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| To amend sections 2925.01, 2925.11, and 2925.22 of | 1 |
| the Revised Code to provide that the | 2 |
| prescription-related exemption from the drug | 3 |
| possession offenses applies only when the | 4 |
| controlled substance is obtained pursuant to a | 5 |
| lawful prescription and to modify the penalty for | 6 |
| "deception to obtain a dangerous drug" under | 7 |
| specified circumstances. | 8 |
| Section 1. That sections 2925.01, 2925.11, and 2925.22 of the | 9 |
| Revised Code be amended to read as follows: | 10 |
| Sec. 2925.01. As used in this chapter: | 11 |
| (A) "Administer," "controlled substance," "dispense," | 12 |
| "distribute," "hypodermic," "manufacturer," "official written | 13 |
| order," "person," "pharmacist," "pharmacy," "sale," "schedule I," | 14 |
| "schedule II," "schedule III," "schedule IV," "schedule V," and | 15 |
| "wholesaler" have the same meanings as in section 3719.01 of the | 16 |
| Revised Code. | 17 |
| (B) "Drug dependent person" and "drug of abuse" have the same | 18 |
| meanings as in section 3719.011 of the Revised Code. | 19 |
| (C) "Drug," "dangerous drug," "licensed health professional | 20 |
| authorized to prescribe drugs," and "prescription" have the same | 21 |
| meanings as in section 4729.01 of the Revised Code. | 22 |
| (D) "Bulk amount" of a controlled substance means any of the | 23 |
| following: | 24 |
| (1) For any compound, mixture, preparation, or substance | 25 |
| included in schedule I, schedule II, or schedule III, with the | 26 |
| exception of marihuana, cocaine, L.S.D., heroin, and hashish and | 27 |
| except as provided in division (D)(2) or (5) of this section, | 28 |
| whichever of the following is applicable: | 29 |
| (a) An amount equal to or exceeding ten grams or twenty-five | 30 |
| unit doses of a compound, mixture, preparation, or substance that | 31 |
| is or contains any amount of a schedule I opiate or opium | 32 |
| derivative; | 33 |
| (b) An amount equal to or exceeding ten grams of a compound, | 34 |
| mixture, preparation, or substance that is or contains any amount | 35 |
| of raw or gum opium; | 36 |
| (c) An amount equal to or exceeding thirty grams or ten unit | 37 |
| doses of a compound, mixture, preparation, or substance that is or | 38 |
| contains any amount of a schedule I hallucinogen other than | 39 |
| tetrahydrocannabinol or lysergic acid amide, or a schedule I | 40 |
| stimulant or depressant; | 41 |
| (d) An amount equal to or exceeding twenty grams or five | 42 |
| times the maximum daily dose in the usual dose range specified in | 43 |
| a standard pharmaceutical reference manual of a compound, mixture, | 44 |
| preparation, or substance that is or contains any amount of a | 45 |
| schedule II opiate or opium derivative; | 46 |
| (e) An amount equal to or exceeding five grams or ten unit | 47 |
| doses of a compound, mixture, preparation, or substance that is or | 48 |
| contains any amount of phencyclidine; | 49 |
| (f) An amount equal to or exceeding one hundred twenty grams | 50 |
| or thirty times the maximum daily dose in the usual dose range | 51 |
| specified in a standard pharmaceutical reference manual of a | 52 |
| compound, mixture, preparation, or substance that is or contains | 53 |
| any amount of a schedule II stimulant that is in a final dosage | 54 |
| form manufactured by a person authorized by the "Federal Food, | 55 |
| Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as | 56 |
| amended, and the federal drug abuse control laws, as defined in | 57 |
| section 3719.01 of the Revised Code, that is or contains any | 58 |
| amount of a schedule II depressant substance or a schedule II | 59 |
| hallucinogenic substance; | 60 |
| (g) An amount equal to or exceeding three grams of a | 61 |
| compound, mixture, preparation, or substance that is or contains | 62 |
| any amount of a schedule II stimulant, or any of its salts or | 63 |
| isomers, that is not in a final dosage form manufactured by a | 64 |
| person authorized by the Federal Food, Drug, and Cosmetic Act and | 65 |
| the federal drug abuse control laws. | 66 |
| (2) An amount equal to or exceeding one hundred twenty grams | 67 |
| or thirty times the maximum daily dose in the usual dose range | 68 |
| specified in a standard pharmaceutical reference manual of a | 69 |
| compound, mixture, preparation, or substance that is or contains | 70 |
| any amount of a schedule III or IV substance other than an | 71 |
| anabolic steroid or a schedule III opiate or opium derivative; | 72 |
| (3) An amount equal to or exceeding twenty grams or five | 73 |
| times the maximum daily dose in the usual dose range specified in | 74 |
| a standard pharmaceutical reference manual of a compound, mixture, | 75 |
| preparation, or substance that is or contains any amount of a | 76 |
| schedule III opiate or opium derivative; | 77 |
| (4) An amount equal to or exceeding two hundred fifty | 78 |
| milliliters or two hundred fifty grams of a compound, mixture, | 79 |
| preparation, or substance that is or contains any amount of a | 80 |
| schedule V substance; | 81 |
| (5) An amount equal to or exceeding two hundred solid dosage | 82 |
| units, sixteen grams, or sixteen milliliters of a compound, | 83 |
| mixture, preparation, or substance that is or contains any amount | 84 |
| of a schedule III anabolic steroid. | 85 |
| (E) "Unit dose" means an amount or unit of a compound, | 86 |
| mixture, or preparation containing a controlled substance that is | 87 |
| separately identifiable and in a form that indicates that it is | 88 |
| the amount or unit by which the controlled substance is separately | 89 |
| administered to or taken by an individual. | 90 |
| (F) "Cultivate" includes planting, watering, fertilizing, or | 91 |
| tilling. | 92 |
| (G) "Drug abuse offense" means any of the following: | 93 |
| (1) A violation of division (A) of section 2913.02 that | 94 |
| constitutes theft of drugs, or a violation of section 2925.02, | 95 |
| 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, | 96 |
| 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or | 97 |
| 2925.37 of the Revised Code; | 98 |
| (2) A violation of an existing or former law of this or any | 99 |
| other state or of the United States that is substantially | 100 |
| equivalent to any section listed in division (G)(1) of this | 101 |
| section; | 102 |
| (3) An offense under an existing or former law of this or any | 103 |
| other state, or of the United States, of which planting, | 104 |
| cultivating, harvesting, processing, making, manufacturing, | 105 |
| producing, shipping, transporting, delivering, acquiring, | 106 |
| possessing, storing, distributing, dispensing, selling, inducing | 107 |
| another to use, administering to another, using, or otherwise | 108 |
| dealing with a controlled substance is an element; | 109 |
| (4) A conspiracy to commit, attempt to commit, or complicity | 110 |
