfer, that is eligible for a disposition under sections	368
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	369
that is not eligible for a disposition under section 2152.13 of	370
the Revised Code.	371

(AA) "Transfer" means the transfer for criminal prosecution	372
of a case involving the alleged commission by a child of an act	373
that would be an offense if committed by an adult from the	374
juvenile court to the appropriate court that has jurisdiction of	375
the offense.	376

(BB) "Category one offense" means any of the following:

377

(1) A violation of section 2903.01 or 2903.02 of the Revised	378
Code;	379

(2) A violation of section 2923.02 of the Revised Code	380
involving an attempt to commit aggravated murder or murder.	381

(CC) "Category two offense" means any of the following:

382

(1) A violation of section 2903.03, 2905.01, 2907.02,	383
2909.02, 2911.01, or 2911.11 of the Revised Code;	384

(2) A violation of section 2903.04 of the Revised Code that	385
is a felony of the first degree;	386

(3) A violation of section 2907.12 of the Revised Code as it	387
existed prior to September 3, 1996.	388

(DD) "Non-economic loss" means nonpecuniary harm suffered by	389
a victim of a delinquent act or juvenile traffic offense as a	390
result of or related to the delinquent act or juvenile traffic	391
offense, including, but not limited to, pain and suffering; loss	392
of society, consortium, companionship, care, assistance,	393
attention, protection, advice, guidance, counsel, instruction,	394
training, or education; mental anguish; and any other intangible	395
loss.	396

Sec. 2919.22.  (A) No person, who is the parent, guardian,	397
custodian, person having custody or control, or person in loco	398
parentis of a child under eighteen years of age or a mentally or	399
physically handicapped child under twenty-one years of age, shall	400
create a substantial risk to the health or safety of the child, by	401
violating a duty of care, protection, or support. It is not a	402
violation of a duty of care, protection, or support under this	403
division when the parent, guardian, custodian, or person having	404
custody or control of a child treats the physical or mental	405
illness or defect of the child by spiritual means through prayer	406
alone, in accordance with the tenets of a recognized religious	407
body.	408

(B) No person shall do any of the following to a child under	409
eighteen years of age or a mentally or physically handicapped	410
child under twenty-one years of age:	411

(1) Abuse the child;

412

(2) Torture or cruelly abuse the child;

413

(3) Administer corporal punishment or other physical	414
disciplinary measure, or physically restrain the child in a cruel	415
manner or for a prolonged period, which punishment, discipline, or	416
restraint is excessive under the circumstances and creates a	417
substantial risk of serious physical harm to the child;	418

(4) Repeatedly administer unwarranted disciplinary measures	419
to the child, when there is a substantial risk that such conduct,	420
if continued, will seriously impair or retard the child's mental	421
health or development;	422

(5) Entice, coerce, permit, encourage, compel, hire, employ,	423
use, or allow the child to act, model, or in any other way	424
participate in, or be photographed for, the production,	425
presentation, dissemination, or advertisement of any material or	426
performance that the offender knows or reasonably should know is	427
obscene, is sexually oriented matter, or is nudity-oriented	428
matter;	429

(6) Allow the child to be on the same parcel of real property	430
and within one hundred feet of, or, in the case of more than one	431
housing unit on the same parcel of real property, in the same	432
housing unit and within one hundred feet of, any act in violation	433
of section 2925.04 or 2925.041 of the Revised Code when the person	434
knows that the act is occurring, whether or not any person is	435
prosecuted for or convicted of the violation of section 2925.04 or	436
2925.041 of the Revised Code that is the basis of the violation of	437
this division.	438

(C)(1) No person shall operate a vehicle, streetcar, or	439
trackless trolley within this state in violation of division (A)	440
of section 4511.19 of the Revised Code when one or more children	441
under eighteen years of age are in the vehicle, streetcar, or	442
trackless trolley. Notwithstanding any other provision of law, a	443
person may be convicted at the same trial or proceeding of a	444
violation of this division and a violation of division (A) of	445
section 4511.19 of the Revised Code that constitutes the basis of	446
the charge of the violation of this division. For purposes of	447
sections 4511.191 to 4511.197 of the Revised Code and all related	448
provisions of law, a person arrested for a violation of this	449
division shall be considered to be under arrest for operating a	450
vehicle while under the influence of alcohol, a drug of abuse, or	451
a combination of them or for operating a vehicle with a prohibited	452
concentration of alcohol in the whole blood, blood serum or	453
plasma, breath, or urine.	454

(2) As used in division (C)(1) of this section, "vehicle,"	455
"streetcar," and "trackless trolley" have the same meanings as in	456
section 4511.01 of the Revised Code.	457

(D)(1) Division (B)(5) of this section does not apply to any	458
material or performance that is produced, presented, or	459
disseminated for a bona fide medical, scientific, educational,	460
religious, governmental, judicial, or other proper purpose, by or	461
to a physician, psychologist, sociologist, scientist, teacher,	462
person pursuing bona fide studies or research, librarian, member	463
of the clergy, prosecutor, judge, or other person having a proper	464
interest in the material or performance.	465

(2) Mistake of age is not a defense to a charge under	466
division (B)(5) of this section.	467

(3) In a prosecution under division (B)(5) of this section,	468
the trier of fact may infer that an actor, model, or participant	469
in the material or performance involved is a juvenile if the	470
material or performance, through its title, text, visual	471
representation, or otherwise, represents or depicts the actor,	472
model, or participant as a juvenile.	473

(4) As used in this division and division (B)(5) of this	474
section:	475

(a) "Material," "performance," "obscene," and "sexual	476
activity" have the same meanings as in section 2907.01 of the	477
Revised Code.	478

(b) "Nudity-oriented matter" means any material or	479
performance that shows a minor in a state of nudity and that,	480
taken as a whole by the average person applying contemporary	481
community standards, appeals to prurient interest.	482

(c) "Sexually oriented matter" means any material or	483
performance that shows a minor participating or engaging in sexual	484
activity, masturbation, or bestiality.	485

(E)(1) Whoever violates this section is guilty of endangering	486
children.	487

(2) If the offender violates division (A) or (B)(1) of this	488
section, endangering children is one of the following:	489

(a) Except as otherwise provided in division (E)(2)(b), (c),	490
or (d) of this section, a misdemeanor of the first degree;	491

(b) If the offender previously has been convicted of an	492
offense under this section or of any offense involving neglect,	493
abandonment, contributing to the delinquency of, or physical abuse	494
of a child, except as otherwise provided in division (E)(2)(c) or	495
(d) of this section, a felony of the fourth degree;	496

(c) If the violation is a violation of division (A) of this	497
section and results in serious physical harm to the child	498
involved, a felony of the third degree;	499

(d) If the violation is a violation of division (B)(1) of	500
this section and results in serious physical harm to the child	501
involved, a felony of the second degree.	502

(3) If the offender violates division (B)(2), (3), (4), or	503
(6) of this section, except as otherwise provided in this	504
division, endangering children is a felony of the third degree. If	505
the violation results in serious physical harm to the child	506
involved, or if the offender previously has been convicted of an	507
offense under this section or of any offense involving neglect,	508
abandonment, contributing to the delinquency of, or physical abuse	509
of a child, endangering children is a felony of the second degree.	510
If the offender violates division (B)(6) of this section and the	511
drug involved is methamphetamine, the court shall impose a	512
mandatory prison term on the offender as follows:	513

(a) If the violation is a violation of division (B)(6) of	514
this section that is a felony of the third degree under division	515
(E)(3) of this section and the drug involved is methamphetamine,	516
except as otherwise provided in this division, the court shall	517
impose as a mandatory prison term one of the prison terms	518
prescribed for a felony of the third degree that is not less than	519
two years. If the violation is a violation of division (B)(6) of	520
this section that is a felony of the third degree under division	521
(E)(3) of this section, if the drug involved is methamphetamine,	522
and if the offender previously has been convicted of or pleaded	523
guilty to a violation of division (B)(6) of this section, a	524
violation of division (A) of section 2925.04 of the Revised Code,	525
or a violation of division (A) of section 2925.041 of the Revised	526
Code, the court shall impose as a mandatory prison term one of the	527
prison terms prescribed for a felony of the third degree that is	528
not less than five years.	529

(b) If the violation is a violation of division (B)(6) of	530
this section that is a felony of the second degree under division	531
(E)(3) of this section and the drug involved is methamphetamine,	532
except as otherwise provided in this division, the court shall	533
impose as a mandatory prison term one of the prison terms	534
prescribed for a felony of the second degree that is not less than	535
three years. If the violation is a violation of division (B)(6) of	536
this section that is a felony of the second degree under division	537
(E)(3) of this section, if the drug involved is methamphetamine,	538
and if the offender previously has been convicted of or pleaded	539
guilty to a violation of division (B)(6) of this section, a	540
violation of division (A) of section 2925.04 of the Revised Code,	541
or a violation of division (A) of section 2925.041 of the Revised	542
Code, the court shall impose as a mandatory prison term one of the	543
prison terms prescribed for a felony of the second degree that is	544
not less than five years.	545

(4) If the offender violates division (B)(5) of this section,	546
endangering children is a felony of the second degree.	547

(5) If the offender violates division (C) of this section,	548
the offender shall be punished as follows:	549

(a) Except as otherwise provided in division (E)(5)(b) or (c)	550
of this section, endangering children in violation of division (C)	551
of this section is a misdemeanor of the first degree.	552

(b) If the violation results in serious physical harm to the	553
child involved or the offender previously has been convicted of an	554
offense under this section or any offense involving neglect,	555
abandonment, contributing to the delinquency of, or physical abuse	556
of a child, except as otherwise provided in division (E)(5)(c) of	557
this section, endangering children in violation of division (C) of	558
this section is a felony of the fifth degree.	559

(c) If the violation results in serious physical harm to the	560
child involved and if the offender previously has been convicted	561
of a violation of division (C) of this section, section 2903.06 or	562
2903.08 of the Revised Code, section 2903.07 of the Revised Code	563
as it existed prior to March 23, 2000, or section 2903.04 of the	564
Revised Code in a case in which the offender was subject to the	565
sanctions described in division (D) of that section, endangering	566
children in violation of division (C) of this section is a felony	567
of the fourth degree.	568

(d) In addition to any term of imprisonment, fine, or other	569
sentence, penalty, or sanction it imposes upon the offender	570
pursuant to division (E)(5)(a), (b), or (c) of this section or	571
pursuant to any other provision of law and in addition to any	572
suspension of the offender's driver's or commercial driver's	573
license or permit or nonresident operating privilege under Chapter	574
4506., 4509., 4510., or 4511. of the Revised Code or under any	575
other provision of law, the court also may impose upon the	576
offender a class seven suspension of the offender's driver's or	577
commercial driver's license or permit or nonresident operating	578
privilege from the range specified in division (A)(7) of section	579
4510.02 of the Revised Code.	580

(e) In addition to any term of imprisonment, fine, or other	581
sentence, penalty, or sanction imposed upon the offender pursuant	582
to division (E)(5)(a), (b), (c), or (d) of this section or	583
pursuant to any other provision of law for the violation of	584
division (C) of this section, if as part of the same trial or	585
proceeding the offender also is convicted of or pleads guilty to a	586
separate charge charging the violation of division (A) of section	587
4511.19 of the Revised Code that was the basis of the charge of	588
the violation of division (C) of this section, the offender also	589
shall be sentenced in accordance with section 4511.19 of the	590
Revised Code for that violation of division (A) of section 4511.19	591
of the Revised Code.	592

