As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 195

Representative Core 

Cosponsors: Representatives McGregor, J., Evans, Bubp, Combs, Adams, Stebelton, Fende, Hughes, Aslanides, Batchelder, Collier, Daniels, DeBose, Domenick, Dyer, Fessler, Flowers, Gibbs, Jones, Latta, Mandel, McGregor, R., Oelslager, Patton, Schneider, Stewart, J., Uecker, Wachtmann, Wagoner, Webster, Yuko 

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A BILL

To amend sections 2925.01, 2925.03, 2925.11, and

1

2925.22 of 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, to modify the penalty for

6

"deception to obtain a dangerous drug" and

7

"possession of drugs" under specified

8

circumstances, and to modify an element of the

9

trafficking in drugs offenses.

10

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

Section 1. That sections 2925.01, 2925.03, 2925.11, and	11
2925.22 of the Revised Code be amended to read as follows:	12

Sec. 2925.01.  As used in this chapter:

13

(A) "Administer," "controlled substance," "dispense,"	14
"distribute," "hypodermic," "manufacturer," "official written	15
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	16
"schedule II," "schedule III," "schedule IV," "schedule V," and	17
"wholesaler" have the same meanings as in section 3719.01 of the	18
Revised Code.	19

(B) "Drug dependent person" and "drug of abuse" have the same	20
meanings as in section 3719.011 of the Revised Code.	21

(C) "Drug," "dangerous drug," "licensed health professional	22
authorized to prescribe drugs," and "prescription" have the same	23
meanings as in section 4729.01 of the Revised Code.	24

(D) "Bulk amount" of a controlled substance means any of the	25
following:	26

(1) For any compound, mixture, preparation, or substance	27
included in schedule I, schedule II, or schedule III, with the	28
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	29
except as provided in division (D)(2) or (5) of this section,	30
whichever of the following is applicable:	31

(a) An amount equal to or exceeding ten grams or twenty-five	32
unit doses of a compound, mixture, preparation, or substance that	33
is or contains any amount of a schedule I opiate or opium	34
derivative;	35

(b) An amount equal to or exceeding ten grams of a compound,	36
mixture, preparation, or substance that is or contains any amount	37
of raw or gum opium;	38

(c) An amount equal to or exceeding thirty grams or ten unit	39
doses of a compound, mixture, preparation, or substance that is or	40
contains any amount of a schedule I hallucinogen other than	41
tetrahydrocannabinol or lysergic acid amide, or a schedule I	42
stimulant or depressant;	43

(d) An amount equal to or exceeding twenty grams or five	44
times the maximum daily dose in the usual dose range specified in	45
a standard pharmaceutical reference manual of a compound, mixture,	46
preparation, or substance that is or contains any amount of a	47
schedule II opiate or opium derivative;	48

(e) An amount equal to or exceeding five grams or ten unit	49
doses of a compound, mixture, preparation, or substance that is or	50
contains any amount of phencyclidine;	51

(f) An amount equal to or exceeding one hundred twenty grams	52
or thirty times the maximum daily dose in the usual dose range	53
specified in a standard pharmaceutical reference manual of a	54
compound, mixture, preparation, or substance that is or contains	55
any amount of a schedule II stimulant that is in a final dosage	56
form manufactured by a person authorized by the "Federal Food,	57
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	58
amended, and the federal drug abuse control laws, as defined in	59
section 3719.01 of the Revised Code, that is or contains any	60
amount of a schedule II depressant substance or a schedule II	61
hallucinogenic substance;	62

(g) An amount equal to or exceeding three grams of a	63
compound, mixture, preparation, or substance that is or contains	64
any amount of a schedule II stimulant, or any of its salts or	65
isomers, that is not in a final dosage form manufactured by a	66
person authorized by the Federal Food, Drug, and Cosmetic Act and	67
the federal drug abuse control laws.	68

(2) An amount equal to or exceeding one hundred twenty grams	69
or thirty times the maximum daily dose in the usual dose range	70
specified in a standard pharmaceutical reference manual of a	71
compound, mixture, preparation, or substance that is or contains	72
any amount of a schedule III or IV substance other than an	73
anabolic steroid or a schedule III opiate or opium derivative;	74

(3) An amount equal to or exceeding twenty grams or five	75
times the maximum daily dose in the usual dose range specified in	76
a standard pharmaceutical reference manual of a compound, mixture,	77
preparation, or substance that is or contains any amount of a	78
schedule III opiate or opium derivative;	79

(4) An amount equal to or exceeding two hundred fifty	80
milliliters or two hundred fifty grams of a compound, mixture,	81
preparation, or substance that is or contains any amount of a	82
schedule V substance;	83

(5) An amount equal to or exceeding two hundred solid dosage	84
units, sixteen grams, or sixteen milliliters of a compound,	85
mixture, preparation, or substance that is or contains any amount	86
of a schedule III anabolic steroid.	87

(E) "Unit dose" means an amount or unit of a compound,	88
mixture, or preparation containing a controlled substance that is	89
separately identifiable and in a form that indicates that it is	90
the amount or unit by which the controlled substance is separately	91
administered to or taken by an individual.	92

(F) "Cultivate" includes planting, watering, fertilizing, or	93
tilling.	94

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

95

(1) A violation of division (A) of section 2913.02 that	96
constitutes theft of drugs, or a violation of section 2925.02,	97
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	98
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	99
2925.37 of the Revised Code;	100

(2) A violation of an existing or former law of this or any	101
other state or of the United States that is substantially	102
equivalent to any section listed in division (G)(1) of this	103
section;	104

(3) An offense under an existing or former law of this or any	105
other state, or of the United States, of which planting,	106
cultivating, harvesting, processing, making, manufacturing,	107
producing, shipping, transporting, delivering, acquiring,	108
possessing, storing, distributing, dispensing, selling, inducing	109
another to use, administering to another, using, or otherwise	110
dealing with a controlled substance is an element;	111

(4) A conspiracy to commit, attempt to commit, or complicity	112
in committing or attempting to commit any offense under division	113
(G)(1), (2), or (3) of this section.	114

(H) "Felony drug abuse offense" means any drug abuse offense	115
that would constitute a felony under the laws of this state, any	116
other state, or the United States.	117

(I) "Harmful intoxicant" does not include beer or	118
intoxicating liquor but means any of the following:	119

(1) Any compound, mixture, preparation, or substance the gas,	120
fumes, or vapor of which when inhaled can induce intoxication,	121
excitement, giddiness, irrational behavior, depression,	122
stupefaction, paralysis, unconsciousness, asphyxiation, or other	123
harmful physiological effects, and includes, but is not limited	124
to, any of the following:	125

(a) Any volatile organic solvent, plastic cement, model	126
cement, fingernail polish remover, lacquer thinner, cleaning	127
fluid, gasoline, or other preparation containing a volatile	128
organic solvent;	129

(b) Any aerosol propellant;

130

(c) Any fluorocarbon refrigerant;

131

(d) Any anesthetic gas.

132

(2) Gamma Butyrolactone;

133

(3) 1,4 Butanediol.

134

(J) "Manufacture" means to plant, cultivate, harvest,	135
process, make, prepare, or otherwise engage in any part of the	136
production of a drug, by propagation, extraction, chemical	137
synthesis, or compounding, or any combination of the same, and	138
includes packaging, repackaging, labeling, and other activities	139
incident to production.	140

(K) "Possess" or "possession" means having control over a	141
thing or substance, but may not be inferred solely from mere	142
access to the thing or substance through ownership or occupation	143
of the premises upon which the thing or substance is found.	144

(L) "Sample drug" means a drug or pharmaceutical preparation	145
that would be hazardous to health or safety if used without the	146
supervision of a licensed health professional authorized to	147
prescribe drugs, or a drug of abuse, and that, at one time, had	148
been placed in a container plainly marked as a sample by a	149
manufacturer.	150

(M) "Standard pharmaceutical reference manual" means the	151
current edition, with cumulative changes if any, of any of the	152
following reference works:	153

(1) "The National Formulary";

154

(2) "The United States Pharmacopeia," prepared by authority	155
of the United States Pharmacopeial Convention, Inc.;	156

(3) Other standard references that are approved by the state	157
board of pharmacy.	158

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

159

(O) "Counterfeit controlled substance" means any of the	160
following:	161

(1) Any drug that bears, or whose container or label bears, a	162
trademark, trade name, or other identifying mark used without	163
authorization of the owner of rights to that trademark, trade	164
name, or identifying mark;	165