| in committing or attempting to commit any offense under division | 111 |
| (G)(1), (2), or (3) of this section. | 112 |
| (H) "Felony drug abuse offense" means any drug abuse offense | 113 |
| that would constitute a felony under the laws of this state, any | 114 |
| other state, or the United States. | 115 |
| (I) "Harmful intoxicant" does not include beer or | 116 |
| intoxicating liquor but means any of the following: | 117 |
| (1) Any compound, mixture, preparation, or substance the gas, | 118 |
| fumes, or vapor of which when inhaled can induce intoxication, | 119 |
| excitement, giddiness, irrational behavior, depression, | 120 |
| stupefaction, paralysis, unconsciousness, asphyxiation, or other | 121 |
| harmful physiological effects, and includes, but is not limited | 122 |
| to, any of the following: | 123 |
| (a) Any volatile organic solvent, plastic cement, model | 124 |
| cement, fingernail polish remover, lacquer thinner, cleaning | 125 |
| fluid, gasoline, or other preparation containing a volatile | 126 |
| organic solvent; | 127 |
| (b) Any aerosol propellant; | 128 |
| (c) Any fluorocarbon refrigerant; | 129 |
| (d) Any anesthetic gas. | 130 |
| (2) Gamma Butyrolactone; | 131 |
| (3) 1,4 Butanediol. | 132 |
| (J) "Manufacture" means to plant, cultivate, harvest, | 133 |
| process, make, prepare, or otherwise engage in any part of the | 134 |
| production of a drug, by propagation, extraction, chemical | 135 |
| synthesis, or compounding, or any combination of the same, and | 136 |
| includes packaging, repackaging, labeling, and other activities | 137 |
| incident to production. | 138 |
| (K) "Possess" or "possession" means having control over a | 139 |
| thing or substance, but may not be inferred solely from mere | 140 |
| access to the thing or substance through ownership or occupation | 141 |
| of the premises upon which the thing or substance is found. | 142 |
| (L) "Sample drug" means a drug or pharmaceutical preparation | 143 |
| that would be hazardous to health or safety if used without the | 144 |
| supervision of a licensed health professional authorized to | 145 |
| prescribe drugs, or a drug of abuse, and that, at one time, had | 146 |
| been placed in a container plainly marked as a sample by a | 147 |
| manufacturer. | 148 |
| (M) "Standard pharmaceutical reference manual" means the | 149 |
| current edition, with cumulative changes if any, of any of the | 150 |
| following reference works: | 151 |
| (1) "The National Formulary"; | 152 |
| (2) "The United States Pharmacopeia," prepared by authority | 153 |
| of the United States Pharmacopeial Convention, Inc.; | 154 |
| (3) Other standard references that are approved by the state | 155 |
| board of pharmacy. | 156 |
| (N) "Juvenile" means a person under eighteen years of age. | 157 |
| (O) "Counterfeit controlled substance" means any of the | 158 |
| following: | 159 |
| (1) Any drug that bears, or whose container or label bears, a | 160 |
| trademark, trade name, or other identifying mark used without | 161 |
| authorization of the owner of rights to that trademark, trade | 162 |
| name, or identifying mark; | 163 |
| (2) Any unmarked or unlabeled substance that is represented | 164 |
| to be a controlled substance manufactured, processed, packed, or | 165 |
| distributed by a person other than the person that manufactured, | 166 |
| processed, packed, or distributed it; | 167 |
| (3) Any substance that is represented to be a controlled | 168 |
| substance but is not a controlled substance or is a different | 169 |
| controlled substance; | 170 |
| (4) Any substance other than a controlled substance that a | 171 |
| reasonable person would believe to be a controlled substance | 172 |
| because of its similarity in shape, size, and color, or its | 173 |
| markings, labeling, packaging, distribution, or the price for | 174 |
| which it is sold or offered for sale. | 175 |
| (P) An offense is "committed in the vicinity of a school" if | 176 |
| the offender commits the offense on school premises, in a school | 177 |
| building, or within one thousand feet of the boundaries of any | 178 |
| school premises, regardless of whether the offender knows the | 179 |
| offense is being committed on school premises, in a school | 180 |
| building, or within one thousand feet of the boundaries of any | 181 |
| school premises. | 182 |
| (Q) "School" means any school operated by a board of | 183 |
| education, any community school established under Chapter 3314. of | 184 |
| the Revised Code, or any nonpublic school for which the state | 185 |
| board of education prescribes minimum standards under section | 186 |
| 3301.07 of the Revised Code, whether or not any instruction, | 187 |
| extracurricular activities, or training provided by the school is | 188 |
| being conducted at the time a criminal offense is committed. | 189 |
| (R) "School premises" means either of the following: | 190 |
| (1) The parcel of real property on which any school is | 191 |
| situated, whether or not any instruction, extracurricular | 192 |
| activities, or training provided by the school is being conducted | 193 |
| on the premises at the time a criminal offense is committed; | 194 |
| (2) Any other parcel of real property that is owned or leased | 195 |
| by a board of education of a school, the governing authority of a | 196 |
| community school established under Chapter 3314. of the Revised | 197 |
| Code, or the governing body of a nonpublic school for which the | 198 |
| state board of education prescribes minimum standards under | 199 |
| section 3301.07 of the Revised Code and on which some of the | 200 |
| instruction, extracurricular activities, or training of the school | 201 |
| is conducted, whether or not any instruction, extracurricular | 202 |
| activities, or training provided by the school is being conducted | 203 |
| on the parcel of real property at the time a criminal offense is | 204 |
| committed. | 205 |
| (S) "School building" means any building in which any of the | 206 |
| instruction, extracurricular activities, or training provided by a | 207 |
| school is conducted, whether or not any instruction, | 208 |
| extracurricular activities, or training provided by the school is | 209 |
| being conducted in the school building at the time a criminal | 210 |
| offense is committed. | 211 |
| (T) "Disciplinary counsel" means the disciplinary counsel | 212 |
| appointed by the board of commissioners on grievances and | 213 |
| discipline of the supreme court under the Rules for the Government | 214 |
| of the Bar of Ohio. | 215 |
| (U) "Certified grievance committee" means a duly constituted | 216 |
| and organized committee of the Ohio state bar association or of | 217 |
| one or more local bar associations of the state of Ohio that | 218 |
| complies with the criteria set forth in Rule V, section 6 of the | 219 |
| Rules for the Government of the Bar of Ohio. | 220 |
| (V) "Professional license" means any license, permit, | 221 |
| certificate, registration, qualification, admission, temporary | 222 |