(F)(1)(a) A court may require an offender to perform not more	593
than two hundred hours of supervised community service work under	594
the authority of an agency, subdivision, or charitable	595
organization. The requirement shall be part of the community	596
control sanction or sentence of the offender, and the court shall	597
impose the community service in accordance with and subject to	598
divisions (F)(1)(a) and (b) of this section. The court may require	599
an offender whom it requires to perform supervised community	600
service work as part of the offender's community control sanction	601
or sentence to pay the court a reasonable fee to cover the costs	602
of the offender's participation in the work, including, but not	603
limited to, the costs of procuring a policy or policies of	604
liability insurance to cover the period during which the offender	605
will perform the work. If the court requires the offender to	606
perform supervised community service work as part of the	607
offender's community control sanction or sentence, the court shall	608
do so in accordance with the following limitations and criteria:	609

(i) The court shall require that the community service work	610
be performed after completion of the term of imprisonment or jail	611
term imposed upon the offender for the violation of division (C)	612
of this section, if applicable.	613

(ii) The supervised community service work shall be subject	614
to the limitations set forth in divisions (B)(1), (2), and (3) of	615
section 2951.02 of the Revised Code.	616

(iii) The community service work shall be supervised in the	617
manner described in division (B)(4) of section 2951.02 of the	618
Revised Code by an official or person with the qualifications	619
described in that division. The official or person periodically	620
shall report in writing to the court concerning the conduct of the	621
offender in performing the work.	622

(iv) The court shall inform the offender in writing that if	623
the offender does not adequately perform, as determined by the	624
court, all of the required community service work, the court may	625
order that the offender be committed to a jail or workhouse for a	626
period of time that does not exceed the term of imprisonment that	627
the court could have imposed upon the offender for the violation	628
of division (C) of this section, reduced by the total amount of	629
time that the offender actually was imprisoned under the sentence	630
or term that was imposed upon the offender for that violation and	631
by the total amount of time that the offender was confined for any	632
reason arising out of the offense for which the offender was	633
convicted and sentenced as described in sections 2949.08 and	634
2967.191 of the Revised Code, and that, if the court orders that	635
the offender be so committed, the court is authorized, but not	636
required, to grant the offender credit upon the period of the	637
commitment for the community service work that the offender	638
adequately performed.	639

(b) If a court, pursuant to division (F)(1)(a) of this	640
section, orders an offender to perform community service work as	641
part of the offender's community control sanction or sentence and	642
if the offender does not adequately perform all of the required	643
community service work, as determined by the court, the court may	644
order that the offender be committed to a jail or workhouse for a	645
period of time that does not exceed the term of imprisonment that	646
the court could have imposed upon the offender for the violation	647
of division (C) of this section, reduced by the total amount of	648
time that the offender actually was imprisoned under the sentence	649
or term that was imposed upon the offender for that violation and	650
by the total amount of time that the offender was confined for any	651
reason arising out of the offense for which the offender was	652
convicted and sentenced as described in sections 2949.08 and	653
2967.191 of the Revised Code. The court may order that a person	654
committed pursuant to this division shall receive hour-for-hour	655
credit upon the period of the commitment for the community service	656
work that the offender adequately performed. No commitment	657
pursuant to this division shall exceed the period of the term of	658
imprisonment that the sentencing court could have imposed upon the	659
offender for the violation of division (C) of this section,	660
reduced by the total amount of time that the offender actually was	661
imprisoned under that sentence or term and by the total amount of	662
time that the offender was confined for any reason arising out of	663
the offense for which the offender was convicted and sentenced as	664
described in sections 2949.08 and 2967.191 of the Revised Code.	665

(2) Division (F)(1) of this section does not limit or affect	666
the authority of the court to suspend the sentence imposed upon a	667
misdemeanor offender and place the offender under a community	668
control sanction pursuant to section 2929.25 of the Revised Code,	669
to require a misdemeanor or felony offender to perform supervised	670
community service work in accordance with division (B) of section	671
2951.02 of the Revised Code, or to place a felony offender under a	672
community control sanction.	673

(G)(1) If a court suspends an offender's driver's or	674
commercial driver's license or permit or nonresident operating	675
privilege under division (E)(5)(d) of this section, the period of	676
the suspension shall be consecutive to, and commence after, the	677
period of suspension of the offender's driver's or commercial	678
driver's license or permit or nonresident operating privilege that	679
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	680
Revised Code or under any other provision of law in relation to	681
the violation of division (C) of this section that is the basis of	682
the suspension under division (E)(5)(d) of this section or in	683
relation to the violation of division (A) of section 4511.19 of	684
the Revised Code that is the basis for that violation of division	685
(C) of this section.	686

(2) An offender is not entitled to request, and the court	687
shall not grant to the offender, limited driving privileges if the	688
offender's license, permit, or privilege has been suspended under	689
division (E)(5)(d) of this section and the offender, within the	690
preceding six years, has been convicted of or pleaded guilty to	691
three or more violations of one or more of the following:	692

(a) Division (C) of this section;

693

(b) Any equivalent offense, as defined in section 4511.181 of	694
the Revised Code.	695

(H)(1) If a person violates division (C) of this section and	696
if, at the time of the violation, there were two or more children	697
under eighteen years of age in the motor vehicle involved in the	698
violation, the offender may be convicted of a violation of	699
division (C) of this section for each of the children, but the	700
court may sentence the offender for only one of the violations.	701

(2)(a) If a person is convicted of or pleads guilty to a	702
violation of division (C) of this section but the person is not	703
also convicted of and does not also plead guilty to a separate	704
charge charging the violation of division (A) of section 4511.19	705
of the Revised Code that was the basis of the charge of the	706
violation of division (C) of this section, both of the following	707
apply:	708

(i) For purposes of the provisions of section 4511.19 of the	709
Revised Code that set forth the penalties and sanctions for a	710
violation of division (A) of section 4511.19 of the Revised Code,	711
the conviction of or plea of guilty to the violation of division	712
(C) of this section shall not constitute a violation of division	713
(A) of section 4511.19 of the Revised Code;	714

(ii) For purposes of any provision of law that refers to a	715
conviction of or plea of guilty to a violation of division (A) of	716
section 4511.19 of the Revised Code and that is not described in	717
division (H)(2)(a)(i) of this section, the conviction of or plea	718
of guilty to the violation of division (C) of this section shall	719
constitute a conviction of or plea of guilty to a violation of	720
division (A) of section 4511.19 of the Revised Code.	721

(b) If a person is convicted of or pleads guilty to a	722
violation of division (C) of this section and the person also is	723
convicted of or pleads guilty to a separate charge charging the	724
violation of division (A) of section 4511.19 of the Revised Code	725
that was the basis of the charge of the violation of division (C)	726
of this section, the conviction of or plea of guilty to the	727
violation of division (C) of this section shall not constitute,	728
for purposes of any provision of law that refers to a conviction	729
of or plea of guilty to a violation of division (A) of section	730
4511.19 of the Revised Code, a conviction of or plea of guilty to	731
a violation of division (A) of section 4511.19 of the Revised	732
Code.	733

(I) As used in this section:

734

(1) "Community control sanction" has the same meaning as in	735
section 2929.01 of the Revised Code;	736

(2) "Limited driving privileges" has the same meaning as in	737
section 4501.01 of the Revised Code;	738

(3) "Methamphetamine" has the same meaning as in section	739
2925.01 of the Revised Code.	740

Sec. 2925.01.  As used in this chapter:

741

(A) "Administer," "controlled substance," "dispense,"	742
"distribute," "hypodermic," "manufacturer," "official written	743
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	744
"schedule II," "schedule III," "schedule IV," "schedule V," and	745
"wholesaler" have the same meanings as in section 3719.01 of the	746
Revised Code.	747

(B) "Drug dependent person" and "drug of abuse" have the same	748
meanings as in section 3719.011 of the Revised Code.	749

(C) "Drug," "dangerous drug," "licensed health professional	750
authorized to prescribe drugs," and "prescription" have the same	751
meanings as in section 4729.01 of the Revised Code.	752

(D) "Bulk amount" of a controlled substance means any of the	753
following:	754

(1) For any compound, mixture, preparation, or substance	755
included in schedule I, schedule II, or schedule III, with the	756
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	757
except as provided in division (D)(2) or (5) of this section,	758
whichever of the following is applicable:	759

(a) An amount equal to or exceeding ten grams or twenty-five	760
unit doses of a compound, mixture, preparation, or substance that	761
is or contains any amount of a schedule I opiate or opium	762
derivative;	763

(b) An amount equal to or exceeding ten grams of a compound,	764
mixture, preparation, or substance that is or contains any amount	765
of raw or gum opium;	766

(c) An amount equal to or exceeding thirty grams or ten unit	767
doses of a compound, mixture, preparation, or substance that is or	768
contains any amount of a schedule I hallucinogen other than	769
tetrahydrocannabinol or lysergic acid amide, or a schedule I	770
stimulant or depressant;	771

(d) An amount equal to or exceeding twenty grams or five	772
times the maximum daily dose in the usual dose range specified in	773
a standard pharmaceutical reference manual of a compound, mixture,	774
preparation, or substance that is or contains any amount of a	775
schedule II opiate or opium derivative;	776

(e) An amount equal to or exceeding five grams or ten unit	777
doses of a compound, mixture, preparation, or substance that is or	778
contains any amount of phencyclidine;	779

(f) An amount equal to or exceeding one hundred twenty grams	780
or thirty times the maximum daily dose in the usual dose range	781
specified in a standard pharmaceutical reference manual of a	782
compound, mixture, preparation, or substance that is or contains	783
any amount of a schedule II stimulant that is in a final dosage	784
form manufactured by a person authorized by the "Federal Food,	785
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	786
amended, and the federal drug abuse control laws, as defined in	787
section 3719.01 of the Revised Code, that is or contains any	788
amount of a schedule II depressant substance or a schedule II	789
hallucinogenic substance;	790

(g) An amount equal to or exceeding three grams of a	791
compound, mixture, preparation, or substance that is or contains	792
any amount of a schedule II stimulant, or any of its salts or	793
isomers, that is not in a final dosage form manufactured by a	794
person authorized by the Federal Food, Drug, and Cosmetic Act and	795
the federal drug abuse control laws.	796

(2) An amount equal to or exceeding one hundred twenty grams	797
or thirty times the maximum daily dose in the usual dose range	798
specified in a standard pharmaceutical reference manual of a	799
compound, mixture, preparation, or substance that is or contains	800
any amount of a schedule III or IV substance other than an	801
anabolic steroid or a schedule III opiate or opium derivative;	802

(3) An amount equal to or exceeding twenty grams or five	803
times the maximum daily dose in the usual dose range specified in	804
a standard pharmaceutical reference manual of a compound, mixture,	805
preparation, or substance that is or contains any amount of a	806
schedule III opiate or opium derivative;	807

(4) An amount equal to or exceeding two hundred fifty	808
milliliters or two hundred fifty grams of a compound, mixture,	809
preparation, or substance that is or contains any amount of a	810
schedule V substance;	811

(5) An amount equal to or exceeding two hundred solid dosage	812
units, sixteen grams, or sixteen milliliters of a compound,	813
mixture, preparation, or substance that is or contains any amount	814
of a schedule III anabolic steroid.	815

(E) "Unit dose" means an amount or unit of a compound,	816
mixture, or preparation containing a controlled substance that is	817
separately identifiable and in a form that indicates that it is	818
the amount or unit by which the controlled substance is separately	819
administered to or taken by an individual.	820

(F) "Cultivate" includes planting, watering, fertilizing, or	821
tilling.	822

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

823

(1) A violation of division (A) of section 2913.02 that	824
constitutes theft of drugs, or a violation of section 2925.02,	825
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	826
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	827
2925.37 of the Revised Code;	828

(2) A violation of an existing or former law of this or any	829
other state or of the United States that is substantially	830
equivalent to any section listed in division (G)(1) of this	831
section;	832

(3) An offense under an existing or former law of this or any	833
other state, or of the United States, of which planting,	834
cultivating, harvesting, processing, making, manufacturing,	835
producing, shipping, transporting, delivering, acquiring,	836
possessing, storing, distributing, dispensing, selling, inducing	837
another to use, administering to another, using, or otherwise	838
dealing with a controlled substance is an element;	839

(4) A conspiracy to commit, attempt to commit, or complicity	840
in committing or attempting to commit any offense under division	841
(G)(1), (2), or (3) of this section.	842

(H) "Felony drug abuse offense" means any drug abuse offense	843
that would constitute a felony under the laws of this state, any	844
other state, or the United States.	845

(I) "Harmful intoxicant" does not include beer or	846
intoxicating liquor but means any of the following:	847

(1) Any compound, mixture, preparation, or substance the gas,	848
fumes, or vapor of which when inhaled can induce intoxication,	849
excitement, giddiness, irrational behavior, depression,	850
stupefaction, paralysis, unconsciousness, asphyxiation, or other	851
harmful physiological effects, and includes, but is not limited	852
to, any of the following:	853

(a) Any volatile organic solvent, plastic cement, model	854
cement, fingernail polish remover, lacquer thinner, cleaning	855
fluid, gasoline, or other preparation containing a volatile	856
organic solvent;	857

(b) Any aerosol propellant;

858

(c) Any fluorocarbon refrigerant;

859

(d) Any anesthetic gas.