(2) Any unmarked or unlabeled substance that is represented	166
to be a controlled substance manufactured, processed, packed, or	167
distributed by a person other than the person that manufactured,	168
processed, packed, or distributed it;	169

(3) Any substance that is represented to be a controlled	170
substance but is not a controlled substance or is a different	171
controlled substance;	172

(4) Any substance other than a controlled substance that a	173
reasonable person would believe to be a controlled substance	174
because of its similarity in shape, size, and color, or its	175
markings, labeling, packaging, distribution, or the price for	176
which it is sold or offered for sale.	177

(P) An offense is "committed in the vicinity of a school" if	178
the offender commits the offense on school premises, in a school	179
building, or within one thousand feet of the boundaries of any	180
school premises, regardless of whether the offender knows the	181
offense is being committed on school premises, in a school	182
building, or within one thousand feet of the boundaries of any	183
school premises.	184

(Q) "School" means any school operated by a board of	185
education, any community school established under Chapter 3314. of	186
the Revised Code, or any nonpublic school for which the state	187
board of education prescribes minimum standards under section	188
3301.07 of the Revised Code, whether or not any instruction,	189
extracurricular activities, or training provided by the school is	190
being conducted at the time a criminal offense is committed.	191

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

192

(1) The parcel of real property on which any school is	193
situated, whether or not any instruction, extracurricular	194
activities, or training provided by the school is being conducted	195
on the premises at the time a criminal offense is committed;	196

(2) Any other parcel of real property that is owned or leased	197
by a board of education of a school, the governing authority of a	198
community school established under Chapter 3314. of the Revised	199
Code, or the governing body of a nonpublic school for which the	200
state board of education prescribes minimum standards under	201
section 3301.07 of the Revised Code and on which some of the	202
instruction, extracurricular activities, or training of the school	203
is conducted, whether or not any instruction, extracurricular	204
activities, or training provided by the school is being conducted	205
on the parcel of real property at the time a criminal offense is	206
committed.	207

(S) "School building" means any building in which any of the	208
instruction, extracurricular activities, or training provided by a	209
school is conducted, whether or not any instruction,	210
extracurricular activities, or training provided by the school is	211
being conducted in the school building at the time a criminal	212
offense is committed.	213

(T) "Disciplinary counsel" means the disciplinary counsel	214
appointed by the board of commissioners on grievances and	215
discipline of the supreme court under the Rules for the Government	216
of the Bar of Ohio.	217

(U) "Certified grievance committee" means a duly constituted	218
and organized committee of the Ohio state bar association or of	219
one or more local bar associations of the state of Ohio that	220
complies with the criteria set forth in Rule V, section 6 of the	221
Rules for the Government of the Bar of Ohio.	222

(V) "Professional license" means any license, permit,	223
certificate, registration, qualification, admission, temporary	224
license, temporary permit, temporary certificate, or temporary	225
registration that is described in divisions (W)(1) to (36) of this	226
section and that qualifies a person as a professionally licensed	227
person.	228

(W) "Professionally licensed person" means any of the	229
following:	230

(1) A person who has obtained a license as a manufacturer of	231
controlled substances or a wholesaler of controlled substances	232
under Chapter 3719. of the Revised Code;	233

(2) A person who has received a certificate or temporary	234
certificate as a certified public accountant or who has registered	235
as a public accountant under Chapter 4701. of the Revised Code and	236
who holds an Ohio permit issued under that chapter;	237

(3) A person who holds a certificate of qualification to	238
practice architecture issued or renewed and registered under	239
Chapter 4703. of the Revised Code;	240

(4) A person who is registered as a landscape architect under	241
Chapter 4703. of the Revised Code or who holds a permit as a	242
landscape architect issued under that chapter;	243

(5) A person licensed under Chapter 4707. of the Revised	244
Code;	245

(6) A person who has been issued a certificate of	246
registration as a registered barber under Chapter 4709. of the	247
Revised Code;	248

(7) A person licensed and regulated to engage in the business	249
of a debt pooling company by a legislative authority, under	250
authority of Chapter 4710. of the Revised Code;	251

(8) A person who has been issued a cosmetologist's license,	252
hair designer's license, manicurist's license, esthetician's	253
license, natural hair stylist's license, managing cosmetologist's	254
license, managing hair designer's license, managing manicurist's	255
license, managing esthetician's license, managing natural hair	256
stylist's license, cosmetology instructor's license, hair design	257
instructor's license, manicurist instructor's license, esthetics	258
instructor's license, natural hair style instructor's license,	259
independent contractor's license, or tanning facility permit under	260
Chapter 4713. of the Revised Code;	261

(9) A person who has been issued a license to practice	262
dentistry, a general anesthesia permit, a conscious intravenous	263
sedation permit, a limited resident's license, a limited teaching	264
license, a dental hygienist's license, or a dental hygienist's	265
teacher's certificate under Chapter 4715. of the Revised Code;	266

(10) A person who has been issued an embalmer's license, a	267
funeral director's license, a funeral home license, or a crematory	268
license, or who has been registered for an embalmer's or funeral	269
director's apprenticeship under Chapter 4717. of the Revised Code;	270

(11) A person who has been licensed as a registered nurse or	271
practical nurse, or who has been issued a certificate for the	272
practice of nurse-midwifery under Chapter 4723. of the Revised	273
Code;	274

(12) A person who has been licensed to practice optometry or	275
to engage in optical dispensing under Chapter 4725. of the Revised	276
Code;	277

(13) A person licensed to act as a pawnbroker under Chapter	278
4727. of the Revised Code;	279

(14) A person licensed to act as a precious metals dealer	280
under Chapter 4728. of the Revised Code;	281

(15) A person licensed as a pharmacist, a pharmacy intern, a	282
wholesale distributor of dangerous drugs, or a terminal	283
distributor of dangerous drugs under Chapter 4729. of the Revised	284
Code;	285

(16) A person who is authorized to practice as a physician	286
assistant under Chapter 4730. of the Revised Code;	287

(17) A person who has been issued a certificate to practice	288
medicine and surgery, osteopathic medicine and surgery, a limited	289
branch of medicine, or podiatry under Chapter 4731. of the Revised	290
Code;	291

(18) A person licensed as a psychologist or school	292
psychologist under Chapter 4732. of the Revised Code;	293

(19) A person registered to practice the profession of	294
engineering or surveying under Chapter 4733. of the Revised Code;	295

(20) A person who has been issued a license to practice	296
chiropractic under Chapter 4734. of the Revised Code;	297

(21) A person licensed to act as a real estate broker or real	298
estate salesperson under Chapter 4735. of the Revised Code;	299

(22) A person registered as a registered sanitarian under	300
Chapter 4736. of the Revised Code;	301

(23) A person licensed to operate or maintain a junkyard	302
under Chapter 4737. of the Revised Code;	303

(24) A person who has been issued a motor vehicle salvage	304
dealer's license under Chapter 4738. of the Revised Code;	305

(25) A person who has been licensed to act as a steam	306
engineer under Chapter 4739. of the Revised Code;	307

(26) A person who has been issued a license or temporary	308
permit to practice veterinary medicine or any of its branches, or	309
who is registered as a graduate animal technician under Chapter	310
4741. of the Revised Code;	311

(27) A person who has been issued a hearing aid dealer's or	312
fitter's license or trainee permit under Chapter 4747. of the	313
Revised Code;	314

(28) A person who has been issued a class A, class B, or	315
class C license or who has been registered as an investigator or	316
security guard employee under Chapter 4749. of the Revised Code;	317

(29) A person licensed and registered to practice as a	318
nursing home administrator under Chapter 4751. of the Revised	319
Code;	320

(30) A person licensed to practice as a speech-language	321
pathologist or audiologist under Chapter 4753. of the Revised	322
Code;	323

(31) A person issued a license as an occupational therapist	324
or physical therapist under Chapter 4755. of the Revised Code;	325

(32) A person who is licensed as a professional clinical	326
counselor or professional counselor, licensed as a social worker	327
or independent social worker, or registered as a social work	328
assistant under Chapter 4757. of the Revised Code;	329

(33) A person issued a license to practice dietetics under	330
Chapter 4759. of the Revised Code;	331

(34) A person who has been issued a license or limited permit	332
to practice respiratory therapy under Chapter 4761. of the Revised	333
Code;	334