| license, temporary permit, temporary certificate, or temporary | 223 |
| registration that is described in divisions (W)(1) to (36) of this | 224 |
| section and that qualifies a person as a professionally licensed | 225 |
| person. | 226 |
| (W) "Professionally licensed person" means any of the | 227 |
| following: | 228 |
| (1) A person who has obtained a license as a manufacturer of | 229 |
| controlled substances or a wholesaler of controlled substances | 230 |
| under Chapter 3719. of the Revised Code; | 231 |
| (2) A person who has received a certificate or temporary | 232 |
| certificate as a certified public accountant or who has registered | 233 |
| as a public accountant under Chapter 4701. of the Revised Code and | 234 |
| who holds an Ohio permit issued under that chapter; | 235 |
| (3) A person who holds a certificate of qualification to | 236 |
| practice architecture issued or renewed and registered under | 237 |
| Chapter 4703. of the Revised Code; | 238 |
| (4) A person who is registered as a landscape architect under | 239 |
| Chapter 4703. of the Revised Code or who holds a permit as a | 240 |
| landscape architect issued under that chapter; | 241 |
| (5) A person licensed under Chapter 4707. of the Revised | 242 |
| Code; | 243 |
| (6) A person who has been issued a certificate of | 244 |
| registration as a registered barber under Chapter 4709. of the | 245 |
| Revised Code; | 246 |
| (7) A person licensed and regulated to engage in the business | 247 |
| of a debt pooling company by a legislative authority, under | 248 |
| authority of Chapter 4710. of the Revised Code; | 249 |
| (8) A person who has been issued a cosmetologist's license, | 250 |
| hair designer's license, manicurist's license, esthetician's | 251 |
| license, natural hair stylist's license, managing cosmetologist's | 252 |
| license, managing hair designer's license, managing manicurist's | 253 |
| license, managing esthetician's license, managing natural hair | 254 |
| stylist's license, cosmetology instructor's license, hair design | 255 |
| instructor's license, manicurist instructor's license, esthetics | 256 |
| instructor's license, natural hair style instructor's license, | 257 |
| independent contractor's license, or tanning facility permit under | 258 |
| Chapter 4713. of the Revised Code; | 259 |
| (9) A person who has been issued a license to practice | 260 |
| dentistry, a general anesthesia permit, a conscious intravenous | 261 |
| sedation permit, a limited resident's license, a limited teaching | 262 |
| license, a dental hygienist's license, or a dental hygienist's | 263 |
| teacher's certificate under Chapter 4715. of the Revised Code; | 264 |
| (10) A person who has been issued an embalmer's license, a | 265 |
| funeral director's license, a funeral home license, or a crematory | 266 |
| license, or who has been registered for an embalmer's or funeral | 267 |
| director's apprenticeship under Chapter 4717. of the Revised Code; | 268 |
| (11) A person who has been licensed as a registered nurse or | 269 |
| practical nurse, or who has been issued a certificate for the | 270 |
| practice of nurse-midwifery under Chapter 4723. of the Revised | 271 |
| Code; | 272 |
| (12) A person who has been licensed to practice optometry or | 273 |
| to engage in optical dispensing under Chapter 4725. of the Revised | 274 |
| Code; | 275 |
| (13) A person licensed to act as a pawnbroker under Chapter | 276 |
| 4727. of the Revised Code; | 277 |
| (14) A person licensed to act as a precious metals dealer | 278 |
| under Chapter 4728. of the Revised Code; | 279 |
| (15) A person licensed as a pharmacist, a pharmacy intern, a | 280 |
| wholesale distributor of dangerous drugs, or a terminal | 281 |
| distributor of dangerous drugs under Chapter 4729. of the Revised | 282 |
| Code; | 283 |
| (16) A person who is authorized to practice as a physician | 284 |
| assistant under Chapter 4730. of the Revised Code; | 285 |
| (17) A person who has been issued a certificate to practice | 286 |
| medicine and surgery, osteopathic medicine and surgery, a limited | 287 |
| branch of medicine, or podiatry under Chapter 4731. of the Revised | 288 |
| Code; | 289 |
| (18) A person licensed as a psychologist or school | 290 |
| psychologist under Chapter 4732. of the Revised Code; | 291 |
| (19) A person registered to practice the profession of | 292 |
| engineering or surveying under Chapter 4733. of the Revised Code; | 293 |
| (20) A person who has been issued a license to practice | 294 |
| chiropractic under Chapter 4734. of the Revised Code; | 295 |
| (21) A person licensed to act as a real estate broker or real | 296 |
| estate salesperson under Chapter 4735. of the Revised Code; | 297 |
| (22) A person registered as a registered sanitarian under | 298 |
| Chapter 4736. of the Revised Code; | 299 |
| (23) A person licensed to operate or maintain a junkyard | 300 |
| under Chapter 4737. of the Revised Code; | 301 |
| (24) A person who has been issued a motor vehicle salvage | 302 |
| dealer's license under Chapter 4738. of the Revised Code; | 303 |
| (25) A person who has been licensed to act as a steam | 304 |
| engineer under Chapter 4739. of the Revised Code; | 305 |
| (26) A person who has been issued a license or temporary | 306 |
| permit to practice veterinary medicine or any of its branches, or | 307 |
| who is registered as a graduate animal technician under Chapter | 308 |
| 4741. of the Revised Code; | 309 |
| (27) A person who has been issued a hearing aid dealer's or | 310 |
| fitter's license or trainee permit under Chapter 4747. of the | 311 |
| Revised Code; | 312 |
| (28) A person who has been issued a class A, class B, or | 313 |
| class C license or who has been registered as an investigator or | 314 |
| security guard employee under Chapter 4749. of the Revised Code; | 315 |
| (29) A person licensed and registered to practice as a | 316 |
| nursing home administrator under Chapter 4751. of the Revised | 317 |
| Code; | 318 |
| (30) A person licensed to practice as a speech-language | 319 |
| pathologist or audiologist under Chapter 4753. of the Revised | 320 |
| Code; | 321 |
| (31) A person issued a license as an occupational therapist | 322 |
| or physical therapist under Chapter 4755. of the Revised Code; | 323 |
| (32) A person who is licensed as a professional clinical | 324 |
| counselor or professional counselor, licensed as a social worker | 325 |
| or independent social worker, or registered as a social work | 326 |
| assistant under Chapter 4757. of the Revised Code; | 327 |
| (33) A person issued a license to practice dietetics under | 328 |
| Chapter 4759. of the Revised Code; | 329 |
| (34) A person who has been issued a license or limited permit | 330 |
| to practice respiratory therapy under Chapter 4761. of the Revised | 331 |
| Code; | 332 |
| (35) A person who has been issued a real estate appraiser | 333 |
| certificate under Chapter 4763. of the Revised Code; | 334 |