860

(2) Gamma Butyrolactone;

861

(3) 1,4 Butanediol.

862

(J) "Manufacture" means to plant, cultivate, harvest,	863
process, make, prepare, or otherwise engage in any part of the	864
production of a drug, by propagation, extraction, chemical	865
synthesis, or compounding, or any combination of the same, and	866
includes packaging, repackaging, labeling, and other activities	867
incident to production.	868

(K) "Possess" or "possession" means having control over a	869
thing or substance, but may not be inferred solely from mere	870
access to the thing or substance through ownership or occupation	871
of the premises upon which the thing or substance is found.	872

(L) "Sample drug" means a drug or pharmaceutical preparation	873
that would be hazardous to health or safety if used without the	874
supervision of a licensed health professional authorized to	875
prescribe drugs, or a drug of abuse, and that, at one time, had	876
been placed in a container plainly marked as a sample by a	877
manufacturer.	878

(M) "Standard pharmaceutical reference manual" means the	879
current edition, with cumulative changes if any, of any of the	880
following reference works:	881

(1) "The National Formulary";

882

(2) "The United States Pharmacopeia," prepared by authority	883
of the United States Pharmacopeial Convention, Inc.;	884

(3) Other standard references that are approved by the state	885
board of pharmacy.	886

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

887

(O) "Counterfeit controlled substance" means any of the	888
following:	889

(1) Any drug that bears, or whose container or label bears, a	890
trademark, trade name, or other identifying mark used without	891
authorization of the owner of rights to that trademark, trade	892
name, or identifying mark;	893

(2) Any unmarked or unlabeled substance that is represented	894
to be a controlled substance manufactured, processed, packed, or	895
distributed by a person other than the person that manufactured,	896
processed, packed, or distributed it;	897

(3) Any substance that is represented to be a controlled	898
substance but is not a controlled substance or is a different	899
controlled substance;	900

(4) Any substance other than a controlled substance that a	901
reasonable person would believe to be a controlled substance	902
because of its similarity in shape, size, and color, or its	903
markings, labeling, packaging, distribution, or the price for	904
which it is sold or offered for sale.	905

(P) An offense is "committed in the vicinity of a school" if	906
the offender commits the offense on school premises, in a school	907
building, or within one thousand feet of the boundaries of any	908
school premises, regardless of whether the offender knows the	909
offense is being committed on school premises, in a school	910
building, or within one thousand feet of the boundaries of any	911
school premises.	912

(Q) "School" means any school operated by a board of	913
education, any community school established under Chapter 3314. of	914
the Revised Code, or any nonpublic school for which the state	915
board of education prescribes minimum standards under section	916
3301.07 of the Revised Code, whether or not any instruction,	917
extracurricular activities, or training provided by the school is	918
being conducted at the time a criminal offense is committed.	919

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

920

(1) The parcel of real property on which any school is	921
situated, whether or not any instruction, extracurricular	922
activities, or training provided by the school is being conducted	923
on the premises at the time a criminal offense is committed;	924

(2) Any other parcel of real property that is owned or leased	925
by a board of education of a school, the governing authority of a	926
community school established under Chapter 3314. of the Revised	927
Code, or the governing body of a nonpublic school for which the	928
state board of education prescribes minimum standards under	929
section 3301.07 of the Revised Code and on which some of the	930
instruction, extracurricular activities, or training of the school	931
is conducted, whether or not any instruction, extracurricular	932
activities, or training provided by the school is being conducted	933
on the parcel of real property at the time a criminal offense is	934
committed.	935

(S) "School building" means any building in which any of the	936
instruction, extracurricular activities, or training provided by a	937
school is conducted, whether or not any instruction,	938
extracurricular activities, or training provided by the school is	939
being conducted in the school building at the time a criminal	940
offense is committed.	941

(T) "Disciplinary counsel" means the disciplinary counsel	942
appointed by the board of commissioners on grievances and	943
discipline of the supreme court under the Rules for the Government	944
of the Bar of Ohio.	945

(U) "Certified grievance committee" means a duly constituted	946
and organized committee of the Ohio state bar association or of	947
one or more local bar associations of the state of Ohio that	948
complies with the criteria set forth in Rule V, section 6 of the	949
Rules for the Government of the Bar of Ohio.	950

(V) "Professional license" means any license, permit,	951
certificate, registration, qualification, admission, temporary	952
license, temporary permit, temporary certificate, or temporary	953
registration that is described in divisions (W)(1) to (36) of this	954
section and that qualifies a person as a professionally licensed	955
person.	956

(W) "Professionally licensed person" means any of the	957
following:	958

(1) A person who has obtained a license as a manufacturer of	959
controlled substances or a wholesaler of controlled substances	960
under Chapter 3719. of the Revised Code;	961

(2) A person who has received a certificate or temporary	962
certificate as a certified public accountant or who has registered	963
as a public accountant under Chapter 4701. of the Revised Code and	964
who holds an Ohio permit issued under that chapter;	965

(3) A person who holds a certificate of qualification to	966
practice architecture issued or renewed and registered under	967
Chapter 4703. of the Revised Code;	968

(4) A person who is registered as a landscape architect under	969
Chapter 4703. of the Revised Code or who holds a permit as a	970
landscape architect issued under that chapter;	971

(5) A person licensed under Chapter 4707. of the Revised	972
Code;	973

(6) A person who has been issued a certificate of	974
registration as a registered barber under Chapter 4709. of the	975
Revised Code;	976

(7) A person licensed and regulated to engage in the business	977
of a debt pooling company by a legislative authority, under	978
authority of Chapter 4710. of the Revised Code;	979

(8) A person who has been issued a cosmetologist's license,	980
hair designer's license, manicurist's license, esthetician's	981
license, natural hair stylist's license, managing cosmetologist's	982
license, managing hair designer's license, managing manicurist's	983
license, managing esthetician's license, managing natural hair	984
stylist's license, cosmetology instructor's license, hair design	985
instructor's license, manicurist instructor's license, esthetics	986
instructor's license, natural hair style instructor's license,	987
independent contractor's license, or tanning facility permit under	988
Chapter 4713. of the Revised Code;	989

(9) A person who has been issued a license to practice	990
dentistry, a general anesthesia permit, a conscious intravenous	991
sedation permit, a limited resident's license, a limited teaching	992
license, a dental hygienist's license, or a dental hygienist's	993
teacher's certificate under Chapter 4715. of the Revised Code;	994

(10) A person who has been issued an embalmer's license, a	995
funeral director's license, a funeral home license, or a crematory	996
license, or who has been registered for an embalmer's or funeral	997
director's apprenticeship under Chapter 4717. of the Revised Code;	998

(11) A person who has been licensed as a registered nurse or	999
practical nurse, or who has been issued a certificate for the	1000
practice of nurse-midwifery under Chapter 4723. of the Revised	1001
Code;	1002

(12) A person who has been licensed to practice optometry or	1003
to engage in optical dispensing under Chapter 4725. of the Revised	1004
Code;	1005

(13) A person licensed to act as a pawnbroker under Chapter	1006
4727. of the Revised Code;	1007

(14) A person licensed to act as a precious metals dealer	1008
under Chapter 4728. of the Revised Code;	1009

(15) A person licensed as a pharmacist, a pharmacy intern, a	1010
wholesale distributor of dangerous drugs, or a terminal	1011
distributor of dangerous drugs under Chapter 4729. of the Revised	1012
Code;	1013

(16) A person who is authorized to practice as a physician	1014
assistant under Chapter 4730. of the Revised Code;	1015

(17) A person who has been issued a certificate to practice	1016
medicine and surgery, osteopathic medicine and surgery, a limited	1017
branch of medicine, or podiatry under Chapter 4731. of the Revised	1018
Code;	1019

(18) A person licensed as a psychologist or school	1020
psychologist under Chapter 4732. of the Revised Code;	1021

(19) A person registered to practice the profession of	1022
engineering or surveying under Chapter 4733. of the Revised Code;	1023

(20) A person who has been issued a license to practice	1024
chiropractic under Chapter 4734. of the Revised Code;	1025

(21) A person licensed to act as a real estate broker or real	1026
estate salesperson under Chapter 4735. of the Revised Code;	1027

(22) A person registered as a registered sanitarian under	1028
Chapter 4736. of the Revised Code;	1029

(23) A person licensed to operate or maintain a junkyard	1030
under Chapter 4737. of the Revised Code;	1031

(24) A person who has been issued a motor vehicle salvage	1032
dealer's license under Chapter 4738. of the Revised Code;	1033

(25) A person who has been licensed to act as a steam	1034
engineer under Chapter 4739. of the Revised Code;	1035

(26) A person who has been issued a license or temporary	1036
permit to practice veterinary medicine or any of its branches, or	1037
who is registered as a graduate animal technician under Chapter	1038
4741. of the Revised Code;	1039

(27) A person who has been issued a hearing aid dealer's or	1040
fitter's license or trainee permit under Chapter 4747. of the	1041
Revised Code;	1042

(28) A person who has been issued a class A, class B, or	1043
class C license or who has been registered as an investigator or	1044
security guard employee under Chapter 4749. of the Revised Code;	1045

(29) A person licensed and registered to practice as a	1046
nursing home administrator under Chapter 4751. of the Revised	1047
Code;	1048

(30) A person licensed to practice as a speech-language	1049
pathologist or audiologist under Chapter 4753. of the Revised	1050
Code;	1051

(31) A person issued a license as an occupational therapist	1052
or physical therapist under Chapter 4755. of the Revised Code;	1053

(32) A person who is licensed as a professional clinical	1054
counselor or professional counselor, licensed as a social worker	1055
or independent social worker, or registered as a social work	1056
assistant under Chapter 4757. of the Revised Code;	1057

(33) A person issued a license to practice dietetics under	1058
Chapter 4759. of the Revised Code;	1059

(34) A person who has been issued a license or limited permit	1060
to practice respiratory therapy under Chapter 4761. of the Revised	1061
Code;	1062