(35) A person who has been issued a real estate appraiser	335
certificate under Chapter 4763. of the Revised Code;	336

(36) A person who has been admitted to the bar by order of	337
the supreme court in compliance with its prescribed and published	338
rules.	339

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

340

(1) A cocaine salt, isomer, or derivative, a salt of a	341
cocaine isomer or derivative, or the base form of cocaine;	342

(2) Coca leaves or a salt, compound, derivative, or	343
preparation of coca leaves, including ecgonine, a salt, isomer, or	344
derivative of ecgonine, or a salt of an isomer or derivative of	345
ecgonine;	346

(3) A salt, compound, derivative, or preparation of a	347
substance identified in division (X)(1) or (2) of this section	348
that is chemically equivalent to or identical with any of those	349
substances, except that the substances shall not include	350
decocainized coca leaves or extraction of coca leaves if the	351
extractions do not contain cocaine or ecgonine.	352

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

353

(Z) "Hashish" means the resin or a preparation of the resin	354
contained in marihuana, whether in solid form or in a liquid	355
concentrate, liquid extract, or liquid distillate form.	356

(AA) "Marihuana" has the same meaning as in section 3719.01	357
of the Revised Code, except that it does not include hashish.	358

(BB) An offense is "committed in the vicinity of a juvenile"	359
if the offender commits the offense within one hundred feet of a	360
juvenile or within the view of a juvenile, regardless of whether	361
the offender knows the age of the juvenile, whether the offender	362
knows the offense is being committed within one hundred feet of or	363
within view of the juvenile, or whether the juvenile actually	364
views the commission of the offense.	365

(CC) "Presumption for a prison term" or "presumption that a	366
prison term shall be imposed" means a presumption, as described in	367
division (D) of section 2929.13 of the Revised Code, that a prison	368
term is a necessary sanction for a felony in order to comply with	369
the purposes and principles of sentencing under section 2929.11 of	370
the Revised Code.	371

(DD) "Major drug offender" has the same meaning as in section	372
2929.01 of the Revised Code.	373

(EE) "Minor drug possession offense" means either of the	374
following:	375

(1) A violation of section 2925.11 of the Revised Code as it	376
existed prior to July 1, 1996;	377

(2) A violation of section 2925.11 of the Revised Code as it	378
exists on and after July 1, 1996, that is a misdemeanor or a	379
felony of the fifth degree.	380

(FF) "Mandatory prison term" has the same meaning as in	381
section 2929.01 of the Revised Code.	382

(GG) "Crack cocaine" means a compound, mixture, preparation,	383
or substance that is or contains any amount of cocaine that is	384
analytically identified as the base form of cocaine or that is in	385
a form that resembles rocks or pebbles generally intended for	386
individual use.	387

(HH) "Adulterate" means to cause a drug to be adulterated as	388
described in section 3715.63 of the Revised Code.	389

(II) "Public premises" means any hotel, restaurant, tavern,	390
store, arena, hall, or other place of public accommodation,	391
business, amusement, or resort.	392

(JJ) "Methamphetamine" means methamphetamine, any salt,	393
isomer, or salt of an isomer of methamphetamine, or any compound,	394
mixture, preparation, or substance containing methamphetamine or	395
any salt, isomer, or salt of an isomer of methamphetamine.	396

(KK) "Lawful prescription" means a prescription that is	397
issued for a legitimate medical purpose by a licensed health	398
professional authorized to prescribe drugs, that is not altered or	399
forged, and that was not obtained by means of deception or by the	400
commission of any theft offense.	401

(LL) "Deception" and "theft offense" have the same meanings	402
as in section 2913.01 of the Revised Code.	403

Sec. 2925.03.  (A) No person shall knowingly do any of the	404
following:	405

(1) Sell or offer to sell a controlled substance;

406

(2) Prepare for shipment, ship, transport, deliver, prepare	407
for distribution, or distribute a controlled substance, when the	408
offender knows or has reasonable cause to believe that the	409
controlled substance is intended for sale or resale by the	410
offender or another person.	411

(B) This section does not apply to any of the following:

412

(1) Manufacturers, licensed health professionals authorized	413
to prescribe drugs, pharmacists, owners of pharmacies, and other	414
persons whose conduct is in accordance with Chapters 3719., 4715.,	415
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	416

(2) If the offense involves an anabolic steroid, any person	417
who is conducting or participating in a research project involving	418
the use of an anabolic steroid if the project has been approved by	419
the United States food and drug administration;	420

(3) Any person who sells, offers for sale, prescribes,	421
dispenses, or administers for livestock or other nonhuman species	422
an anabolic steroid that is expressly intended for administration	423
through implants to livestock or other nonhuman species and	424
approved for that purpose under the "Federal Food, Drug, and	425
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	426
and is sold, offered for sale, prescribed, dispensed, or	427
administered for that purpose in accordance with that act.	428

(C) Whoever violates division (A) of this section is guilty	429
of one of the following:	430

(1) If the drug involved in the violation is any compound,	431
mixture, preparation, or substance included in schedule I or	432
schedule II, with the exception of marihuana, cocaine, L.S.D.,	433
heroin, and hashish, whoever violates division (A) of this section	434
is guilty of aggravated trafficking in drugs. The penalty for the	435
offense shall be determined as follows:	436

(a) Except as otherwise provided in division (C)(1)(b), (c),	437
(d), (e), or (f) of this section, aggravated trafficking in drugs	438
is a felony of the fourth degree, and division (C) of section	439
2929.13 of the Revised Code applies in determining whether to	440
impose a prison term on the offender.	441

(b) Except as otherwise provided in division (C)(1)(c), (d),	442
(e), or (f) of this section, if the offense was committed in the	443
vicinity of a school or in the vicinity of a juvenile, aggravated	444
trafficking in drugs is a felony of the third degree, and division	445
(C) of section 2929.13 of the Revised Code applies in determining	446
whether to impose a prison term on the offender.	447

(c) Except as otherwise provided in this division, if the	448
amount of the drug involved equals or exceeds the bulk amount but	449
is less than five times the bulk amount, aggravated trafficking in	450
drugs is a felony of the third degree, and the court shall impose	451
as a mandatory prison term one of the prison terms prescribed for	452
a felony of the third degree. If the amount of the drug involved	453
is within that range and if the offense was committed in the	454
vicinity of a school or in the vicinity of a juvenile, aggravated	455
trafficking in drugs is a felony of the second degree, and the	456
court shall impose as a mandatory prison term one of the prison	457
terms prescribed for a felony of the second degree.	458

(d) Except as otherwise provided in this division, if the	459
amount of the drug involved equals or exceeds five times the bulk	460
amount but is less than fifty times the bulk amount, aggravated	461
trafficking in drugs is a felony of the second degree, and the	462
court shall impose as a mandatory prison term one of the prison	463
terms prescribed for a felony of the second degree. If the amount	464
of the drug involved is within that range and if the offense was	465
committed in the vicinity of a school or in the vicinity of a	466
juvenile, aggravated trafficking in drugs is a felony of the first	467
degree, and the court shall impose as a mandatory prison term one	468
of the prison terms prescribed for a felony of the first degree.	469

(e) If the amount of the drug involved equals or exceeds	470
fifty times the bulk amount but is less than one hundred times the	471
bulk amount and regardless of whether the offense was committed in	472
the vicinity of a school or in the vicinity of a juvenile,	473
aggravated trafficking in drugs is a felony of the first degree,	474
and the court shall impose as a mandatory prison term one of the	475
prison terms prescribed for a felony of the first degree.	476

(f) If the amount of the drug involved equals or exceeds one	477
hundred times the bulk amount and regardless of whether the	478
offense was committed in the vicinity of a school or in the	479
vicinity of a juvenile, aggravated trafficking in drugs is a	480
felony of the first degree, the offender is a major drug offender,	481
and the court shall impose as a mandatory prison term the maximum	482
prison term prescribed for a felony of the first degree and may	483
impose an additional prison term prescribed for a major drug	484
offender under division (D)(3)(b) of section 2929.14 of the	485
Revised Code.	486

(2) If the drug involved in the violation is any compound,	487
mixture, preparation, or substance included in schedule III, IV,	488
or V, whoever violates division (A) of this section is guilty of	489
trafficking in drugs. The penalty for the offense shall be	490
determined as follows:	491