| (36) A person who has been admitted to the bar by order of | 335 |
| the supreme court in compliance with its prescribed and published | 336 |
| rules. | 337 |
| (X) "Cocaine" means any of the following: | 338 |
| (1) A cocaine salt, isomer, or derivative, a salt of a | 339 |
| cocaine isomer or derivative, or the base form of cocaine; | 340 |
| (2) Coca leaves or a salt, compound, derivative, or | 341 |
| preparation of coca leaves, including ecgonine, a salt, isomer, or | 342 |
| derivative of ecgonine, or a salt of an isomer or derivative of | 343 |
| ecgonine; | 344 |
| (3) A salt, compound, derivative, or preparation of a | 345 |
| substance identified in division (X)(1) or (2) of this section | 346 |
| that is chemically equivalent to or identical with any of those | 347 |
| substances, except that the substances shall not include | 348 |
| decocainized coca leaves or extraction of coca leaves if the | 349 |
| extractions do not contain cocaine or ecgonine. | 350 |
| (Y) "L.S.D." means lysergic acid diethylamide. | 351 |
| (Z) "Hashish" means the resin or a preparation of the resin | 352 |
| contained in marihuana, whether in solid form or in a liquid | 353 |
| concentrate, liquid extract, or liquid distillate form. | 354 |
| (AA) "Marihuana" has the same meaning as in section 3719.01 | 355 |
| of the Revised Code, except that it does not include hashish. | 356 |
| (BB) An offense is "committed in the vicinity of a juvenile" | 357 |
| if the offender commits the offense within one hundred feet of a | 358 |
| juvenile or within the view of a juvenile, regardless of whether | 359 |
| the offender knows the age of the juvenile, whether the offender | 360 |
| knows the offense is being committed within one hundred feet of or | 361 |
| within view of the juvenile, or whether the juvenile actually | 362 |
| views the commission of the offense. | 363 |
| (CC) "Presumption for a prison term" or "presumption that a | 364 |
| prison term shall be imposed" means a presumption, as described in | 365 |
| division (D) of section 2929.13 of the Revised Code, that a prison | 366 |
| term is a necessary sanction for a felony in order to comply with | 367 |
| the purposes and principles of sentencing under section 2929.11 of | 368 |
| the Revised Code. | 369 |
| (DD) "Major drug offender" has the same meaning as in section | 370 |
| 2929.01 of the Revised Code. | 371 |
| (EE) "Minor drug possession offense" means either of the | 372 |
| following: | 373 |
| (1) A violation of section 2925.11 of the Revised Code as it | 374 |
| existed prior to July 1, 1996; | 375 |
| (2) A violation of section 2925.11 of the Revised Code as it | 376 |
| exists on and after July 1, 1996, that is a misdemeanor or a | 377 |
| felony of the fifth degree. | 378 |
| (FF) "Mandatory prison term" has the same meaning as in | 379 |
| section 2929.01 of the Revised Code. | 380 |
| (GG) "Crack cocaine" means a compound, mixture, preparation, | 381 |
| or substance that is or contains any amount of cocaine that is | 382 |
| analytically identified as the base form of cocaine or that is in | 383 |
| a form that resembles rocks or pebbles generally intended for | 384 |
| individual use. | 385 |
| (HH) "Adulterate" means to cause a drug to be adulterated as | 386 |
| described in section 3715.63 of the Revised Code. | 387 |
| (II) "Public premises" means any hotel, restaurant, tavern, | 388 |
| store, arena, hall, or other place of public accommodation, | 389 |
| business, amusement, or resort. | 390 |
| (JJ) "Methamphetamine" means methamphetamine, any salt, | 391 |
| isomer, or salt of an isomer of methamphetamine, or any compound, | 392 |
| mixture, preparation, or substance containing methamphetamine or | 393 |
| any salt, isomer, or salt of an isomer of methamphetamine. | 394 |
| (KK) "Lawful prescription" means a prescription that is | 395 |
| issued by a licensed health care practitioner authorized to | 396 |
| prescribe drugs, that is not altered or forged, and that was not | 397 |
| obtained by means of deception, as defined in section 2913.01 of | 398 |
| the Revised Code, or by theft in violation of section 2913.02 of | 399 |
| the Revised Code. | 400 |
| Sec. 2925.11. (A) No person shall knowingly obtain, possess, | 401 |
| or use a controlled substance. | 402 |
| (B) This section does not apply to any of the following: | 403 |
| (1) Manufacturers, licensed health professionals authorized | 404 |
| to prescribe drugs, pharmacists, owners of pharmacies, and other | 405 |
| persons whose conduct was in accordance with Chapters 3719., | 406 |
| 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code; | 407 |
| (2) If the offense involves an anabolic steroid, any person | 408 |
| who is conducting or participating in a research project involving | 409 |
| the use of an anabolic steroid if the project has been approved by | 410 |
| the United States food and drug administration; | 411 |
| (3) Any person who sells, offers for sale, prescribes, | 412 |
| dispenses, or administers for livestock or other nonhuman species | 413 |
| an anabolic steroid that is expressly intended for administration | 414 |
| through implants to livestock or other nonhuman species and | 415 |
| approved for that purpose under the "Federal Food, Drug, and | 416 |
| Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 417 |
| and is sold, offered for sale, prescribed, dispensed, or | 418 |
| administered for that purpose in accordance with that act; | 419 |
| (4) Any person who obtained the controlled substance pursuant | 420 |
| to a lawful prescription issued by a licensed health professional | 421 |
| authorized to prescribe drugs. | 422 |
| (C) Whoever violates division (A) of this section is guilty | 423 |
| of one of the following: | 424 |
| (1) If the drug involved in the violation is a compound, | 425 |
| mixture, preparation, or substance included in schedule I or II, | 426 |
| with the exception of marihuana, cocaine, L.S.D., heroin, and | 427 |
| hashish, whoever violates division (A) of this section is guilty | 428 |
| of aggravated possession of drugs. The penalty for the offense | 429 |
| shall be determined as follows: | 430 |
| (a) Except as otherwise provided in division (C)(1)(b), (c), | 431 |
| (d), or (e) of this section, aggravated possession of drugs is a | 432 |
| felony of the fifth degree, and division (B) of section 2929.13 of | 433 |
| the Revised Code applies in determining whether to impose a prison | 434 |
| term on the offender. | 435 |
| (b) If the amount of the drug involved equals or exceeds the | 436 |
| bulk amount but is less than five times the bulk amount, | 437 |
| aggravated possession of drugs is a felony of the third degree, | 438 |
| and there is a presumption for a prison term for the offense. | 439 |
| (c) If the amount of the drug involved equals or exceeds five | 440 |
| times the bulk amount but is less than fifty times the bulk | 441 |
| amount, aggravated possession of drugs is a felony of the second | 442 |