(35) A person who has been issued a real estate appraiser	1063
certificate under Chapter 4763. of the Revised Code;	1064

(36) A person who has been admitted to the bar by order of	1065
the supreme court in compliance with its prescribed and published	1066
rules.	1067

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

1068

(1) A cocaine salt, isomer, or derivative, a salt of a	1069
cocaine isomer or derivative, or the base form of cocaine;	1070

(2) Coca leaves or a salt, compound, derivative, or	1071
preparation of coca leaves, including ecgonine, a salt, isomer, or	1072
derivative of ecgonine, or a salt of an isomer or derivative of	1073
ecgonine;	1074

(3) A salt, compound, derivative, or preparation of a	1075
substance identified in division (X)(1) or (2) of this section	1076
that is chemically equivalent to or identical with any of those	1077
substances, except that the substances shall not include	1078
decocainized coca leaves or extraction of coca leaves if the	1079
extractions do not contain cocaine or ecgonine.	1080

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

1081

(Z) "Hashish" means the resin or a preparation of the resin	1082
contained in marihuana, whether in solid form or in a liquid	1083
concentrate, liquid extract, or liquid distillate form.	1084

(AA) "Marihuana" has the same meaning as in section 3719.01	1085
of the Revised Code, except that it does not include hashish.	1086

(BB) An offense is "committed in the vicinity of a juvenile"	1087
if the offender commits the offense within one hundred feet of a	1088
juvenile or within the view of a juvenile, regardless of whether	1089
the offender knows the age of the juvenile, whether the offender	1090
knows the offense is being committed within one hundred feet of or	1091
within view of the juvenile, or whether the juvenile actually	1092
views the commission of the offense.	1093

(CC) "Presumption for a prison term" or "presumption that a	1094
prison term shall be imposed" means a presumption, as described in	1095
division (D) of section 2929.13 of the Revised Code, that a prison	1096
term is a necessary sanction for a felony in order to comply with	1097
the purposes and principles of sentencing under section 2929.11 of	1098
the Revised Code.	1099

(DD) "Major drug offender" has the same meaning as in section	1100
2929.01 of the Revised Code.	1101

(EE) "Minor drug possession offense" means either of the	1102
following:	1103

(1) A violation of section 2925.11 of the Revised Code as it	1104
existed prior to July 1, 1996;	1105

(2) A violation of section 2925.11 of the Revised Code as it	1106
exists on and after July 1, 1996, that is a misdemeanor or a	1107
felony of the fifth degree.	1108

(FF) "Mandatory prison term" has the same meaning as in	1109
section 2929.01 of the Revised Code.	1110

(GG) "Crack cocaine" means a compound, mixture, preparation,	1111
or substance that is or contains any amount of cocaine that is	1112
analytically identified as the base form of cocaine or that is in	1113
a form that resembles rocks or pebbles generally intended for	1114
individual use.	1115

(HH) "Adulterate" means to cause a drug to be adulterated as	1116
described in section 3715.63 of the Revised Code.	1117

(II) "Public premises" means any hotel, restaurant, tavern,	1118
store, arena, hall, or other place of public accommodation,	1119
business, amusement, or resort.	1120

(JJ) "Methamphetamine" means methamphetamine, any salt,	1121
isomer, or salt of an isomer of methamphetamine, or any compound,	1122
mixture, preparation, or substance containing methamphetamine or	1123
any salt, isomer, or salt of an isomer of methamphetamine.	1124

Sec. 2925.04.  (A) No person shall knowingly cultivate	1125
marihuana or knowingly manufacture or otherwise engage in any part	1126
of the production of a controlled substance.	1127

(B) This section does not apply to any person listed in	1128
division (B)(1), (2), or (3) of section 2925.03 of the Revised	1129
Code to the extent and under the circumstances described in those	1130
divisions.	1131

(C)(1) Whoever commits a violation of division (A) of this	1132
section that involves any drug other than marihuana is guilty of	1133
illegal manufacture of drugs, and whoever commits a violation of	1134
division (A) of this section that involves marihuana is guilty of	1135
illegal cultivation of marihuana.	1136

(2) Except as otherwise provided in this division, if the	1137
drug involved in the violation of division (A) of this section is	1138
any compound, mixture, preparation, or substance included in	1139
schedule I or II, with the exception of methamphetamine or	1140
marihuana, illegal manufacture of drugs is a felony of the second	1141
degree, and, subject to division (E) of this section, the court	1142
shall impose as a mandatory prison term one of the prison terms	1143
prescribed for a felony of the second degree. If	1144

If the drug involved in the violation is any compound,	1145
mixture, preparation, or substance included in schedule I or II,	1146
with the exception of methamphetamine or marihuana, and if the	1147
offense was committed in the vicinity of a juvenile or in the	1148
vicinity of a school, illegal manufacture of drugs is a felony of	1149
the first degree, and, subject to division (E) of this section,	1150
the court shall impose as a mandatory prison term one of the	1151
prison terms prescribed for a felony of the first degree. If	1152

(3) If the drug involved in the violation of division (A) of	1153
this section is methamphetamine, any salt, isomer, or salt of an	1154
isomer of methamphetamine, or any compound, mixture, preparation,	1155
or substance containing methamphetamine or any salt, isomer, or	1156
salt of an isomer of methamphetamine and ifthe penalty for the	1157
violation shall be determined as follows:	1158

(a) Except as otherwise provided in division (C)(3)(b) of	1159
this section, if the drug involved in the violation is	1160
methamphetamine, illegal manufacture of drugs is a felony of the	1161
second degree, and, subject to division (E) of this section, the	1162
court shall impose a mandatory prison term on the offender	1163
determined in accordance with this division. Except as otherwise	1164
provided in this division, the court shall impose as a mandatory	1165
prison term one of the prison terms prescribed for a felony of the	1166
second degree that is not less than three years. If the offender	1167
previously has been convicted of or pleaded guilty to a violation	1168
of division (A) of this section, a violation of division (B)(6) of	1169
section 2919.22 of the Revised Code, or a violation of division	1170
(A) of section 2925.041 of the Revised Code, the court shall	1171
impose as a mandatory prison term one of the prison terms	1172
prescribed for a felony of the second degree that is not less than	1173
five years.	1174

(b) If the drug involved in the violation is methamphetamine	1175
and if the offense was committed in the vicinity of a juvenile, in	1176
the vicinity of a school, or on public premises, illegal	1177
manufacture of drugs is a felony of the first degree, and, subject	1178
to division (E) of this section, the court shall impose a	1179
mandatory prison term on the offender determined in accordance	1180
with this division. Except as otherwise provided in this division,	1181
the court shall impose as a mandatory prison term one of the	1182
prison terms prescribed for a felony of the first degree that is	1183
not less than four years. If the offender previously has been	1184
convicted of or pleaded guilty to a violation of division (A) of	1185
this section, a violation of division (B)(6) of section 2919.22 of	1186
the Revised Code, or a violation of division (A) of section	1187
2925.041 of the Revised Code, the court shall impose as a	1188
mandatory prison term one of the prison terms prescribed for a	1189
felony of the first degree that is not less than five years.	1190

(3)(4) If the drug involved in the violation of division (A)	1191
of this section is any compound, mixture, preparation, or	1192
substance included in schedule III, IV, or V, illegal manufacture	1193
of drugs is a felony of the third degree or, if the offense was	1194
committed in the vicinity of a school or in the vicinity of a	1195
juvenile, a felony of the second degree, and there is a	1196
presumption for a prison term for the offense.	1197

(4)(5) If the drug involved in the violation is marihuana,	1198
the penalty for the offense shall be determined as follows:	1199

(a) Except as otherwise provided in division (C)(4)(5)(b),	1200
(c), (d), (e), or (f) of this section, illegal cultivation of	1201
marihuana is a minor misdemeanor or, if the offense was committed	1202
in the vicinity of a school or in the vicinity of a juvenile, a	1203
misdemeanor of the fourth degree.	1204

(b) If the amount of marihuana involved equals or exceeds one	1205
hundred grams but is less than two hundred grams, illegal	1206
cultivation of marihuana is a misdemeanor of the fourth degree or,	1207
if the offense was committed in the vicinity of a school or in the	1208
vicinity of a juvenile, a misdemeanor of the third degree.	1209

(c) If the amount of marihuana involved equals or exceeds two	1210
hundred grams but is less than one thousand grams, illegal	1211
cultivation of marihuana is a felony of the fifth degree or, if	1212
the offense was committed in the vicinity of a school or in the	1213
vicinity of a juvenile, a felony of the fourth degree, and	1214
division (B) of section 2929.13 of the Revised Code applies in	1215
determining whether to impose a prison term on the offender.	1216

(d) If the amount of marihuana involved equals or exceeds one	1217
thousand grams but is less than five thousand grams, illegal	1218
cultivation of marihuana is a felony of the third degree or, if	1219
the offense was committed in the vicinity of a school or in the	1220
vicinity of a juvenile, a felony of the second degree, and	1221
division (C) of section 2929.13 of the Revised Code applies in	1222
determining whether to impose a prison term on the offender.	1223

(e) If the amount of marihuana involved equals or exceeds	1224
five thousand grams but is less than twenty thousand grams,	1225
illegal cultivation of marihuana is a felony of the third degree	1226
or, if the offense was committed in the vicinity of a school or in	1227
the vicinity of a juvenile, a felony of the second degree, and	1228
there is a presumption for a prison term for the offense.	1229

(f) Except as otherwise provided in this division, if the	1230
amount of marihuana involved equals or exceeds twenty thousand	1231
grams, illegal cultivation of marihuana is a felony of the second	1232
degree, and the court shall impose as a mandatory prison term the	1233
maximum prison term prescribed for a felony of the second degree.	1234
If the amount of the drug involved equals or exceeds twenty	1235
thousand grams and if the offense was committed in the vicinity of	1236
a school or in the vicinity of a juvenile, illegal cultivation of	1237
marihuana is a felony of the first degree, and the court shall	1238
impose as a mandatory prison term the maximum prison term	1239
prescribed for a felony of the first degree.	1240

(D) In addition to any prison term authorized or required by	1241
division (C) or (E) of this section and sections 2929.13 and	1242
2929.14 of the Revised Code and in addition to any other sanction	1243
imposed for the offense under this section or sections 2929.11 to	1244
2929.18 of the Revised Code, the court that sentences an offender	1245
who is convicted of or pleads guilty to a violation of division	1246
(A) of this section shall do all of the following that are	1247
applicable regarding the offender:	1248

(1) If the violation of division (A) of this section is a	1249
felony of the first, second, or third degree, the court shall	1250
impose upon the offender the mandatory fine specified for the	1251
offense under division (B)(1) of section 2929.18 of the Revised	1252
Code unless, as specified in that division, the court determines	1253
that the offender is indigent. The clerk of the court shall pay a	1254
mandatory fine or other fine imposed for a violation of this	1255
section pursuant to division (A) of section 2929.18 of the Revised	1256
Code in accordance with and subject to the requirements of	1257
division (F) of section 2925.03 of the Revised Code. The agency	1258
that receives the fine shall use the fine as specified in division	1259
(F) of section 2925.03 of the Revised Code. If a person is charged	1260
with a violation of this section that is a felony of the first,	1261
second, or third degree, posts bail, and forfeits the bail, the	1262
clerk shall pay the forfeited bail as if the forfeited bail were a	1263
fine imposed for a violation of this section.	1264