(a) Except as otherwise provided in division (C)(2)(b), (c),	492
(d), or (e) of this section, trafficking in drugs is a felony of	493
the fifth degree, and division (C) of section 2929.13 of the	494
Revised Code applies in determining whether to impose a prison	495
term on the offender.	496

(b) Except as otherwise provided in division (C)(2)(c), (d),	497
or (e) of this section, if the offense was committed in the	498
vicinity of a school or in the vicinity of a juvenile, trafficking	499
in drugs is a felony of the fourth degree, and division (C) of	500
section 2929.13 of the Revised Code applies in determining whether	501
to impose a prison term on the offender.	502

(c) Except as otherwise provided in this division, if the	503
amount of the drug involved equals or exceeds the bulk amount but	504
is less than five times the bulk amount, trafficking in drugs is a	505
felony of the fourth degree, and there is a presumption for a	506
prison term for the offense. If the amount of the drug involved is	507
within that range and if the offense was committed in the vicinity	508
of a school or in the vicinity of a juvenile, trafficking in drugs	509
is a felony of the third degree, and there is a presumption for a	510
prison term for the offense.	511

(d) Except as otherwise provided in this division, if the	512
amount of the drug involved equals or exceeds five times the bulk	513
amount but is less than fifty times the bulk amount, trafficking	514
in drugs is a felony of the third degree, and there is a	515
presumption for a prison term for the offense. If the amount of	516
the drug involved is within that range and if the offense was	517
committed in the vicinity of a school or in the vicinity of a	518
juvenile, trafficking in drugs is a felony of the second degree,	519
and there is a presumption for a prison term for the offense.	520

(e) Except as otherwise provided in this division, if the	521
amount of the drug involved equals or exceeds fifty times the bulk	522
amount, trafficking in drugs is a felony of the second degree, and	523
the court shall impose as a mandatory prison term one of the	524
prison terms prescribed for a felony of the second degree. If the	525
amount of the drug involved equals or exceeds fifty times the bulk	526
amount and if the offense was committed in the vicinity of a	527
school or in the vicinity of a juvenile, trafficking in drugs is a	528
felony of the first degree, and the court shall impose as a	529
mandatory prison term one of the prison terms prescribed for a	530
felony of the first degree.	531

(3) If the drug involved in the violation is marihuana or a	532
compound, mixture, preparation, or substance containing marihuana	533
other than hashish, whoever violates division (A) of this section	534
is guilty of trafficking in marihuana. The penalty for the offense	535
shall be determined as follows:	536

(a) Except as otherwise provided in division (C)(3)(b), (c),	537
(d), (e), (f), or (g) of this section, trafficking in marihuana is	538
a felony of the fifth degree, and division (C) of section 2929.13	539
of the Revised Code applies in determining whether to impose a	540
prison term on the offender.	541

(b) Except as otherwise provided in division (C)(3)(c), (d),	542
(e), (f), or (g) of this section, if the offense was committed in	543
the vicinity of a school or in the vicinity of a juvenile,	544
trafficking in marihuana is a felony of the fourth degree, and	545
division (C) of section 2929.13 of the Revised Code applies in	546
determining whether to impose a prison term on the offender.	547

(c) Except as otherwise provided in this division, if the	548
amount of the drug involved equals or exceeds two hundred grams	549
but is less than one thousand grams, trafficking in marihuana is a	550
felony of the fourth degree, and division (C) of section 2929.13	551
of the Revised Code applies in determining whether to impose a	552
prison term on the offender. If the amount of the drug involved is	553
within that range and if the offense was committed in the vicinity	554
of a school or in the vicinity of a juvenile, trafficking in	555
marihuana is a felony of the third degree, and division (C) of	556
section 2929.13 of the Revised Code applies in determining whether	557
to impose a prison term on the offender.	558

(d) Except as otherwise provided in this division, if the	559
amount of the drug involved equals or exceeds one thousand grams	560
but is less than five thousand grams, trafficking in marihuana is	561
a felony of the third degree, and division (C) of section 2929.13	562
of the Revised Code applies in determining whether to impose a	563
prison term on the offender. If the amount of the drug involved is	564
within that range and if the offense was committed in the vicinity	565
of a school or in the vicinity of a juvenile, trafficking in	566
marihuana is a felony of the second degree, and there is a	567
presumption that a prison term shall be imposed for the offense.	568

(e) Except as otherwise provided in this division, if the	569
amount of the drug involved equals or exceeds five thousand grams	570
but is less than twenty thousand grams, trafficking in marihuana	571
is a felony of the third degree, and there is a presumption that a	572
prison term shall be imposed for the offense. If the amount of the	573
drug involved is within that range and if the offense was	574
committed in the vicinity of a school or in the vicinity of a	575
juvenile, trafficking in marihuana is a felony of the second	576
degree, and there is a presumption that a prison term shall be	577
imposed for the offense.	578

(f) Except as otherwise provided in this division, if the	579
amount of the drug involved equals or exceeds twenty thousand	580
grams, trafficking in marihuana is a felony of the second degree,	581
and the court shall impose as a mandatory prison term the maximum	582
prison term prescribed for a felony of the second degree. If the	583
amount of the drug involved equals or exceeds twenty thousand	584
grams and if the offense was committed in the vicinity of a school	585
or in the vicinity of a juvenile, trafficking in marihuana is a	586
felony of the first degree, and the court shall impose as a	587
mandatory prison term the maximum prison term prescribed for a	588
felony of the first degree.	589

(g) Except as otherwise provided in this division, if the	590
offense involves a gift of twenty grams or less of marihuana,	591
trafficking in marihuana is a minor misdemeanor upon a first	592
offense and a misdemeanor of the third degree upon a subsequent	593
offense. If the offense involves a gift of twenty grams or less of	594
marihuana and if the offense was committed in the vicinity of a	595
school or in the vicinity of a juvenile, trafficking in marihuana	596
is a misdemeanor of the third degree.	597

(4) If the drug involved in the violation is cocaine or a	598
compound, mixture, preparation, or substance containing cocaine,	599
whoever violates division (A) of this section is guilty of	600
trafficking in cocaine. The penalty for the offense shall be	601
determined as follows:	602

(a) Except as otherwise provided in division (C)(4)(b), (c),	603
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	604
felony of the fifth degree, and division (C) of section 2929.13 of	605
the Revised Code applies in determining whether to impose a prison	606
term on the offender.	607

(b) Except as otherwise provided in division (C)(4)(c), (d),	608
(e), (f), or (g) of this section, if the offense was committed in	609
the vicinity of a school or in the vicinity of a juvenile,	610
trafficking in cocaine is a felony of the fourth degree, and	611
division (C) of section 2929.13 of the Revised Code applies in	612
determining whether to impose a prison term on the offender.	613

(c) Except as otherwise provided in this division, if the	614
amount of the drug involved equals or exceeds five grams but is	615
less than ten grams of cocaine that is not crack cocaine or equals	616
or exceeds one gram but is less than five grams of crack cocaine,	617
trafficking in cocaine is a felony of the fourth degree, and there	618
is a presumption for a prison term for the offense. If the amount	619
of the drug involved is within one of those ranges and if the	620
offense was committed in the vicinity of a school or in the	621
vicinity of a juvenile, trafficking in cocaine is a felony of the	622
third degree, and there is a presumption for a prison term for the	623
offense.	624

(d) Except as otherwise provided in this division, if the	625
amount of the drug involved equals or exceeds ten grams but is	626
less than one hundred grams of cocaine that is not crack cocaine	627
or equals or exceeds five grams but is less than ten grams of	628
crack cocaine, trafficking in cocaine is a felony of the third	629
degree, and the court shall impose as a mandatory prison term one	630
of the prison terms prescribed for a felony of the third degree.	631
If the amount of the drug involved is within one of those ranges	632
and if the offense was committed in the vicinity of a school or in	633
the vicinity of a juvenile, trafficking in cocaine is a felony of	634
the second degree, and the court shall impose as a mandatory	635
prison term one of the prison terms prescribed for a felony of the	636
second degree.	637