| degree, and the court shall impose as a mandatory prison term one | 443 |
| of the prison terms prescribed for a felony of the second degree. | 444 |
| (d) If the amount of the drug involved equals or exceeds | 445 |
| fifty times the bulk amount but is less than one hundred times the | 446 |
| bulk amount, aggravated possession of drugs is a felony of the | 447 |
| first degree, and the court shall impose as a mandatory prison | 448 |
| term one of the prison terms prescribed for a felony of the first | 449 |
| degree. | 450 |
| (e) If the amount of the drug involved equals or exceeds one | 451 |
| hundred times the bulk amount, aggravated possession of drugs is a | 452 |
| felony of the first degree, the offender is a major drug offender, | 453 |
| and the court shall impose as a mandatory prison term the maximum | 454 |
| prison term prescribed for a felony of the first degree and may | 455 |
| impose an additional mandatory prison term prescribed for a major | 456 |
| drug offender under division (D)(3)(b) of section 2929.14 of the | 457 |
| Revised Code. | 458 |
| (2) If the drug involved in the violation is a compound, | 459 |
| mixture, preparation, or substance included in schedule III, IV, | 460 |
| or V, whoever violates division (A) of this section is guilty of | 461 |
| possession of drugs. The penalty for the offense shall be | 462 |
| determined as follows: | 463 |
| (a) Except as otherwise provided in division (C)(2)(b), (c), | 464 |
| or (d) of this section, possession of drugs is a misdemeanor of | 465 |
| the third degree or, if the offender previously has been convicted | 466 |
| of a drug abuse offense, a misdemeanor of the second degree. If | 467 |
| the drug involved in the violation is an anabolic steroid included | 468 |
| in schedule III and if the offense is a misdemeanor of the third | 469 |
| degree under this division, in lieu of sentencing the offender to | 470 |
| a term of imprisonment in a detention facility, the court may | 471 |
| place the offender under a community control sanction, as defined | 472 |
| in section 2929.01 of the Revised Code, that requires the offender | 473 |
| to perform supervised community service work pursuant to division | 474 |
| (B) of section 2951.02 of the Revised Code. | 475 |
| (b) If the amount of the drug involved equals or exceeds the | 476 |
| bulk amount but is less than five times the bulk amount, | 477 |
| possession of drugs is a felony of the fourth degree, and division | 478 |
| (C) of section 2929.13 of the Revised Code applies in determining | 479 |
| whether to impose a prison term on the offender. | 480 |
| (c) If the amount of the drug involved equals or exceeds five | 481 |
| times the bulk amount but is less than fifty times the bulk | 482 |
| amount, possession of drugs is a felony of the third degree, and | 483 |
| there is a presumption for a prison term for the offense. | 484 |
| (d) If the amount of the drug involved equals or exceeds | 485 |
| fifty times the bulk amount, possession of drugs is a felony of | 486 |
| the second degree, and the court shall impose upon the offender as | 487 |
| a mandatory prison term one of the prison terms prescribed for a | 488 |
| felony of the second degree. | 489 |
| (3) If the drug involved in the violation is marihuana or a | 490 |
| compound, mixture, preparation, or substance containing marihuana | 491 |
| other than hashish, whoever violates division (A) of this section | 492 |
| is guilty of possession of marihuana. The penalty for the offense | 493 |
| shall be determined as follows: | 494 |
| (a) Except as otherwise provided in division (C)(3)(b), (c), | 495 |
| (d), (e), or (f) of this section, possession of marihuana is a | 496 |
| minor misdemeanor. | 497 |
| (b) If the amount of the drug involved equals or exceeds one | 498 |
| hundred grams but is less than two hundred grams, possession of | 499 |
| marihuana is a misdemeanor of the fourth degree. | 500 |
| (c) If the amount of the drug involved equals or exceeds two | 501 |
| hundred grams but is less than one thousand grams, possession of | 502 |
| marihuana is a felony of the fifth degree, and division (B) of | 503 |
| section 2929.13 of the Revised Code applies in determining whether | 504 |
| to impose a prison term on the offender. | 505 |
| (d) If the amount of the drug involved equals or exceeds one | 506 |
| thousand grams but is less than five thousand grams, possession of | 507 |
| marihuana is a felony of the third degree, and division (C) of | 508 |
| section 2929.13 of the Revised Code applies in determining whether | 509 |
| to impose a prison term on the offender. | 510 |
| (e) If the amount of the drug involved equals or exceeds five | 511 |
| thousand grams but is less than twenty thousand grams, possession | 512 |
| of marihuana is a felony of the third degree, and there is a | 513 |
| presumption that a prison term shall be imposed for the offense. | 514 |
| (f) If the amount of the drug involved equals or exceeds | 515 |
| twenty thousand grams, possession of marihuana is a felony of the | 516 |
| second degree, and the court shall impose as a mandatory prison | 517 |
| term the maximum prison term prescribed for a felony of the second | 518 |
| degree. | 519 |
| (4) If the drug involved in the violation is cocaine or a | 520 |
| compound, mixture, preparation, or substance containing cocaine, | 521 |
| whoever violates division (A) of this section is guilty of | 522 |
| possession of cocaine. The penalty for the offense shall be | 523 |
| determined as follows: | 524 |
| (a) Except as otherwise provided in division (C)(4)(b), (c), | 525 |
| (d), (e), or (f) of this section, possession of cocaine is a | 526 |
| felony of the fifth degree, and division (B) of section 2929.13 of | 527 |
| the Revised Code applies in determining whether to impose a prison | 528 |
| term on the offender. | 529 |
| (b) If the amount of the drug involved equals or exceeds five | 530 |
| grams but is less than twenty-five grams of cocaine that is not | 531 |
| crack cocaine or equals or exceeds one gram but is less than five | 532 |
| grams of crack cocaine, possession of cocaine is a felony of the | 533 |
| fourth degree, and there is a presumption for a prison term for | 534 |
| the offense. | 535 |
| (c) If the amount of the drug involved equals or exceeds | 536 |
| twenty-five grams but is less than one hundred grams of cocaine | 537 |
| that is not crack cocaine or equals or exceeds five grams but is | 538 |
| less than ten grams of crack cocaine, possession of cocaine is a | 539 |
| felony of the third degree, and the court shall impose as a | 540 |
| mandatory prison term one of the prison terms prescribed for a | 541 |
| felony of the third degree. | 542 |
| (d) If the amount of the drug involved equals or exceeds one | 543 |
| hundred grams but is less than five hundred grams of cocaine that | 544 |
| is not crack cocaine or equals or exceeds ten grams but is less | 545 |
| than twenty-five grams of crack cocaine, possession of cocaine is | 546 |