(2) The court shall suspend the offender's driver's or	1265
commercial driver's license or permit in accordance with division	1266
(G) of section 2925.03 of the Revised Code. If an offender's	1267
driver's or commercial driver's license or permit is suspended in	1268
accordance with that division, the offender may request	1269
termination of, and the court may terminate, the suspension in	1270
accordance with that division.	1271

(3) If the offender is a professionally licensed person, the	1272
court immediately shall comply with section 2925.38 of the Revised	1273
Code.	1274

(E) Notwithstanding the prison term otherwise authorized or	1275
required for the offense under division (C) of this section and	1276
sections 2929.13 and 2929.14 of the Revised Code, if the violation	1277
of division (A) of this section involves the sale, offer to sell,	1278
or possession of a schedule I or II controlled substance, with the	1279
exception of marihuana, and if the court imposing sentence upon	1280
the offender finds that the offender as a result of the violation	1281
is a major drug offender and is guilty of a specification of the	1282
type described in section 2941.1410 of the Revised Code, the	1283
court, in lieu of the prison term otherwise authorized or	1284
required, shall impose upon the offender the mandatory prison term	1285
specified in division (D)(3)(a) of section 2929.14 of the Revised	1286
Code and may impose an additional prison term under division	1287
(D)(3)(b) of that section.	1288

(F) It is an affirmative defense, as provided in section	1289
2901.05 of the Revised Code, to a charge under this section for a	1290
fifth degree felony violation of illegal cultivation of marihuana	1291
that the marihuana that gave rise to the charge is in an amount,	1292
is in a form, is prepared, compounded, or mixed with substances	1293
that are not controlled substances in a manner, or is possessed or	1294
cultivated under any other circumstances that indicate that the	1295
marihuana was solely for personal use.	1296

Notwithstanding any contrary provision of division (F) of	1297
this section, if, in accordance with section 2901.05 of the	1298
Revised Code, a person who is charged with a violation of illegal	1299
cultivation of marihuana that is a felony of the fifth degree	1300
sustains the burden of going forward with evidence of and	1301
establishes by a preponderance of the evidence the affirmative	1302
defense described in this division, the person may be prosecuted	1303
for and may be convicted of or plead guilty to a misdemeanor	1304
violation of illegal cultivation of marihuana.	1305

(G) Arrest or conviction for a minor misdemeanor violation of	1306
this section does not constitute a criminal record and need not be	1307
reported by the person so arrested or convicted in response to any	1308
inquiries about the person's criminal record, including any	1309
inquiries contained in an application for employment, a license,	1310
or any other right or privilege or made in connection with the	1311
person's appearance as a witness.	1312

Sec. 2925.041.  (A) No person shall knowingly assemble or	1313
possess one or more chemicals that may be used to manufacture a	1314
controlled substance in schedule I or II with the intent to	1315
manufacture a controlled substance in schedule I or II in	1316
violation of section 2925.04 of the Revised Code.	1317

(B) In a prosecution under this section, it is not necessary	1318
to allege or prove that the offender assembled or possessed all	1319
chemicals necessary to manufacture a controlled substance in	1320
schedule I or II. The assembly or possession of a single chemical	1321
that may be used in the manufacture of a controlled substance in	1322
schedule I or II, with the intent to manufacture a controlled	1323
substance in either schedule, is sufficient to violate this	1324
section.	1325

(C) Whoever violates this section is guilty of illegal	1326
assembly or possession of chemicals for the manufacture of drugs.	1327
Except as otherwise provided in this division, illegal assembly or	1328
possession of chemicals for the manufacture of drugs is a felony	1329
of the third degree, and, except as otherwise provided in division	1330
(C)(1) or (2) of this section, division (C) of section 2929.13 of	1331
the Revised Code applies in determining whether to impose a prison	1332
term on the offender. If the offense was committed in the vicinity	1333
of a juvenile or in the vicinity of a school, illegal assembly or	1334
possession of chemicals for the manufacture of drugs is a felony	1335
of the second degree, and, except as otherwise provided in	1336
division (C)(1) or (2) of this section, division (C) of section	1337
2929.13 of the Revised Code applies in determining whether to	1338
impose a prison term on the offender. If the chemical or chemicals	1339
assembled or possessed in violation of division (A) of this	1340
section may be used to manufacture methamphetamine, the court	1341
shall impose a mandatory prison term on the offender as follows:	1342

(1) If the violation of division (A) of this section is a	1343
felony of the third degree under division (C) of this section and	1344
the chemical or chemicals assembled or possessed in committing the	1345
violation may be used to manufacture methamphetamine, except as	1346
otherwise provided in this division, the court shall impose as a	1347
mandatory prison term one of the prison terms prescribed for a	1348
felony of the third degree that is not less than two years. If the	1349
violation of division (A) of this section is a felony of the third	1350
degree under division (C) of this section, if the chemical or	1351
chemicals assembled or possessed in committing the violation may	1352
be used to manufacture methamphetamine, and if the offender	1353
previously has been convicted of or pleaded guilty to a violation	1354
of division (A) of this section, a violation of division (B)(6) of	1355
section 2919.22 of the Revised Code, or a violation of division	1356
(A) of section 2925.04 of the Revised Code, the court shall impose	1357
as a mandatory prison term one of the prison terms prescribed for	1358
a felony of the third degree that is not less than five years.	1359

(2) If the violation of division (A) of this section is a	1360
felony of the second degree under division (C) of this section and	1361
the chemical or chemicals assembled or possessed in committing the	1362
violation may be used to manufacture methamphetamine, the court	1363
shall impose as a mandatory prison term one of the prison terms	1364
prescribed for a felony of the second degree that is not less than	1365
three years. If the violation of division (A) of this section is a	1366
felony of the second degree under division (C) of this section, if	1367
the chemical or chemicals assembled or possessed in committing the	1368
violation may be used to manufacture methamphetamine, and if the	1369
offender previously has been convicted of or pleaded guilty to a	1370
violation of division (A) of this section, a violation of division	1371
(B)(6) of section 2919.22 of the Revised Code, or a violation of	1372
division (A) of section 2925.04 of the Revised Code, the court	1373
shall impose as a mandatory prison term one of the prison terms	1374
prescribed for a felony of the second degree that is not less than	1375
five years.	1376

(D) In addition to any prison term authorized by division (C)	1377
of this section and sections 2929.13 and 2929.14 of the Revised	1378
Code and in addition to any other sanction imposed for the offense	1379
under this section or sections 2929.11 to 2929.18 of the Revised	1380
Code, the court that sentences an offender who is convicted of or	1381
pleads guilty to a violation of this section shall do all of the	1382
following that are applicable regarding the offender:	1383

(1) The court shall impose upon the offender the mandatory	1384
fine specified for the offense under division (B)(1) of section	1385
2929.18 of the Revised Code unless, as specified in that division,	1386
the court determines that the offender is indigent. The clerk of	1387
the court shall pay a mandatory fine or other fine imposed for a	1388
violation of this section under division (A) of section 2929.18 of	1389
the Revised Code in accordance with and subject to the	1390
requirements of division (F) of section 2925.03 of the Revised	1391
Code. The agency that receives the fine shall use the fine as	1392
specified in division (F) of section 2925.03 of the Revised Code.	1393
If a person charged with a violation of this section posts bail	1394
and forfeits the bail, the clerk shall pay the forfeited bail as	1395
if the forfeited bail were a fine imposed for a violation of this	1396
section.	1397

(2) The court shall revoke or suspend the offender's driver's	1398
or commercial driver's license or permit in accordance with	1399
division (G) of section 2925.03 of the Revised Code. If an	1400
offender's driver's or commercial driver's license or permit is	1401
revoked in accordance with that division, the offender may request	1402
termination of, and the court may terminate, the revocation in	1403
accordance with that division.	1404

(3) If the offender is a professionally licensed person or a	1405
person who has been admitted to the bar by order of the supreme	1406
court in compliance with its prescribed and published rules, the	1407
court shall comply with section 2925.38 of the Revised Code.	1408

Sec. 2925.14.  (A) As used in this section, "drug	1409
paraphernalia" means any equipment, product, or material of any	1410
kind that is used by the offender, intended by the offender for	1411
use, or designed for use, in propagating, cultivating, growing,	1412
harvesting, manufacturing, compounding, converting, producing,	1413
processing, preparing, testing, analyzing, packaging, repackaging,	1414
storing, containing, concealing, injecting, ingesting, inhaling,	1415
or otherwise introducing into the human body, a controlled	1416
substance in violation of this chapter. "Drug paraphernalia"	1417
includes, but is not limited to, any of the following equipment,	1418
products, or materials that are used by the offender, intended by	1419
the offender for use, or designed by the offender for use, in any	1420
of the following manners:	1421

(1) A kit for propagating, cultivating, growing, or	1422
harvesting any species of a plant that is a controlled substance	1423
or from which a controlled substance can be derived;	1424

(2) A kit for manufacturing, compounding, converting,	1425
producing, processing, or preparing a controlled substance;	1426

(3) Any object, instrument, or device for manufacturing,	1427
compounding, converting, producing, processing, or preparing	1428
methamphetamine or any salt, isomer, or salt of an isomer of	1429
methamphetamine;	1430

(4) An isomerization device for increasing the potency of any	1431
species of a plant that is a controlled substance;	1432

(5) Testing equipment for identifying, or analyzing the	1433
strength, effectiveness, or purity of, a controlled substance;	1434

(6) A scale or balance for weighing or measuring a controlled	1435
substance;	1436

(7) A diluent or adulterant, such as quinine hydrochloride,	1437
mannitol, mannite, dextrose, or lactose, for cutting a controlled	1438
substance;	1439

(8) A separation gin or sifter for removing twigs and seeds	1440
from, or otherwise cleaning or refining, marihuana;	1441

(9) A blender, bowl, container, spoon, or mixing device for	1442
compounding a controlled substance;	1443

(10) A capsule, balloon, envelope, or container for packaging	1444
small quantities of a controlled substance;	1445

(11) A container or device for storing or concealing a	1446
controlled substance;	1447

(12) A hypodermic syringe, needle, or instrument for	1448
parenterally injecting a controlled substance into the human body;	1449

(13) An object, instrument, or device for ingesting,	1450
inhaling, or otherwise introducing into the human body, marihuana,	1451
cocaine, hashish, or hashish oil, such as a metal, wooden,	1452
acrylic, glass, stone, plastic, or ceramic pipe, with or without a	1453
screen, permanent screen, hashish head, or punctured metal bowl;	1454
water pipe; carburetion tube or device; smoking or carburetion	1455
mask; roach clip or similar object used to hold burning material,	1456
such as a marihuana cigarette, that has become too small or too	1457
short to be held in the hand; miniature cocaine spoon, or cocaine	1458
vial; chamber pipe; carburetor pipe; electric pipe; air driver	1459
pipe; chillum; bong; or ice pipe or chiller.	1460

(B) In determining if any equipment, product, or material is	1461
drug paraphernalia, a court or law enforcement officer shall	1462
consider, in addition to other relevant factors, the following:	1463

(1) Any statement by the owner, or by anyone in control, of	1464
the equipment, product, or material, concerning its use;	1465

(2) The proximity in time or space of the equipment, product,	1466
or material, or of the act relating to the equipment, product, or	1467
material, to a violation of any provision of this chapter;	1468

(3) The proximity of the equipment, product, or material to	1469
any controlled substance;	1470

(4) The existence of any residue of a controlled substance on	1471
the equipment, product, or material;	1472