(e) Except as otherwise provided in this division, if the	638
amount of the drug involved equals or exceeds one hundred grams	639
but is less than five hundred grams of cocaine that is not crack	640
cocaine or equals or exceeds ten grams but is less than	641
twenty-five grams of crack cocaine, trafficking in cocaine is a	642
felony of the second degree, and the court shall impose as a	643
mandatory prison term one of the prison terms prescribed for a	644
felony of the second degree. If the amount of the drug involved is	645
within one of those ranges and if the offense was committed in the	646
vicinity of a school or in the vicinity of a juvenile, trafficking	647
in cocaine is a felony of the first degree, and the court shall	648
impose as a mandatory prison term one of the prison terms	649
prescribed for a felony of the first degree.	650

(f) If the amount of the drug involved equals or exceeds five	651
hundred grams but is less than one thousand grams of cocaine that	652
is not crack cocaine or equals or exceeds twenty-five grams but is	653
less than one hundred grams of crack cocaine and regardless of	654
whether the offense was committed in the vicinity of a school or	655
in the vicinity of a juvenile, trafficking in cocaine is a felony	656
of the first degree, and the court shall impose as a mandatory	657
prison term one of the prison terms prescribed for a felony of the	658
first degree.	659

(g) If the amount of the drug involved equals or exceeds one	660
thousand grams of cocaine that is not crack cocaine or equals or	661
exceeds one hundred grams of crack cocaine and regardless of	662
whether the offense was committed in the vicinity of a school or	663
in the vicinity of a juvenile, trafficking in cocaine is a felony	664
of the first degree, the offender is a major drug offender, and	665
the court shall impose as a mandatory prison term the maximum	666
prison term prescribed for a felony of the first degree and may	667
impose an additional mandatory prison term prescribed for a major	668
drug offender under division (D)(3)(b) of section 2929.14 of the	669
Revised Code.	670

(5) If the drug involved in the violation is L.S.D. or a	671
compound, mixture, preparation, or substance containing L.S.D.,	672
whoever violates division (A) of this section is guilty of	673
trafficking in L.S.D. The penalty for the offense shall be	674
determined as follows:	675

(a) Except as otherwise provided in division (C)(5)(b), (c),	676
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	677
felony of the fifth degree, and division (C) of section 2929.13 of	678
the Revised Code applies in determining whether to impose a prison	679
term on the offender.	680

(b) Except as otherwise provided in division (C)(5)(c), (d),	681
(e), (f), or (g) of this section, if the offense was committed in	682
the vicinity of a school or in the vicinity of a juvenile,	683
trafficking in L.S.D. is a felony of the fourth degree, and	684
division (C) of section 2929.13 of the Revised Code applies in	685
determining whether to impose a prison term on the offender.	686

(c) Except as otherwise provided in this division, if the	687
amount of the drug involved equals or exceeds ten unit doses but	688
is less than fifty unit doses of L.S.D. in a solid form or equals	689
or exceeds one gram but is less than five grams of L.S.D. in a	690
liquid concentrate, liquid extract, or liquid distillate form,	691
trafficking in L.S.D. is a felony of the fourth degree, and there	692
is a presumption for a prison term for the offense. If the amount	693
of the drug involved is within that range and if the offense was	694
committed in the vicinity of a school or in the vicinity of a	695
juvenile, trafficking in L.S.D. is a felony of the third degree,	696
and there is a presumption for a prison term for the offense.	697

(d) Except as otherwise provided in this division, if the	698
amount of the drug involved equals or exceeds fifty unit doses but	699
is less than two hundred fifty unit doses of L.S.D. in a solid	700
form or equals or exceeds five grams but is less than twenty-five	701
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	702
distillate form, trafficking in L.S.D. is a felony of the third	703
degree, and the court shall impose as a mandatory prison term one	704
of the prison terms prescribed for a felony of the third degree.	705
If the amount of the drug involved is within that range and if the	706
offense was committed in the vicinity of a school or in the	707
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	708
second degree, and the court shall impose as a mandatory prison	709
term one of the prison terms prescribed for a felony of the second	710
degree.	711

(e) Except as otherwise provided in this division, if the	712
amount of the drug involved equals or exceeds two hundred fifty	713
unit doses but is less than one thousand unit doses of L.S.D. in a	714
solid form or equals or exceeds twenty-five grams but is less than	715
one hundred grams of L.S.D. in a liquid concentrate, liquid	716
extract, or liquid distillate form, trafficking in L.S.D. is a	717
felony of the second degree, and the court shall impose as a	718
mandatory prison term one of the prison terms prescribed for a	719
felony of the second degree. If the amount of the drug involved is	720
within that range and if the offense was committed in the vicinity	721
of a school or in the vicinity of a juvenile, trafficking in	722
L.S.D. is a felony of the first degree, and the court shall impose	723
as a mandatory prison term one of the prison terms prescribed for	724
a felony of the first degree.	725

(f) If the amount of the drug involved equals or exceeds one	726
thousand unit doses but is less than five thousand unit doses of	727
L.S.D. in a solid form or equals or exceeds one hundred grams but	728
is less than five hundred grams of L.S.D. in a liquid concentrate,	729
liquid extract, or liquid distillate form and regardless of	730
whether the offense was committed in the vicinity of a school or	731
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	732
of the first degree, and the court shall impose as a mandatory	733
prison term one of the prison terms prescribed for a felony of the	734
first degree.	735

(g) If the amount of the drug involved equals or exceeds five	736
thousand unit doses of L.S.D. in a solid form or equals or exceeds	737
five hundred grams of L.S.D. in a liquid concentrate, liquid	738
extract, or liquid distillate form and regardless of whether the	739
offense was committed in the vicinity of a school or in the	740
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	741
first degree, the offender is a major drug offender, and the court	742
shall impose as a mandatory prison term the maximum prison term	743
prescribed for a felony of the first degree and may impose an	744
additional mandatory prison term prescribed for a major drug	745
offender under division (D)(3)(b) of section 2929.14 of the	746
Revised Code.	747

(6) If the drug involved in the violation is heroin or a	748
compound, mixture, preparation, or substance containing heroin,	749
whoever violates division (A) of this section is guilty of	750
trafficking in heroin. The penalty for the offense shall be	751
determined as follows:	752

(a) Except as otherwise provided in division (C)(6)(b), (c),	753
(d), (e), (f), or (g) of this section, trafficking in heroin is a	754
felony of the fifth degree, and division (C) of section 2929.13 of	755
the Revised Code applies in determining whether to impose a prison	756
term on the offender.	757

(b) Except as otherwise provided in division (C)(6)(c), (d),	758
(e), (f), or (g) of this section, if the offense was committed in	759
the vicinity of a school or in the vicinity of a juvenile,	760
trafficking in heroin is a felony of the fourth degree, and	761
division (C) of section 2929.13 of the Revised Code applies in	762
determining whether to impose a prison term on the offender.	763

(c) Except as otherwise provided in this division, if the	764
amount of the drug involved equals or exceeds ten unit doses but	765
is less than fifty unit doses or equals or exceeds one gram but is	766
less than five grams, trafficking in heroin is a felony of the	767
fourth degree, and there is a presumption for a prison term for	768
the offense. If the amount of the drug involved is within that	769
range and if the offense was committed in the vicinity of a school	770
or in the vicinity of a juvenile, trafficking in heroin is a	771
felony of the third degree, and there is a presumption for a	772
prison term for the offense.	773

(d) Except as otherwise provided in this division, if the	774
amount of the drug involved equals or exceeds fifty unit doses but	775
is less than one hundred unit doses or equals or exceeds five	776
grams but is less than ten grams, trafficking in heroin is a	777
felony of the third degree, and there is a presumption for a	778
prison term for the offense. If the amount of the drug involved	779
is within that range and if the offense was committed in the	780
vicinity of a school or in the vicinity of a juvenile, trafficking	781
in heroin is a felony of the second degree, and there is a	782
presumption for a prison term for the offense.	783

(e) Except as otherwise provided in this division, if the	784
amount of the drug involved equals or exceeds one hundred unit	785
doses but is less than five hundred unit doses or equals or	786
exceeds ten grams but is less than fifty grams, trafficking in	787
heroin is a felony of the second degree, and the court shall	788
impose as a mandatory prison term one of the prison terms	789
prescribed for a felony of the second degree. If the amount of the	790
drug involved is within that range and if the offense was	791
committed in the vicinity of a school or in the vicinity of a	792
juvenile, trafficking in heroin is a felony of the first degree,	793
and the court shall impose as a mandatory prison term one of the	794
prison terms prescribed for a felony of the first degree.	795