| a felony of the second degree, and the court shall impose as a | 547 |
| mandatory prison term one of the prison terms prescribed for a | 548 |
| felony of the second degree. | 549 |
| (e) If the amount of the drug involved equals or exceeds five | 550 |
| hundred grams but is less than one thousand grams of cocaine that | 551 |
| is not crack cocaine or equals or exceeds twenty-five grams but is | 552 |
| less than one hundred grams of crack cocaine, possession of | 553 |
| cocaine is a felony of the first degree, and the court shall | 554 |
| impose as a mandatory prison term one of the prison terms | 555 |
| prescribed for a felony of the first degree. | 556 |
| (f) If the amount of the drug involved equals or exceeds one | 557 |
| thousand grams of cocaine that is not crack cocaine or equals or | 558 |
| exceeds one hundred grams of crack cocaine, possession of cocaine | 559 |
| is a felony of the first degree, the offender is a major drug | 560 |
| offender, and the court shall impose as a mandatory prison term | 561 |
| the maximum prison term prescribed for a felony of the first | 562 |
| degree and may impose an additional mandatory prison term | 563 |
| prescribed for a major drug offender under division (D)(3)(b) of | 564 |
| section 2929.14 of the Revised Code. | 565 |
| (5) If the drug involved in the violation is L.S.D., whoever | 566 |
| violates division (A) of this section is guilty of possession of | 567 |
| L.S.D. The penalty for the offense shall be determined as follows: | 568 |
| (a) Except as otherwise provided in division (C)(5)(b), (c), | 569 |
| (d), (e), or (f) of this section, possession of L.S.D. is a felony | 570 |
| of the fifth degree, and division (B) of section 2929.13 of the | 571 |
| Revised Code applies in determining whether to impose a prison | 572 |
| term on the offender. | 573 |
| (b) If the amount of L.S.D. involved equals or exceeds ten | 574 |
| unit doses but is less than fifty unit doses of L.S.D. in a solid | 575 |
| form or equals or exceeds one gram but is less than five grams of | 576 |
| L.S.D. in a liquid concentrate, liquid extract, or liquid | 577 |
| distillate form, possession of L.S.D. is a felony of the fourth | 578 |
| degree, and division (C) of section 2929.13 of the Revised Code | 579 |
| applies in determining whether to impose a prison term on the | 580 |
| offender. | 581 |
| (c) If the amount of L.S.D. involved equals or exceeds fifty | 582 |
| unit doses, but is less than two hundred fifty unit doses of | 583 |
| L.S.D. in a solid form or equals or exceeds five grams but is less | 584 |
| than twenty-five grams of L.S.D. in a liquid concentrate, liquid | 585 |
| extract, or liquid distillate form, possession of L.S.D. is a | 586 |
| felony of the third degree, and there is a presumption for a | 587 |
| prison term for the offense. | 588 |
| (d) If the amount of L.S.D. involved equals or exceeds two | 589 |
| hundred fifty unit doses but is less than one thousand unit doses | 590 |
| of L.S.D. in a solid form or equals or exceeds twenty-five grams | 591 |
| but is less than one hundred grams of L.S.D. in a liquid | 592 |
| concentrate, liquid extract, or liquid distillate form, possession | 593 |
| of L.S.D. is a felony of the second degree, and the court shall | 594 |
| impose as a mandatory prison term one of the prison terms | 595 |
| prescribed for a felony of the second degree. | 596 |
| (e) If the amount of L.S.D. involved equals or exceeds one | 597 |
| thousand unit doses but is less than five thousand unit doses of | 598 |
| L.S.D. in a solid form or equals or exceeds one hundred grams but | 599 |
| is less than five hundred grams of L.S.D. in a liquid concentrate, | 600 |
| liquid extract, or liquid distillate form, possession of L.S.D. is | 601 |
| a felony of the first degree, and the court shall impose as a | 602 |
| mandatory prison term one of the prison terms prescribed for a | 603 |
| felony of the first degree. | 604 |
| (f) If the amount of L.S.D. involved equals or exceeds five | 605 |
| thousand unit doses of L.S.D. in a solid form or equals or exceeds | 606 |
| five hundred grams of L.S.D. in a liquid concentrate, liquid | 607 |
| extract, or liquid distillate form, possession of L.S.D. is a | 608 |
| felony of the first degree, the offender is a major drug offender, | 609 |
| and the court shall impose as a mandatory prison term the maximum | 610 |
| prison term prescribed for a felony of the first degree and may | 611 |
| impose an additional mandatory prison term prescribed for a major | 612 |
| drug offender under division (D)(3)(b) of section 2929.14 of the | 613 |
| Revised Code. | 614 |
| (6) If the drug involved in the violation is heroin or a | 615 |
| compound, mixture, preparation, or substance containing heroin, | 616 |
| whoever violates division (A) of this section is guilty of | 617 |
| possession of heroin. The penalty for the offense shall be | 618 |
| determined as follows: | 619 |
| (a) Except as otherwise provided in division (C)(6)(b), (c), | 620 |
| (d), (e), or (f) of this section, possession of heroin is a felony | 621 |
| of the fifth degree, and division (B) of section 2929.13 of the | 622 |
| Revised Code applies in determining whether to impose a prison | 623 |
| term on the offender. | 624 |
| (b) If the amount of the drug involved equals or exceeds ten | 625 |
| unit doses but is less than fifty unit doses or equals or exceeds | 626 |
| one gram but is less than five grams, possession of heroin is a | 627 |
| felony of the fourth degree, and division (C) of section 2929.13 | 628 |
| of the Revised Code applies in determining whether to impose a | 629 |
| prison term on the offender. | 630 |
| (c) If the amount of the drug involved equals or exceeds | 631 |
| fifty unit doses but is less than one hundred unit doses or equals | 632 |
| or exceeds five grams but is less than ten grams, possession of | 633 |
| heroin is a felony of the third degree, and there is a presumption | 634 |
| for a prison term for the offense. | 635 |
| (d) If the amount of the drug involved equals or exceeds one | 636 |
| hundred unit doses but is less than five hundred unit doses or | 637 |
| equals or exceeds ten grams but is less than fifty grams, | 638 |
| possession of heroin is a felony of the second degree, and the | 639 |
| court shall impose as a mandatory prison term one of the prison | 640 |
| terms prescribed for a felony of the second degree. | 641 |
| (e) If the amount of the drug involved equals or exceeds five | 642 |
| hundred unit doses but is less than two thousand five hundred unit | 643 |
| doses or equals or exceeds fifty grams but is less than two | 644 |
| hundred fifty grams, possession of heroin is a felony of the first | 645 |
| degree, and the court shall impose as a mandatory prison term one | 646 |
| of the prison terms prescribed for a felony of the first degree. | 647 |
| (f) If the amount of the drug involved equals or exceeds two | 648 |