(5) Direct or circumstantial evidence of the intent of the	1473
owner, or of anyone in control, of the equipment, product, or	1474
material, to deliver it to any person whom the owner or person in	1475
control of the equipment, product, or material knows intends to	1476
use the object to facilitate a violation of any provision of this	1477
chapter. A finding that the owner, or anyone in control, of the	1478
equipment, product, or material, is not guilty of a violation of	1479
any other provision of this chapter does not prevent a finding	1480
that the equipment, product, or material was intended or designed	1481
by the offender for use as drug paraphernalia.	1482

(6) Any oral or written instruction provided with the	1483
equipment, product, or material concerning its use;	1484

(7) Any descriptive material accompanying the equipment,	1485
product, or material and explaining or depicting its use;	1486

(8) National or local advertising concerning the use of the	1487
equipment, product, or material;	1488

(9) The manner and circumstances in which the equipment,	1489
product, or material is displayed for sale;	1490

(10) Direct or circumstantial evidence of the ratio of the	1491
sales of the equipment, product, or material to the total sales of	1492
the business enterprise;	1493

(11) The existence and scope of legitimate uses of the	1494
equipment, product, or material in the community;	1495

(12) Expert testimony concerning the use of the equipment,	1496
product, or material.	1497

(C)(1) No person shall knowingly use, or possess with purpose	1498
to use, drug paraphernalia.	1499

(2) No person shall knowingly sell, or possess or manufacture	1500
with purpose to sell, drug paraphernalia, if the person knows or	1501
reasonably should know that the equipment, product, or material	1502
will be used as drug paraphernalia.	1503

(3) No person shall place an advertisement in any newspaper,	1504
magazine, handbill, or other publication that is published and	1505
printed and circulates primarily within this state, if the person	1506
knows that the purpose of the advertisement is to promote the	1507
illegal sale in this state of the equipment, product, or material	1508
that the offender intended or designed for use as drug	1509
paraphernalia.	1510

(D) This section does not apply to manufacturers, licensed	1511
health professionals authorized to prescribe drugs, pharmacists,	1512
owners of pharmacies, and other persons whose conduct is in	1513
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and	1514
4741. of the Revised Code. This section shall not be construed to	1515
prohibit the possession or use of a hypodermic as authorized by	1516
section 3719.172 of the Revised Code.	1517

(E) Notwithstanding sections 2933.42 and 2933.43 of the	1518
Revised Code, any drug paraphernalia that was used, possessed,	1519
sold, or manufactured in a violation of this section shall be	1520
seized, after a conviction for that violation shall be forfeited,	1521
and upon forfeiture shall be disposed of pursuant to division	1522
(D)(8) of section 2933.41 of the Revised Code.	1523

(F)(1) Whoever violates division (C)(1) of this section is	1524
guilty of illegal use or possession of drug paraphernalia, a	1525
misdemeanor of the fourth degree.	1526

(2) Except as provided in division (F)(3) of this section,	1527
whoever violates division (C)(2) of this section is guilty of	1528
dealing in drug paraphernalia, a misdemeanor of the second degree.	1529

(3) Whoever violates division (C)(2) of this section by	1530
selling drug paraphernalia to a juvenile is guilty of selling drug	1531
paraphernalia to juveniles, a misdemeanor of the first degree.	1532

(4) Whoever violates division (C)(3) of this section is	1533
guilty of illegal advertising of drug paraphernalia, a misdemeanor	1534
of the second degree.	1535

(G) In addition to any other sanction imposed upon an	1536
offender for a violation of this section, the court shall suspend	1537
for not less than six months or more than five years the	1538
offender's driver's or commercial driver's license or permit. If	1539
the offender is a professionally licensed person, in addition to	1540
any other sanction imposed for a violation of this section, the	1541
court immediately shall comply with section 2925.38 of the Revised	1542
Code.	1543

Sec. 2925.52. (A) If a person is charged with a violation of	1544
section 2925.041 of the Revised Code or with any violation of this	1545
chapter or Chapter 3719. of the Revised Code that is based on the	1546
possession of chemicals sufficient to produce methamphetamine, any	1547
salt, isomer, or salt of an isomer of methamphetamine, or any	1548
compound, mixture, preparation, or substance containing	1549
methamphetamine or any salt, isomer, or salt of an isomer of	1550
methamphetamine, the law enforcement agency that has custody of	1551
the chemicals may file a motion with the court in which the	1552
charges are pending requesting the court to order the chemicals	1553
destroyed in accordance with this division. If a law enforcement	1554
agency files a motion of that type with a court, the court may	1555
issue an order that requires the containers in which the chemicals	1556
are contained be photographed, orders the chemicals forfeited, and	1557
requires that the chemicals be destroyed.	1558

(B) If the court issues an order under division (A) of this	1559
section, the court may include in the order a requirement that the	1560
chemicals be sampled prior to their destruction and that the	1561
samples be preserved.	1562

Sec. 2927.30. (A) As used in sections 2927.30 to 2927.33 of	1563
the Revised Code:	1564

(1) "Consumer product" means any food or drink that is	1565
consumed or used by humans and any drug, including a drug that may	1566
be provided legally only pursuant to a prescription, that is	1567
intended to be consumed or used by humans.	1568

(2) "Drug," "licensed health professional authorized to	1569
prescribe drugs," "prescription," and "terminal distributor of	1570
dangerous drugs" have the same meanings as in section 4729.01 of	1571
the Revised Code.	1572

(3) "Pharmacist" means a person licensed under Chapter 4729.	1573
of the Revised Code to engage in the practice of pharmacy.	1574

(4) "Pseudoephedrine" means any material, compound, mixture,	1575
or preparation that contains any quantity of pseudoephedrine, any	1576
of its salts, optical isomers, or salts of optical isomers.	1577

(5) "Pseudoephedrine product" means a consumer product	1578
consisting of a single-ingredient preparation of pseudoephedrine	1579
in which pseudoephedrine is the active ingredient.	1580
"Pseudoephedrine product" does not include either of the	1581
following:	1582

(a) A consumer product containing pseudoephedrine that is in	1583
a liquid, liquid capsule, or gel capsule form;	1584

(b) A consumer product primarily intended for administration	1585
to children under twelve years of age, according to the label	1586
instructions, in solid dosage form, including chewable tablets,	1587
when individual dosage units do not exceed fifteen milligrams of	1588
pseudoephedrine.	1589

(6) "Retailer" means a place of business that offers consumer	1590
products for sale to the general public.	1591

(7) "Single-ingredient preparation" means a compound,	1592
mixture, preparation, or substance that contains a single active	1593
ingredient.	1594

(B)(1) No individual shall knowingly purchase, receive, or	1595
otherwise acquire more than nine grams of any pseudoephedrine	1596
product within a period of thirty consecutive days, unless	1597
dispensed by a pharmacist pursuant to a valid prescription issued	1598
by a licensed health care professional authorized to prescribe	1599
drugs.	1600

(2) It is not a violation of division (B)(1) of this section	1601
for an individual to receive or accept more than nine grams of any	1602
pseudoephedrine product within a period of thirty consecutive days	1603
if the individual is an employee of a retailer or terminal	1604
distributor of dangerous drugs, and the employee receives or	1605
accepts from the retailer or terminal distributor the	1606
pseudoephedrine product in a sealed container in connection with	1607
manufacturing, warehousing, placement, stocking, bagging, loading,	1608
or unloading of the product.	1609

(C)(1) No individual under eighteen years of age shall	1610
knowingly purchase, receive, or otherwise acquire a	1611
pseudoephedrine product, unless dispensed by a pharmacist pursuant	1612
to a valid prescription issued by a licensed health care	1613
professional authorized to prescribe drugs.	1614

(2) Division (C)(1) of this section does not apply under any	1615
of the following circumstances:	1616

(a) A licensed health professional authorized to prescribe	1617
drugs or a pharmacist dispenses, sells, or otherwise provides a	1618
pseudoephedrine product to an individual under eighteen years of	1619
age;	1620

(b) A parent or guardian of an individual under eighteen	1621
years of age provides a pseudoephedrine product to the individual;	1622

(c) A person, as authorized by the individual's parent or	1623
guardian, dispenses, sells, or otherwise provides a	1624
pseudoephedrine product to an individual under eighteen years of	1625
age;	1626

(d) An individual under eighteen years of age is an employee	1627
of a retailer or terminal distributor of dangerous drugs, and the	1628
employee receives or accepts from the retailer or terminal	1629
distributor a pseudoephedrine product in a sealed container in	1630
connection with manufacturing, warehousing, placement, stocking,	1631
bagging, loading, or unloading of the product.	1632

(D) No individual under eighteen years of age shall knowingly	1633
show or give false information concerning the individual's name,	1634
age, or other identification for the purpose of purchasing,	1635
receiving, or otherwise acquiring a pseudoephedrine product.	1636

(E) No individual shall knowingly fail to comply with the	1637
requirements of division (C)(3) of section 3715.05 of the Revised	1638
Code.	1639

(F) Whoever violates division (B) of this section is guilty	1640
of unlawful purchase of a pseudoephedrine product, a misdemeanor	1641
of the first degree.	1642

(G) Whoever violates division (C)(1) of this section is	1643
guilty of underage purchase of a pseudoephedrine product, a	1644
delinquent act that would be a misdemeanor of the fourth degree if	1645
it could be committed by an adult.	1646

(H) Whoever violates division (D) of this section is guilty	1647
of using false information to purchase a pseudoephedrine product,	1648
a delinquent act that would be a misdemeanor of the first degree	1649
if it could be committed by an adult.	1650

(I) Whoever violates division (E) of this section is guilty	1651
of improper purchase of a pseudoephedrine product, a misdemeanor	1652
of the fourth degree.	1653

Sec. 2927.31. (A)(1) Except as provided in division (A)(2) of	1654
this section, no retailer or terminal distributor of dangerous	1655
drugs or an employee of a retailer or terminal distributor of	1656
dangerous drugs shall knowingly sell, offer to sell, hold for	1657
sale, deliver, or otherwise provide to any individual within a	1658
period of thirty consecutive days an amount of pseudoephedrine	1659
product that is greater than nine grams.	1660

(2) Division (A)(1) of this section does not apply to any	1661
quantity of pseudoephedrine product dispensed by a pharmacist	1662
pursuant to a valid prescription issued by a licensed health	1663
professional authorized to prescribe drugs.	1664

It is not a violation of division (A)(1) of this section for	1665
a retailer, terminal distributor of dangerous drugs, or employee	1666
of either to provide to an individual more than nine grams of any	1667
pseudoephedrine product within a period of thirty consecutive days	1668
if the individual is an employee of the retailer or terminal	1669
distributor of dangerous drugs, and the employee receives or	1670
accepts from the retailer, terminal distributor, or employee the	1671
pseudoephedrine product in a sealed container in connection with	1672
manufacturing, warehousing, placement, stocking, bagging, loading,	1673
or unloading of the product.	1674

(B)(1) Except as provided in division (B)(2) of this section,	1675
no retailer or terminal distributor of dangerous drugs or an	1676
employee of a retailer or terminal distributor of dangerous drugs	1677
shall sell, offer to sell, hold for sale, deliver, or otherwise	1678
provide a pseudoephedrine product to an individual who is under	1679
eighteen years of age.	1680

(2) Division (B)(1) of this section does not apply to any of	1681
the following:	1682

(a) A licensed health professional authorized to prescribe	1683
drugs or a pharmacist who dispenses, sells, or otherwise provides	1684
a pseudoephedrine product to an individual under eighteen years of	1685
age;	1686

(b) A parent or guardian of an individual under eighteen	1687
years of age who provides a pseudoephedrine product to the	1688
individual;	1689

(c) A person who, as authorized by the individual's parent or	1690
guardian, dispenses, sells, or otherwise provides a	1691
pseudoephedrine product to an individual under eighteen years of	1692
age;	1693