(f) If the amount of the drug involved equals or exceeds five	796
hundred unit doses but is less than two thousand five hundred unit	797
doses or equals or exceeds fifty grams but is less than two	798
hundred fifty grams and regardless of whether the offense was	799
committed in the vicinity of a school or in the vicinity of a	800
juvenile, trafficking in heroin is a felony of the first degree,	801
and the court shall impose as a mandatory prison term one of the	802
prison terms prescribed for a felony of the first degree.	803

(g) If the amount of the drug involved equals or exceeds two	804
thousand five hundred unit doses or equals or exceeds two hundred	805
fifty grams and regardless of whether the offense was committed in	806
the vicinity of a school or in the vicinity of a juvenile,	807
trafficking in heroin is a felony of the first degree, the	808
offender is a major drug offender, and the court shall impose as a	809
mandatory prison term the maximum prison term prescribed for a	810
felony of the first degree and may impose an additional mandatory	811
prison term prescribed for a major drug offender under division	812
(D)(3)(b) of section 2929.14 of the Revised Code.	813

(7) If the drug involved in the violation is hashish or a	814
compound, mixture, preparation, or substance containing hashish,	815
whoever violates division (A) of this section is guilty of	816
trafficking in hashish. The penalty for the offense shall be	817
determined as follows:	818

(a) Except as otherwise provided in division (C)(7)(b), (c),	819
(d), (e), or (f) of this section, trafficking in hashish is a	820
felony of the fifth degree, and division (C) of section 2929.13 of	821
the Revised Code applies in determining whether to impose a prison	822
term on the offender.	823

(b) Except as otherwise provided in division (C)(7)(c), (d),	824
(e), or (f) of this section, if the offense was committed in the	825
vicinity of a school or in the vicinity of a juvenile, trafficking	826
in hashish is a felony of the fourth degree, and division (C) of	827
section 2929.13 of the Revised Code applies in determining whether	828
to impose a prison term on the offender.	829

(c) Except as otherwise provided in this division, if the	830
amount of the drug involved equals or exceeds ten grams but is	831
less than fifty grams of hashish in a solid form or equals or	832
exceeds two grams but is less than ten grams of hashish in a	833
liquid concentrate, liquid extract, or liquid distillate form,	834
trafficking in hashish is a felony of the fourth degree, and	835
division (C) of section 2929.13 of the Revised Code applies in	836
determining whether to impose a prison term on the offender. If	837
the amount of the drug involved is within that range and if the	838
offense was committed in the vicinity of a school or in the	839
vicinity of a juvenile, trafficking in hashish is a felony of the	840
third degree, and division (C) of section 2929.13 of the Revised	841
Code applies in determining whether to impose a prison term on the	842
offender.	843

(d) Except as otherwise provided in this division, if the	844
amount of the drug involved equals or exceeds fifty grams but is	845
less than two hundred fifty grams of hashish in a solid form or	846
equals or exceeds ten grams but is less than fifty grams of	847
hashish in a liquid concentrate, liquid extract, or liquid	848
distillate form, trafficking in hashish is a felony of the third	849
degree, and division (C) of section 2929.13 of the Revised Code	850
applies in determining whether to impose a prison term on the	851
offender. If the amount of the drug involved is within that range	852
and if the offense was committed in the vicinity of a school or in	853
the vicinity of a juvenile, trafficking in hashish is a felony of	854
the second degree, and there is a presumption that a prison term	855
shall be imposed for the offense.	856

(e) Except as otherwise provided in this division, if the	857
amount of the drug involved equals or exceeds two hundred fifty	858
grams but is less than one thousand grams of hashish in a solid	859
form or equals or exceeds fifty grams but is less than two hundred	860
grams of hashish in a liquid concentrate, liquid extract, or	861
liquid distillate form, trafficking in hashish is a felony of the	862
third degree, and there is a presumption that a prison term shall	863
be imposed for the offense. If the amount of the drug involved is	864
within that range and if the offense was committed in the vicinity	865
of a school or in the vicinity of a juvenile, trafficking in	866
hashish is a felony of the second degree, and there is a	867
presumption that a prison term shall be imposed for the offense.	868

(f) Except as otherwise provided in this division, if the	869
amount of the drug involved equals or exceeds one thousand grams	870
of hashish in a solid form or equals or exceeds two hundred grams	871
of hashish in a liquid concentrate, liquid extract, or liquid	872
distillate form, trafficking in hashish is a felony of the second	873
degree, and the court shall impose as a mandatory prison term the	874
maximum prison term prescribed for a felony of the second degree.	875
If the amount of the drug involved is within that range and if the	876
offense was committed in the vicinity of a school or in the	877
vicinity of a juvenile, trafficking in hashish is a felony of the	878
first degree, and the court shall impose as a mandatory prison	879
term the maximum prison term prescribed for a felony of the first	880
degree.	881

(D) In addition to any prison term authorized or required by	882
division (C) of this section and sections 2929.13 and 2929.14 of	883
the Revised Code, and in addition to any other sanction imposed	884
for the offense under this section or sections 2929.11 to 2929.18	885
of the Revised Code, the court that sentences an offender who is	886
convicted of or pleads guilty to a violation of division (A) of	887
this section shall do all of the following that are applicable	888
regarding the offender:	889

(1) If the violation of division (A) of this section is a	890
felony of the first, second, or third degree, the court shall	891
impose upon the offender the mandatory fine specified for the	892
offense under division (B)(1) of section 2929.18 of the Revised	893
Code unless, as specified in that division, the court determines	894
that the offender is indigent. Except as otherwise provided in	895
division (H)(1) of this section, a mandatory fine or any other	896
fine imposed for a violation of this section is subject to	897
division (F) of this section. If a person is charged with a	898
violation of this section that is a felony of the first, second,	899
or third degree, posts bail, and forfeits the bail, the clerk of	900
the court shall pay the forfeited bail pursuant to divisions	901
(D)(1) and (F) of this section, as if the forfeited bail was a	902
fine imposed for a violation of this section. If any amount of the	903
forfeited bail remains after that payment and if a fine is imposed	904
under division (H)(1) of this section, the clerk of the court	905
shall pay the remaining amount of the forfeited bail pursuant to	906
divisions (H)(2) and (3) of this section, as if that remaining	907
amount was a fine imposed under division (H)(1) of this section.	908

(2) The court shall suspend the driver's or commercial	909
driver's license or permit of the offender in accordance with	910
division (G) of this section.	911

(3) If the offender is a professionally licensed person, the	912
court immediately shall comply with section 2925.38 of the Revised	913
Code.	914

(E) When a person is charged with the sale of or offer to	915
sell a bulk amount or a multiple of a bulk amount of a controlled	916
substance, the jury, or the court trying the accused, shall	917
determine the amount of the controlled substance involved at the	918
time of the offense and, if a guilty verdict is returned, shall	919
return the findings as part of the verdict. In any such case, it	920
is unnecessary to find and return the exact amount of the	921
controlled substance involved, and it is sufficient if the finding	922
and return is to the effect that the amount of the controlled	923
substance involved is the requisite amount, or that the amount of	924
the controlled substance involved is less than the requisite	925
amount.	926

(F)(1) Notwithstanding any contrary provision of section	927
3719.21 of the Revised Code and except as provided in division (H)	928
of this section, the clerk of the court shall pay any mandatory	929
fine imposed pursuant to division (D)(1) of this section and any	930
fine other than a mandatory fine that is imposed for a violation	931
of this section pursuant to division (A) or (B)(5) of section	932
2929.18 of the Revised Code to the county, township, municipal	933
corporation, park district, as created pursuant to section 511.18	934
or 1545.04 of the Revised Code, or state law enforcement agencies	935
in this state that primarily were responsible for or involved in	936
making the arrest of, and in prosecuting, the offender. However,	937
the clerk shall not pay a mandatory fine so imposed to a law	938
enforcement agency unless the agency has adopted a written	939
internal control policy under division (F)(2) of this section that	940
addresses the use of the fine moneys that it receives. Each agency	941
shall use the mandatory fines so paid to subsidize the agency's	942
law enforcement efforts that pertain to drug offenses, in	943
accordance with the written internal control policy adopted by the	944
recipient agency under division (F)(2) of this section.	945