| thousand five hundred unit doses or equals or exceeds two hundred | 649 |
| fifty grams, possession of heroin is a felony of the first degree, | 650 |
| the offender is a major drug offender, and the court shall impose | 651 |
| as a mandatory prison term the maximum prison term prescribed for | 652 |
| a felony of the first degree and may impose an additional | 653 |
| mandatory prison term prescribed for a major drug offender under | 654 |
| division (D)(3)(b) of section 2929.14 of the Revised Code. | 655 |
| (7) If the drug involved in the violation is hashish or a | 656 |
| compound, mixture, preparation, or substance containing hashish, | 657 |
| whoever violates division (A) of this section is guilty of | 658 |
| possession of hashish. The penalty for the offense shall be | 659 |
| determined as follows: | 660 |
| (a) Except as otherwise provided in division (C)(7)(b), (c), | 661 |
| (d), (e), or (f) of this section, possession of hashish is a minor | 662 |
| misdemeanor. | 663 |
| (b) If the amount of the drug involved equals or exceeds five | 664 |
| grams but is less than ten grams of hashish in a solid form or | 665 |
| equals or exceeds one gram but is less than two grams of hashish | 666 |
| in a liquid concentrate, liquid extract, or liquid distillate | 667 |
| form, possession of hashish is a misdemeanor of the fourth degree. | 668 |
| (c) If the amount of the drug involved equals or exceeds ten | 669 |
| grams but is less than fifty grams of hashish in a solid form or | 670 |
| equals or exceeds two grams but is less than ten grams of hashish | 671 |
| in a liquid concentrate, liquid extract, or liquid distillate | 672 |
| form, possession of hashish is a felony of the fifth degree, and | 673 |
| division (B) of section 2929.13 of the Revised Code applies in | 674 |
| determining whether to impose a prison term on the offender. | 675 |
| (d) If the amount of the drug involved equals or exceeds | 676 |
| fifty grams but is less than two hundred fifty grams of hashish in | 677 |
| a solid form or equals or exceeds ten grams but is less than fifty | 678 |
| grams of hashish in a liquid concentrate, liquid extract, or | 679 |
| liquid distillate form, possession of hashish is a felony of the | 680 |
| third degree, and division (C) of section 2929.13 of the Revised | 681 |
| Code applies in determining whether to impose a prison term on the | 682 |
| offender. | 683 |
| (e) If the amount of the drug involved equals or exceeds two | 684 |
| hundred fifty grams but is less than one thousand grams of hashish | 685 |
| in a solid form or equals or exceeds fifty grams but is less than | 686 |
| two hundred grams of hashish in a liquid concentrate, liquid | 687 |
| extract, or liquid distillate form, possession of hashish is a | 688 |
| felony of the third degree, and there is a presumption that a | 689 |
| prison term shall be imposed for the offense. | 690 |
| (f) If the amount of the drug involved equals or exceeds one | 691 |
| thousand grams of hashish in a solid form or equals or exceeds two | 692 |
| hundred grams of hashish in a liquid concentrate, liquid extract, | 693 |
| or liquid distillate form, possession of hashish is a felony of | 694 |
| the second degree, and the court shall impose as a mandatory | 695 |
| prison term the maximum prison term prescribed for a felony of the | 696 |
| second degree. | 697 |
| (D) Arrest or conviction for a minor misdemeanor violation of | 698 |
| this section does not constitute a criminal record and need not be | 699 |
| reported by the person so arrested or convicted in response to any | 700 |
| inquiries about the person's criminal record, including any | 701 |
| inquiries contained in any application for employment, license, or | 702 |
| other right or privilege, or made in connection with the person's | 703 |
| appearance as a witness. | 704 |
| (E) In addition to any prison term or jail term authorized or | 705 |
| required by division (C) of this section and sections 2929.13, | 706 |
| 2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in | 707 |
| addition to any other sanction that is imposed for the offense | 708 |
| under this section, sections 2929.11 to 2929.18, or sections | 709 |
| 2929.21 to 2929.28 of the Revised Code, the court that sentences | 710 |
| an offender who is convicted of or pleads guilty to a violation of | 711 |
| division (A) of this section shall do all of the following that | 712 |
| are applicable regarding the offender: | 713 |
| (1)(a) If the violation is a felony of the first, second, or | 714 |
| third degree, the court shall impose upon the offender the | 715 |
| mandatory fine specified for the offense under division (B)(1) of | 716 |
| section 2929.18 of the Revised Code unless, as specified in that | 717 |
| division, the court determines that the offender is indigent. | 718 |
| (b) Notwithstanding any contrary provision of section 3719.21 | 719 |
| of the Revised Code, the clerk of the court shall pay a mandatory | 720 |
| fine or other fine imposed for a violation of this section | 721 |
| pursuant to division (A) of section 2929.18 of the Revised Code in | 722 |
| accordance with and subject to the requirements of division (F) of | 723 |
| section 2925.03 of the Revised Code. The agency that receives the | 724 |
| fine shall use the fine as specified in division (F) of section | 725 |
| 2925.03 of the Revised Code. | 726 |
| (c) If a person is charged with a violation of this section | 727 |
| that is a felony of the first, second, or third degree, posts | 728 |
| bail, and forfeits the bail, the clerk shall pay the forfeited | 729 |
| bail pursuant to division (E)(1)(b) of this section as if it were | 730 |
| a mandatory fine imposed under division (E)(1)(a) of this section. | 731 |
| (2) The court shall suspend for not less than six months or | 732 |
| more than five years the offender's driver's or commercial | 733 |
| driver's license or permit. | 734 |
| (3) If the offender is a professionally licensed person, in | 735 |
| addition to any other sanction imposed for a violation of this | 736 |
| section, the court immediately shall comply with section 2925.38 | 737 |
| of the Revised Code. | 738 |
| (F) It is an affirmative defense, as provided in section | 739 |
| 2901.05 of the Revised Code, to a charge of a fourth degree felony | 740 |
| violation under this section that the controlled substance that | 741 |
| gave rise to the charge is in an amount, is in a form, is | 742 |
| prepared, compounded, or mixed with substances that are not | 743 |
| controlled substances in a manner, or is possessed under any other | 744 |
| circumstances, that indicate that the substance was possessed | 745 |
| solely for personal use. Notwithstanding any contrary provision | 746 |
| of this section, if, in accordance with section 2901.05 of the | 747 |
| Revised Code, an accused who is charged with a fourth degree | 748 |
| felony violation of division (C)(2), (4), (5), or (6) of this | 749 |