(d) The provision by a retailer, terminal distributor of	1694
dangerous drugs, or employee of either of a pseudoephedrine	1695
product in a sealed container to an employee of the retailer or	1696
terminal distributor who is under eighteen years of age in	1697
connection with manufacturing, warehousing, placement, stocking,	1698
bagging, loading, or unloading of the product.	1699

(C)(1) Subject to division (C)(2) of this section, no	1700
employee of a retailer or terminal distributor of dangerous drugs	1701
who is under eighteen years of age shall sell, offer to sell, hold	1702
for sale, deliver, or otherwise provide any pseudoephedrine	1703
product to any individual.	1704

(2) It is not a violation of division (C)(1) of this section	1705
for an employee of a retailer or terminal distributor who is under	1706
eighteen years of age to handle a pseudoephedrine product in a	1707
sealed container if the handling of the product is in connection	1708
with manufacturing, warehousing, placement, stocking, bagging,	1709
loading, or unloading of the product.	1710

(D) No retailer or terminal distributor of dangerous drugs	1711
shall fail to comply with the requirements of division (C)(2) of	1712
section 3715.05 of the Revised Code.	1713

(E) Whoever violates division (A)(1) of this section is	1714
guilty of unlawfully selling a pseudoephedrine product, a	1715
misdemeanor of the first degree.	1716

(F) Whoever violates division (B)(1) of this section is	1717
guilty of unlawfully selling a pseudoephedrine product to a minor,	1718
a misdemeanor of the fourth degree.	1719

(G) Whoever violates division (C) of this section is guilty	1720
of unlawfully selling a pseudoephedrine product as a minor, a	1721
delinquent act that would be a misdemeanor of the fourth degree if	1722
it could be committed by an adult.	1723

(H) Whoever violates division (D) of this section is guilty	1724
of improper sale of a pseudoephedrine product, a misdemeanor of	1725
the second degree.	1726

Sec. 2927.32. (A) As used in this section and section 2927.33	1727
of the Revised Code:	1728

(1) "Card holder" means any person who presents a driver's or	1729
commercial driver's license or an identification card to a seller,	1730
or an agent or employee of a seller, to purchase or receive any	1731
pseudoephedrine product from the seller, agent, or employee.	1732

(2) "Identification card" and "transaction scan device" have	1733
the same meanings as in section 2927.021 of the Revised Code.	1734

(3) "Seller" means a retailer or terminal distributor of	1735
dangerous drugs.	1736

(4) "Transaction scan" means the process by which a seller or	1737
an agent or employee of a seller checks by means of a transaction	1738
scan device the validity of a driver's or commercial driver's	1739
license or an identification card that is presented as a condition	1740
for purchasing or receiving any pseudoephedrine product.	1741

(B)(1) A seller or an agent or employee of a seller may	1742
perform a transaction scan by means of a transaction scan device	1743
to check the validity of a driver's or commercial driver's license	1744
or identification card presented by a card holder as a condition	1745
for selling, giving away, or otherwise distributing to the card	1746
holder a pseudoephedrine product.	1747

(2) If the information deciphered by the transaction scan	1748
performed under division (B)(1) of this section fails to match the	1749
information printed on the driver's or commercial driver's license	1750
or identification card presented by the card holder, or if the	1751
transaction scan indicates that the information so printed is	1752
false or fraudulent, neither the seller nor any agent or employee	1753
of the seller shall sell, give away, or otherwise distribute any	1754
pseudoephedrine product to the card holder.	1755

(3) Division (B)(1) of this section does not preclude a	1756
seller or an agent or employee of a seller as a condition for	1757
selling, giving away, or otherwise distributing a pseudoephedrine	1758
product to the person presenting the document from using a	1759
transaction scan device to check the validity of a document other	1760
than a driver's or commercial driver's license or an	1761
identification card if the document includes a bar code or	1762
magnetic strip that may be scanned by the device.	1763

(C) Rules adopted by the registrar of motor vehicles under	1764
division (C) of section 4301.61 of the Revised Code apply to the	1765
use of transaction scan devices for purposes of this section and	1766
section 2927.33 of the Revised Code.	1767

(D)(1) No seller or agent or employee of a seller shall	1768
electronically or mechanically record or maintain any information	1769
derived from a transaction scan, except the following:	1770

(a) The name and date of birth of the person listed on the	1771
driver's or commercial driver's license or identification card	1772
presented by a card holder;	1773

(b) The expiration date and identification number of the	1774
driver's or commercial driver's license or identification card	1775
presented by a card holder.	1776

(2) No seller or agent or employee of a seller shall use the	1777
information that is derived from a transaction scan or that is	1778
permitted to be recorded and maintained under division (D)(1) of	1779
this section except for purposes of section 2927.33 of the Revised	1780
Code.	1781

(3) No seller or agent or employee of a seller shall use a	1782
transaction scan device for a purpose other than the purpose	1783
specified in division (B)(1) of this section.	1784

(4) No seller or agent or employee of a seller shall sell or	1785
otherwise disseminate the information derived from a transaction	1786
scan to any third party, including, but not limited to, selling or	1787
otherwise disseminating that information for any marketing,	1788
advertising, or promotional activities, but a seller or agent or	1789
employee of a seller may release that information pursuant to a	1790
court order or as specifically authorized by section 2927.33 or	1791
another section of the Revised Code.	1792

(E) Nothing in this section or section 2927.33 of the Revised	1793
Code relieves a seller or an agent or employee of a seller of any	1794
responsibility to comply with any other applicable state or	1795
federal laws or rules governing the sale, giving away, or other	1796
distribution of pseudoephedrine products.	1797

(F) Whoever violates division (B)(2) or (D) of this section	1798
is guilty of engaging in an illegal pseudoephedrine product	1799
transaction scan, and the court may impose upon the offender a	1800
civil penalty of up to one thousand dollars for each violation.	1801
The clerk of the court shall pay each collected civil penalty to	1802
the county treasurer for deposit into the county treasury.	1803

Sec. 2927.33. (A) A seller or an agent or employee of a	1804
seller may not be found guilty of a charge of a violation of	1805
section 2927.31 of the Revised Code in which the age of the	1806
purchaser or other recipient of a pseudoephedrine product is an	1807
element of the alleged violation if the seller, agent, or employee	1808
raises and proves as an affirmative defense that all of the	1809
following occurred:	1810

(1) A card holder attempting to purchase or receive a	1811
pseudoephedrine product presented a driver's or commercial	1812
driver's license or an identification card.	1813

(2) A transaction scan of the driver's or commercial driver's	1814
license or identification card that the card holder presented	1815
indicated that the license or card was valid.	1816

(3) The pseudoephedrine product was sold, given away, or	1817
otherwise distributed to the card holder in reasonable reliance	1818
upon the identification presented and the completed transaction	1819
scan.	1820

(B) In determining whether a seller or an agent or employee	1821
of a seller has proven the affirmative defense provided by	1822
division (A) of this section, the trier of fact in the action for	1823
the alleged violation of section 2927.31 of the Revised Code shall	1824
consider any written policy that the seller has adopted and	1825
implemented and that is intended to prevent violations of section	1826
2927.31 of the Revised Code. For purposes of division (A)(3) of	1827
this section, the trier of fact shall consider that reasonable	1828
reliance upon the identification presented and the completed	1829
transaction scan may require a seller or an agent or employee of a	1830
seller to exercise reasonable diligence to determine, and that the	1831
use of a transaction scan device does not excuse a seller or an	1832
agent or employee of a seller from exercising reasonable diligence	1833
to determine, the following:	1834

(1) Whether a person to whom the seller or agent or employee	1835
of a seller sells, gives away, or otherwise distributes a	1836
pseudoephedrine product is eighteen years of age or older;	1837

(2) Whether the description and picture appearing on the	1838
driver's or commercial driver's license or identification card	1839
presented by a card holder is that of the card holder.	1840

(C) In any criminal action in which the affirmative defense	1841
provided by division (A) of this section is raised, the registrar	1842
of motor vehicles or a deputy registrar who issued an	1843
identification card under sections 4507.50 to 4507.52 of the	1844
Revised Code shall be permitted to submit certified copies of the	1845
records of that issuance in lieu of the testimony of the personnel	1846
of or contractors with the bureau of motor vehicles in the action.	1847

Sec. 2933.33.  (A) If a law enforcement officer has probable	1848
cause to believe that particular premises are used for the illegal	1849
manufacture of methamphetamine, for the purpose of conducting a	1850
search of the premises without a warrant, the risk of explosion or	1851
fire from the illegal manufacture of methamphetamine causing	1852
injury to the public constitutes exigent circumstances and	1853
reasonable grounds to believe that there is an immediate need to	1854
protect the lives, or property, of the officer and other	1855
individuals in the vicinity of the illegal manufacture.	1856

(B) As used in this section, "methamphetamine" has the same	1857
meaning as in section 2925.01 of the Revised Code.	1858

Sec. 3715.05. (A) As used in this section and section 3715.06	1859
of the Revised Code:	1860

(1) "Consumer product" means any food or drink that is	1861
consumed or used by humans and any drug, including a drug that may	1862
be provided legally only pursuant to a prescription, that is	1863
intended to be consumed or used by humans.	1864

(2) "Drug," "licensed health professional authorized to	1865
prescribe drugs," "pharmacy," "prescriber," "prescription," and	1866
"terminal distributor of dangerous drugs" have the same meanings	1867
as in section 4729.01 of the Revised Code.	1868

(3) "Pharmacist" means a person licensed under Chapter 4729.	1869
of the Revised Code to engage in the practice of pharmacy.	1870

(4) "Proof of age" means a driver's license, a commercial	1871
driver's license, a military identification card, a passport, or	1872
an identification card issued under sections 4507.50 to 4507.52 of	1873
the Revised Code that shows a person is eighteen years of age or	1874
older.	1875

(5) "Pseudoephedrine" means any material, compound, mixture,	1876
or preparation that contains any quantity of pseudoephedrine, any	1877
of its salts, optical isomers, or salts of optical isomers.	1878

(6) "Pseudoephedrine product" means a consumer product	1879
consisting of a single-ingredient preparation of pseudoephedrine	1880
in which pseudoephedrine is the active ingredient.	1881
"Pseudoephedrine product" does not include either of the	1882
following:	1883

(a) A consumer product containing pseudoephedrine that is in	1884
a liquid, liquid capsule, or gel capsule form;	1885

(b) A consumer product primarily intended for administration	1886
to children under twelve years of age, according to the label	1887
instructions, in solid dosage form, including chewable tablets,	1888
when individual dosage units do not exceed fifteen milligrams of	1889
pseudoephedrine.	1890

(7) "Retailer" means a place of business that offers consumer	1891
products for sale to the general public.	1892

(8) "Single-ingredient preparation" means a compound,	1893
mixture, preparation, or substance that contains a single active	1894
ingredient.	1895

(9) "Wholesaler" has the same meaning as in section 3719.01	1896
of the Revised Code.	1897

(B) A retailer or terminal distributor of dangerous drugs	1898
that sells, offers to sell, holds for sale, delivers, or otherwise	1899
provides a pseudoephedrine product to the public shall do all of	1900
the following:	1901

(1) Segregate pseudoephedrine products from other merchandise	1902
so that no member of the public may procure or purchase such	1903
products without the direct assistance of a pharmacist or other	1904
authorized employee of the retailer or terminal distributor;	1905

(2) With regard to each time a pseudoephedrine product is	1906
sold or otherwise provided:	1907

(a) Determine, by examination of a valid proof of age, that	1908
the purchaser or recipient is at least eighteen years of age;	1909