(2)(a) Prior to receiving any fine moneys under division	946
(F)(1) of this section or division (B) of section 2925.42 of the	947
Revised Code, a law enforcement agency shall adopt a written	948
internal control policy that addresses the agency's use and	949
disposition of all fine moneys so received and that provides for	950
the keeping of detailed financial records of the receipts of those	951
fine moneys, the general types of expenditures made out of those	952
fine moneys, and the specific amount of each general type of	953
expenditure. The policy shall not provide for or permit the	954
identification of any specific expenditure that is made in an	955
ongoing investigation. All financial records of the receipts of	956
those fine moneys, the general types of expenditures made out of	957
those fine moneys, and the specific amount of each general type of	958
expenditure by an agency are public records open for inspection	959
under section 149.43 of the Revised Code. Additionally, a written	960
internal control policy adopted under this division is such a	961
public record, and the agency that adopted it shall comply with	962
it.	963

(b) Each law enforcement agency that receives in any calendar	964
year any fine moneys under division (F)(1) of this section or	965
division (B) of section 2925.42 of the Revised Code shall prepare	966
a report covering the calendar year that cumulates all of the	967
information contained in all of the public financial records kept	968
by the agency pursuant to division (F)(2)(a) of this section for	969
that calendar year, and shall send a copy of the cumulative	970
report, no later than the first day of March in the calendar year	971
following the calendar year covered by the report, to the attorney	972
general. Each report received by the attorney general is a public	973
record open for inspection under section 149.43 of the Revised	974
Code. Not later than the fifteenth day of April in the calendar	975
year in which the reports are received, the attorney general shall	976
send to the president of the senate and the speaker of the house	977
of representatives a written notification that does all of the	978
following:	979

(i) Indicates that the attorney general has received from law	980
enforcement agencies reports of the type described in this	981
division that cover the previous calendar year and indicates that	982
the reports were received under this division;	983

(ii) Indicates that the reports are open for inspection under	984
section 149.43 of the Revised Code;	985

(iii) Indicates that the attorney general will provide a copy	986
of any or all of the reports to the president of the senate or the	987
speaker of the house of representatives upon request.	988

(3) As used in division (F) of this section:

989

(a) "Law enforcement agencies" includes, but is not limited	990
to, the state board of pharmacy and the office of a prosecutor.	991

(b) "Prosecutor" has the same meaning as in section 2935.01	992
of the Revised Code.	993

(G) When required under division (D)(2) of this section or	994
any other provision of this chapter, the court shall suspend for	995
not less than six months or more than five years the driver's or	996
commercial driver's license or permit of any person who is	997
convicted of or pleads guilty to any violation of this section or	998
any other specified provision of this chapter. If an offender's	999
driver's or commercial driver's license or permit is suspended	1000
pursuant to this division, the offender, at any time after the	1001
expiration of two years from the day on which the offender's	1002
sentence was imposed or from the day on which the offender finally	1003
was released from a prison term under the sentence, whichever is	1004
later, may file a motion with the sentencing court requesting	1005
termination of the suspension; upon the filing of such a motion	1006
and the court's finding of good cause for the termination, the	1007
court may terminate the suspension.	1008

(H)(1) In addition to any prison term authorized or required	1009
by division (C) of this section and sections 2929.13 and 2929.14	1010
of the Revised Code, in addition to any other penalty or sanction	1011
imposed for the offense under this section or sections 2929.11 to	1012
2929.18 of the Revised Code, and in addition to the forfeiture of	1013
property in connection with the offense as prescribed in Chapter	1014
2981. of the Revised Code, the court that sentences an offender	1015
who is convicted of or pleads guilty to a violation of division	1016
(A) of this section may impose upon the offender an additional	1017
fine specified for the offense in division (B)(4) of section	1018
2929.18 of the Revised Code. A fine imposed under division (H)(1)	1019
of this section is not subject to division (F) of this section and	1020
shall be used solely for the support of one or more eligible	1021
alcohol and drug addiction programs in accordance with divisions	1022
(H)(2) and (3) of this section.	1023

(2) The court that imposes a fine under division (H)(1) of	1024
this section shall specify in the judgment that imposes the fine	1025
one or more eligible alcohol and drug addiction programs for the	1026
support of which the fine money is to be used. No alcohol and drug	1027
addiction program shall receive or use money paid or collected in	1028
satisfaction of a fine imposed under division (H)(1) of this	1029
section unless the program is specified in the judgment that	1030
imposes the fine. No alcohol and drug addiction program shall be	1031
specified in the judgment unless the program is an eligible	1032
alcohol and drug addiction program and, except as otherwise	1033
provided in division (H)(2) of this section, unless the program is	1034
located in the county in which the court that imposes the fine is	1035
located or in a county that is immediately contiguous to the	1036
county in which that court is located. If no eligible alcohol and	1037
drug addiction program is located in any of those counties, the	1038
judgment may specify an eligible alcohol and drug addiction	1039
program that is located anywhere within this state.	1040

(3) Notwithstanding any contrary provision of section 3719.21	1041
of the Revised Code, the clerk of the court shall pay any fine	1042
imposed under division (H)(1) of this section to the eligible	1043
alcohol and drug addiction program specified pursuant to division	1044
(H)(2) of this section in the judgment. The eligible alcohol and	1045
drug addiction program that receives the fine moneys shall use the	1046
moneys only for the alcohol and drug addiction services identified	1047
in the application for certification under section 3793.06 of the	1048
Revised Code or in the application for a license under section	1049
3793.11 of the Revised Code filed with the department of alcohol	1050
and drug addiction services by the alcohol and drug addiction	1051
program specified in the judgment.	1052

(4) Each alcohol and drug addiction program that receives in	1053
a calendar year any fine moneys under division (H)(3) of this	1054
section shall file an annual report covering that calendar year	1055
with the court of common pleas and the board of county	1056
commissioners of the county in which the program is located, with	1057
the court of common pleas and the board of county commissioners of	1058
each county from which the program received the moneys if that	1059
county is different from the county in which the program is	1060
located, and with the attorney general. The alcohol and drug	1061
addiction program shall file the report no later than the first	1062
day of March in the calendar year following the calendar year in	1063
which the program received the fine moneys. The report shall	1064
include statistics on the number of persons served by the alcohol	1065
and drug addiction program, identify the types of alcohol and drug	1066
addiction services provided to those persons, and include a	1067
specific accounting of the purposes for which the fine moneys	1068
received were used. No information contained in the report shall	1069
identify, or enable a person to determine the identity of, any	1070
person served by the alcohol and drug addiction program. Each	1071
report received by a court of common pleas, a board of county	1072
commissioners, or the attorney general is a public record open for	1073
inspection under section 149.43 of the Revised Code.	1074

(5) As used in divisions (H)(1) to (5) of this section:

1075

(a) "Alcohol and drug addiction program" and "alcohol and	1076
drug addiction services" have the same meanings as in section	1077
3793.01 of the Revised Code.	1078

(b) "Eligible alcohol and drug addiction program" means an	1079
alcohol and drug addiction program that is certified under section	1080
3793.06 of the Revised Code or licensed under section 3793.11 of	1081
the Revised Code by the department of alcohol and drug addiction	1082
services.	1083

(I) As used in this section, "drug" includes any substance	1084
that is represented to be a drug.	1085

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	1086
or use a controlled substance.	1087

(B) This section does not apply to any of the following:

1088

(1) Manufacturers, licensed health professionals authorized	1089
to prescribe drugs, pharmacists, owners of pharmacies, and other	1090
persons whose conduct was in accordance with Chapters 3719.,	1091
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1092

(2) If the offense involves an anabolic steroid, any person	1093
who is conducting or participating in a research project involving	1094
the use of an anabolic steroid if the project has been approved by	1095
the United States food and drug administration;	1096

(3) Any person who sells, offers for sale, prescribes,	1097
dispenses, or administers for livestock or other nonhuman species	1098
an anabolic steroid that is expressly intended for administration	1099
through implants to livestock or other nonhuman species and	1100
approved for that purpose under the "Federal Food, Drug, and	1101
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1102
and is sold, offered for sale, prescribed, dispensed, or	1103
administered for that purpose in accordance with that act;	1104

(4) Any person who obtained the controlled substance pursuant	1105
to a lawful prescription issued by a licensed health professional	1106
authorized to prescribe drugs.	1107

(C) Whoever violates division (A) of this section is guilty	1108
of one of the following:	1109

(1) If the drug involved in the violation is a compound,	1110
mixture, preparation, or substance included in schedule I or II,	1111
with the exception of marihuana, cocaine, L.S.D., heroin, and	1112
hashish, whoever violates division (A) of this section is guilty	1113
of aggravated possession of drugs. The penalty for the offense	1114
shall be determined as follows:	1115