| section sustains the burden of going forward with evidence of and | 750 |
| establishes by a preponderance of the evidence the affirmative | 751 |
| defense described in this division, the accused may be prosecuted | 752 |
| for and may plead guilty to or be convicted of a misdemeanor | 753 |
| violation of division (C)(2) of this section or a fifth degree | 754 |
| felony violation of division (C)(4), (5), or (6) of this section | 755 |
| respectively. | 756 |
| (G) When a person is charged with possessing a bulk amount or | 757 |
| multiple of a bulk amount, division (E) of section 2925.03 of the | 758 |
| Revised Code applies regarding the determination of the amount of | 759 |
| the controlled substance involved at the time of the offense. | 760 |
| Sec. 2925.22. (A) No person, by deception, as defined in | 761 |
| section 2913.01 of the Revised Code, shall procure the | 762 |
| administration of, a prescription for, or the dispensing of, a | 763 |
| dangerous drug or shall possess an uncompleted preprinted | 764 |
| prescription blank used for writing a prescription for a dangerous | 765 |
| drug. | 766 |
| (B) Whoever violates this section is guilty of deception to | 767 |
| obtain a dangerous drug. The penalty for the offense shall be | 768 |
| determined as follows: | 769 |
| (1) If the drug involved is a dangerous drug, except as | 770 |
| otherwise provided in division (B)(2) or (3) of this section, | 771 |
| deception to obtain a dangerous drug is a misdemeanor of the | 772 |
| second degree or, if the offender previously has been convicted of | 773 |
| or pleaded guilty to a drug abuse offense, a misdemeanor of the | 774 |
| first degree. | 775 |
| (2) If the drug involved is a compound, mixture, preparation, | 776 |
| or substance included in schedule I or II, with the exception of | 777 |
| marihuana, the penalty for deception to obtain drugs is one of the | 778 |
| following: | 779 |
| (a) Except as otherwise provided in division (B)(2)(b), (c), | 780 |
| or (d) of this section, it is a felony of the fourth degree, and | 781 |
| division (C) of section 2929.13 of the Revised Code applies in | 782 |
| determining whether to impose a prison term on the offender. | 783 |
| (b) If the amount of the drug involved equals or exceeds the | 784 |
| bulk amount but is less than five times the bulk amount, or if the | 785 |
| amount of the drug involved that could be obtained pursuant to the | 786 |
| prescription would equal or exceed the bulk amount but would be | 787 |
| less than five times the bulk amount, it is a felony of the third | 788 |
| degree, and there is a presumption for a prison term for the | 789 |
| offense. | 790 |
| (c) If the amount of the drug involved equals or exceeds five | 791 |
| times the bulk amount but is less than fifty times the bulk | 792 |
| amount, or if the amount of the drug involved that could be | 793 |
| obtained pursuant to the prescription would equal or exceed five | 794 |
| times the bulk amount but would be less than fifty times the bulk | 795 |
| amount, it is a felony of the second degree, and there is a | 796 |
| presumption for a prison term for the offense. | 797 |
| (d) If the amount of the drug involved equals or exceeds | 798 |
| fifty times the bulk amount, or if the amount of the drug involved | 799 |
| that could be obtained pursuant to the prescription would equal or | 800 |
| exceed fifty times the bulk amount, it is a felony of the first | 801 |
| degree, and there is a presumption for a prison term for the | 802 |
| offense. | 803 |
| | 804 |
| compound, mixture, preparation, or substance included in schedule | 805 |
| III, IV, or V or is marihuana, the penalty for deception to obtain | 806 |
| a dangerous drug is one of the following: | 807 |
| (a) Except as otherwise provided in division (B)(3)(b), (c), | 808 |
| or (d) of this section it is a felony of the fifth degree, and | 809 |
| division (C) of section 2929.13 of the Revised Code applies in | 810 |
| determining whether to impose a prison term on the offender. | 811 |
| (b) If the amount of the drug involved equals or exceeds the | 812 |
| bulk amount but is less than five times the bulk amount, or if the | 813 |
| amount of the drug involved that could be obtained pursuant to the | 814 |
| prescription would equal or exceed the bulk amount but would be | 815 |
| less than five times the bulk amount, it is a felony of the fourth | 816 |
| degree, and division (C) of section 2929.13 of the Revised Code | 817 |
| applies in determining whether to impose a prison term on the | 818 |
| offender. | 819 |
| (c) If the amount of the drug involved equals or exceeds five | 820 |
| times the bulk amount but is less than fifty times the bulk | 821 |
| amount, or if the amount of the drug involved that could be | 822 |
| obtained pursuant to the prescription would equal or exceed five | 823 |
| times the bulk amount but would be less than fifty times the bulk | 824 |
| amount, it is a felony of the third degree, and there is a | 825 |
| presumption for a prison term for the offense. | 826 |
| (d) If the amount of the drug involved equals or exceeds | 827 |
| fifty times the bulk amount, or if the amount of the drug involved | 828 |
| that could be obtained pursuant to the prescription would equal or | 829 |
| exceed fifty times the bulk amount, it is a felony of the second | 830 |
| degree, and there is a presumption for a prison term for the | 831 |
| offense. | 832 |
| (C) In addition to any prison term authorized or required by | 833 |
| division (B) of this section and sections 2929.13 and 2929.14 of | 834 |
| the Revised Code and in addition to any other sanction imposed for | 835 |
| the offense under this section or sections 2929.11 to 2929.18 of | 836 |
| the Revised Code, the court that sentences an offender who is | 837 |
| convicted of or pleads guilty to a violation of division (A) of | 838 |
| this section shall do both of the following: | 839 |
| (1) The court shall suspend for not less than six months or | 840 |
| more than five years the offender's driver's or commercial | 841 |
| driver's license or permit. | 842 |
| (2) If the offender is a professionally licensed person, in | 843 |
| addition to any other sanction imposed for a violation of this | 844 |
| section, the court immediately shall comply with section 2925.38 | 845 |
| of the Revised Code. | 846 |
| (D) Notwithstanding any contrary provision of section 3719.21 | 847 |
| of the Revised Code, the clerk of the court shall pay a fine | 848 |
| imposed for a violation of this section pursuant to division (A) | 849 |
| of section 2929.18 of the Revised Code in accordance with and | 850 |
| subject to the requirements of division (F) of section 2925.03 of | 851 |
| the Revised Code. The agency that receives the fine shall use the | 852 |
| fine as specified in division (F) of section 2925.03 of the | 853 |
| Revised Code. | 854 |
| Section 2. That existing sections 2925.01, 2925.11, and | 855 |
| 2925.22 of the Revised Code are hereby repealed. | 856 |