(b) Make a reasonable attempt to ensure that no individual	1910
purchases or receives more than nine grams of pseudoephedrine	1911
products within a period of thirty consecutive days;	1912

(3) Maintain a log book of pseudoephedrine product purchases,	1913
in accordance with division (C) of this section.	1914

(C)(1) As used in this division, "law enforcement official"	1915
means an officer or employee of any agency or authority of the	1916
United States, a state, a territory, a political division of a	1917
state or territory, or an Indian tribe, who is empowered by the	1918
law to investigate or conduct an official inquiry into a potential	1919
violation of law or prosecute or otherwise conduct a criminal,	1920
civil, or administrative proceeding arising from an alleged	1921
violation of law.	1922

(2) A retailer or terminal distributor of dangerous drugs	1923
that sells, offers to sell, holds for sale, delivers, or otherwise	1924
provides a pseudoephedrine product to the public shall maintain a	1925
log book of all purchases of pseudoephedrine products. The log	1926
book may be maintained in a tangible format, in an electronic	1927
format, or in both a tangible format and an electronic format. As	1928
part of this requirement, the retailer or terminal distributor	1929
shall do all of the following:	1930

(a) Require each purchaser to sign an entry in the log book	1931
that is maintained in the electronic or tangible format;	1932

(b) Determine whether the name signed in the entry in the log	1933
book corresponds with the name on a government-issued	1934
identification card;	1935

(c) Retain the log book in a tangible format, in an	1936
electronic format, or in both a tangible format and an electronic	1937
format for a minimum of one year after the date of the last	1938
purchase recorded in the log book;	1939

(d) Include in the log book in the manner described in	1940
division (C)(5) of this section or, in the alternative, post, in a	1941
conspicuous location, the following statement: "Ohio law prohibits	1942
the over-the-counter purchase within any period of thirty	1943
consecutive days of more than nine grams of any consumer product	1944
in which pseudoephedrine is the only active ingredient. If you	1945
purchase a consumer product in which pseudoephedrine is the only	1946
active ingredient, you are required to sign a log book that may be	1947
accessible to law enforcement officers and to provide a	1948
government-issued identification card to verify your identity.	1949
Except in limited circumstances, the purchase within any period of	1950
thirty consecutive days of more than nine grams of any consumer	1951
product in which pseudoephedrine is the only active ingredient,	1952
and the purchase by any individual under eighteen years of age of	1953
any consumer product in which pseudoephedrine is the only active	1954
ingredient, are subject to criminal prosecution or delinquency	1955
proceedings in accordance with Ohio law. Also, the provision of	1956
false information concerning an individual's name, age, or other	1957
identification for the purpose of acquiring any consumer product	1958
in which pseudoephedrine is the only active ingredient is subject	1959
to criminal prosecution or delinquency proceedings in accordance	1960
with Ohio law."	1961

(3) Each purchaser of a pseudoephedrine product shall do all	1962
of the following:	1963

(a) Sign and print the purchaser's name and address in the	1964
log book;	1965

(b) Provide a government-issued identification card to the	1966
retailer or terminal distributor to verify the purchaser's	1967
identity;	1968

(4) Information contained in the log book may not be used or	1969
disclosed except in the following circumstances:	1970

(a) In response to a court order or subpoena;

1971

(b) In response to a request from a law enforcement official	1972
to be used for law enforcement purposes.	1973

(5) If a retailer or terminal distributor of dangerous drugs	1974
chooses to include the statement set forth in division (C)(2)(d)	1975
of this section in the log book maintained under division (C)(2)	1976
of this section, the statement shall be set forth in the following	1977
manner:	1978

(a) If the log book is maintained in an electronic format,	1979
the statement shall be set forth in such a manner that it is	1980
presented on the viewing screen to each purchaser who is signing	1981
an entry in the log book before the purchaser may sign the entry.	1982

(b) If the log book is maintained in a tangible format, the	1983
statement shall be set forth on the cover of the log book and on	1984
each page of the log book.	1985

(D) Prescriptions, orders, and records maintained pursuant to	1986
this section and stocks of pseudoephedrine products shall be open	1987
for inspection to federal, state, county, and municipal officers,	1988
and employees of the state board of pharmacy whose duty it is to	1989
enforce the laws of this state or of the United States relating to	1990
controlled substances. Such prescriptions, orders, records, and	1991
stocks shall be open for inspection by the state medical board and	1992
its employees for purposes of enforcing Chapter 4731. of the	1993
Revised Code.	1994

Sec. 3715.06. (A) Each retailer, terminal distributor of	1995
dangerous drugs, pharmacy, prescriber, or wholesaler that sells,	1996
offers to sell, holds for sale, delivers, or otherwise provides	1997
any pseudoephedrine product and that discovers the theft or loss	1998
of any pseudoephedrine product in an amount of more than nine	1999
grams per incident of theft or loss shall notify all of the	2000
following upon discovery of the theft or loss:	2001

(1) The state board of pharmacy, by telephone immediately	2002
upon discovery of the theft or loss.	2003

(2) Law enforcement authorities. If the incident is a theft	2004
and the theft constitutes a felony, the retailer, terminal	2005
distributor of dangerous drugs, pharmacy, prescriber, or	2006
wholesaler shall report the theft to the law enforcement	2007
authorities in accordance with section 2921.22 of the Revised	2008
Code.	2009

(B) Within thirty days after making a report by telephone to	2010
the state board of pharmacy pursuant to division (A) of this	2011
section, a retailer, terminal distributor of dangerous drugs,	2012
pharmacy, prescriber, or wholesaler shall send a written report to	2013
the state board of pharmacy.	2014

(C) The reports required under this section shall identify	2015
the product that was stolen or lost, the amount of the product	2016
stolen or lost, and the date and time of discovery of the theft or	2017
loss.	2018

Sec. 4301.61.  (A) As used in this section and section	2019
4301.611 of the Revised Code:	2020

(1) "Card holder" means any person who presents a driver's or	2021
commercial driver's license or an identification card to a permit	2022
holder, or an agent or employee of a permit holder, for either of	2023
the purposes listed in division (A)(4)(a) or (b) of this section.	2024

(2) "Identification card" means an identification card issued	2025
under sections 4507.50 to 4507.52 of the Revised Code.	2026

(3) "Permit holder" means the holder of a permit issued under	2027
Chapter 4303. of the Revised Code.	2028

(4) "Transaction scan" means the process by which a permit	2029
holder or an agent or employee of a permit holder checks, by means	2030
of a transaction scan device, the validity of a driver's or	2031
commercial driver's license or an identification card that is	2032
presented as a condition for doing either of the following:	2033

(a) Purchasing any beer, intoxicating liquor, or low-alcohol	2034
beverage;	2035

(b) Gaining admission to a premises that has been issued a	2036
liquor permit authorizing the sale of beer or intoxicating liquor	2037
for consumption on the premises where sold, and where admission is	2038
restricted to persons twenty-one years of age or older.	2039

(5) "Transaction scan device" means any commercial device or	2040
combination of devices used at a point of sale that is capable of	2041
deciphering in an electronically readable format the information	2042
encoded on the magnetic strip or bar code of a driver's or	2043
commercial driver's license or an identification card.	2044

(B)(1) A permit holder or an agent or employee of a permit	2045
holder may perform a transaction scan by means of a transaction	2046
scan device to check the validity of a driver's or commercial	2047
driver's license or identification card presented by a card holder	2048
for either of the purposes listed in division (A)(4)(a) or (b) of	2049
this section.	2050

(2) If the information deciphered by the transaction scan	2051
performed under division (B)(1) of this section fails to match the	2052
information printed on the driver's or commercial driver's license	2053
or identification card presented by the card holder, or if the	2054
transaction scan indicates that the information so printed is	2055
false or fraudulent, neither the permit holder nor any agent or	2056
employee of the permit holder shall sell any beer, intoxicating	2057
liquor, or low-alcohol beverage to the card holder.	2058

(3) Division (B)(1) of this section does not preclude a	2059
permit holder or an agent or employee of a permit holder from	2060
using a transaction scan device to check the validity of a	2061
document other than a driver's or commercial driver's license or	2062
an identification card, if the document includes a bar code or	2063
magnetic strip that may be scanned by the device, as a condition	2064
of a sale of beer, intoxicating liquor, or a low-alcohol beverage	2065
or of granting admission to a premises described in division	2066
(A)(4) of this section.	2067

(C) The registrar of motor vehicles, with the approval of the	2068
liquor control commission, shall adopt, and may amend or rescind,	2069
rules in accordance with Chapter 119. of the Revised Code that do	2070
both of the following:	2071

(1) Govern the recording and maintenance of information	2072
described in divisions (D)(1)(a) and (b) of this section and,	2073
divisions (D)(1)(a) and (b) of section 2927.021 of the Revised	2074
Code, and divisions (D)(1)(a) and (b) of section 2927.32 of the	2075
Revised Code;	2076

(2) Ensure quality control in the use of transaction scan	2077
devices under this section and sections 2927.021, 2927.022,	2078
2927.32, 2927.33, and 4301.611 of the Revised Code.	2079

(D)(1) No permit holder or agent or employee of a permit	2080
holder shall electronically or mechanically record or maintain any	2081
information derived from a transaction scan, except the following:	2082

(a) The name and date of birth of the person listed on the	2083
driver's or commercial driver's license or identification card	2084
presented by a card holder;	2085

(b) The expiration date and identification number of the	2086
driver's or commercial driver's license or identification card	2087
presented by a card holder.	2088

(2) No permit holder or agent or employee of a permit holder	2089
shall use the information that is derived from a transaction scan	2090
or that is permitted to be recorded and maintained by division	2091
(D)(1) of this section, except for purposes of section 4301.611 of	2092
the Revised Code.	2093

(3) No permit holder or agent or employee of a permit holder	2094
shall use a transaction scan device for a purpose other than a	2095
purpose listed in division (A)(4)(a) or (b) of this section.	2096

(4) No permit holder or agent or employee of a permit holder	2097
shall sell or otherwise disseminate the information derived from a	2098
transaction scan to any third party, including, but not limited	2099
to, selling or otherwise disseminating that information for any	2100
marketing, advertising, or promotional activities, but a permit	2101
holder or agent or employee of a permit holder may release that	2102
information pursuant to a court order or as specifically	2103
authorized by section 4301.611 or another section of the Revised	2104
Code.	2105

(E) Nothing in this section or section 4301.611 of the	2106
Revised Code relieves a permit holder or an agent or employee of a	2107
permit holder of any responsibility to comply with any other	2108
applicable state or federal laws or rules governing the sale of	2109
beer, intoxicating liquor, or low-alcohol beverages.	2110

(F) Whoever violates division (B)(2) or (D) of this section	2111
is guilty of an illegal liquor transaction scan, and the court may	2112
impose upon the offender a civil penalty of up to one thousand	2113
dollars for each violation. The clerk of the court shall pay each	2114
collected civil penalty to the county treasurer for deposit into	2115
the county treasury.	2116

Section 2. That existing sections 109.60, 2151.022, 2152.02,	2117
2919.22, 2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61	2118
of the Revised Code are hereby repealed.	2119

Section 3.  Section 2151.022 of the Revised Code is presented	2120
in this act as a composite of the section as amended by both Am.	2121
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly. The	2122
General Assembly, applying the principle stated in division (B) of	2123
section 1.52 of the Revised Code that amendments are to be	2124
harmonized if reasonably capable of simultaneous operation, finds	2125
that the composite is the resulting version of the section in	2126
effect prior to the effective date of the section as presented in	2127
this act.	2128