(a) Except as otherwise provided in division (C)(1)(b), (c),	1116
(d), or (e) of this section, aggravated possession of drugs is a	1117
felony of the fifth degree, and division (B) of section 2929.13 of	1118
the Revised Code applies in determining whether to impose a prison	1119
term on the offender.	1120

(b) If the amount of the drug involved equals or exceeds the	1121
bulk amount but is less than five times the bulk amount,	1122
aggravated possession of drugs is a felony of the third degree,	1123
and there is a presumption for a prison term for the offense.	1124

(c) If the amount of the drug involved equals or exceeds five	1125
times the bulk amount but is less than fifty times the bulk	1126
amount, aggravated possession of drugs is a felony of the second	1127
degree, and the court shall impose as a mandatory prison term one	1128
of the prison terms prescribed for a felony of the second degree.	1129

(d) If the amount of the drug involved equals or exceeds	1130
fifty times the bulk amount but is less than one hundred times the	1131
bulk amount, aggravated possession of drugs is a felony of the	1132
first degree, and the court shall impose as a mandatory prison	1133
term one of the prison terms prescribed for a felony of the first	1134
degree.	1135

(e) If the amount of the drug involved equals or exceeds one	1136
hundred times the bulk amount, aggravated possession of drugs is a	1137
felony of the first degree, the offender is a major drug offender,	1138
and the court shall impose as a mandatory prison term the maximum	1139
prison term prescribed for a felony of the first degree and may	1140
impose an additional mandatory prison term prescribed for a major	1141
drug offender under division (D)(3)(b) of section 2929.14 of the	1142
Revised Code.	1143

(2) If the drug involved in the violation is a compound,	1144
mixture, preparation, or substance included in schedule III, IV,	1145
or V, whoever violates division (A) of this section is guilty of	1146
possession of drugs. The penalty for the offense shall be	1147
determined as follows:	1148

(a) Except as otherwise provided in division (C)(2)(b), (c),	1149
or (d) of this section, possession of drugs is a misdemeanor	1150
felony of the thirdfifth degree or, if the offender previously	1151
has been convicted of a drug abuse offense, a misdemeanor of the	1152
secondfelony of the fourth degree. If the drug involved in the	1153
violation is an anabolic steroid included in schedule III and if	1154
the offense is a misdemeanor of the third degree under this	1155
division, in lieu of sentencing the offender to a term of	1156
imprisonment in a detention facility, the court may place the	1157
offender under a community control sanction, as defined in section	1158
2929.01 of the Revised Code, that requires the offender to perform	1159
supervised community service work pursuant to division (B) of	1160
section 2951.02 of the Revised Code.	1161

(b) If the amount of the drug involved equals or exceeds the	1162
bulk amount but is less than five times the bulk amount,	1163
possession of drugs is a felony of the fourth degree, and division	1164
(C) of section 2929.13 of the Revised Code applies in determining	1165
whether to impose a prison term on the offender.	1166

(c) If the amount of the drug involved equals or exceeds five	1167
times the bulk amount but is less than fifty times the bulk	1168
amount, possession of drugs is a felony of the third degree, and	1169
there is a presumption for a prison term for the offense.	1170

(d) If the amount of the drug involved equals or exceeds	1171
fifty times the bulk amount, possession of drugs is a felony of	1172
the second degree, and the court shall impose upon the offender as	1173
a mandatory prison term one of the prison terms prescribed for a	1174
felony of the second degree.	1175

(3) If the drug involved in the violation is marihuana or a	1176
compound, mixture, preparation, or substance containing marihuana	1177
other than hashish, whoever violates division (A) of this section	1178
is guilty of possession of marihuana. The penalty for the offense	1179
shall be determined as follows:	1180

(a) Except as otherwise provided in division (C)(3)(b), (c),	1181
(d), (e), or (f) of this section, possession of marihuana is a	1182
minor misdemeanor.	1183

(b) If the amount of the drug involved equals or exceeds one	1184
hundred grams but is less than two hundred grams, possession of	1185
marihuana is a misdemeanor of the fourth degree.	1186

(c) If the amount of the drug involved equals or exceeds two	1187
hundred grams but is less than one thousand grams, possession of	1188
marihuana is a felony of the fifth degree, and division (B) of	1189
section 2929.13 of the Revised Code applies in determining whether	1190
to impose a prison term on the offender.	1191

(d) If the amount of the drug involved equals or exceeds one	1192
thousand grams but is less than five thousand grams, possession of	1193
marihuana is a felony of the third degree, and division (C) of	1194
section 2929.13 of the Revised Code applies in determining whether	1195
to impose a prison term on the offender.	1196

(e) If the amount of the drug involved equals or exceeds five	1197
thousand grams but is less than twenty thousand grams, possession	1198
of marihuana is a felony of the third degree, and there is a	1199
presumption that a prison term shall be imposed for the offense.	1200

(f) If the amount of the drug involved equals or exceeds	1201
twenty thousand grams, possession of marihuana is a felony of the	1202
second degree, and the court shall impose as a mandatory prison	1203
term the maximum prison term prescribed for a felony of the second	1204
degree.	1205

(4) If the drug involved in the violation is cocaine or a	1206
compound, mixture, preparation, or substance containing cocaine,	1207
whoever violates division (A) of this section is guilty of	1208
possession of cocaine. The penalty for the offense shall be	1209
determined as follows:	1210

(a) Except as otherwise provided in division (C)(4)(b), (c),	1211
(d), (e), or (f) of this section, possession of cocaine is a	1212
felony of the fifth degree, and division (B) of section 2929.13 of	1213
the Revised Code applies in determining whether to impose a prison	1214
term on the offender.	1215

(b) If the amount of the drug involved equals or exceeds five	1216
grams but is less than twenty-five grams of cocaine that is not	1217
crack cocaine or equals or exceeds one gram but is less than five	1218
grams of crack cocaine, possession of cocaine is a felony of the	1219
fourth degree, and there is a presumption for a prison term for	1220
the offense.	1221

(c) If the amount of the drug involved equals or exceeds	1222
twenty-five grams but is less than one hundred grams of cocaine	1223
that is not crack cocaine or equals or exceeds five grams but is	1224
less than ten grams of crack cocaine, possession of cocaine is a	1225
felony of the third degree, and the court shall impose as a	1226
mandatory prison term one of the prison terms prescribed for a	1227
felony of the third degree.	1228

(d) If the amount of the drug involved equals or exceeds one	1229
hundred grams but is less than five hundred grams of cocaine that	1230
is not crack cocaine or equals or exceeds ten grams but is less	1231
than twenty-five grams of crack cocaine, possession of cocaine is	1232
a felony of the second degree, and the court shall impose as a	1233
mandatory prison term one of the prison terms prescribed for a	1234
felony of the second degree.	1235

(e) If the amount of the drug involved equals or exceeds five	1236
hundred grams but is less than one thousand grams of cocaine that	1237
is not crack cocaine or equals or exceeds twenty-five grams but is	1238
less than one hundred grams of crack cocaine, possession of	1239
cocaine is a felony of the first degree, and the court shall	1240
impose as a mandatory prison term one of the prison terms	1241
prescribed for a felony of the first degree.	1242

(f) If the amount of the drug involved equals or exceeds one	1243
thousand grams of cocaine that is not crack cocaine or equals or	1244
exceeds one hundred grams of crack cocaine, possession of cocaine	1245
is a felony of the first degree, the offender is a major drug	1246
offender, and the court shall impose as a mandatory prison term	1247
the maximum prison term prescribed for a felony of the first	1248
degree and may impose an additional mandatory prison term	1249
prescribed for a major drug offender under division (D)(3)(b) of	1250
section 2929.14 of the Revised Code.	1251

(5) If the drug involved in the violation is L.S.D., whoever	1252
violates division (A) of this section is guilty of possession of	1253
L.S.D. The penalty for the offense shall be determined as follows:	1254

(a) Except as otherwise provided in division (C)(5)(b), (c),	1255
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1256
of the fifth degree, and division (B) of section 2929.13 of the	1257
Revised Code applies in determining whether to impose a prison	1258
term on the offender.	1259

(b) If the amount of L.S.D. involved equals or exceeds ten	1260
unit doses but is less than fifty unit doses of L.S.D. in a solid	1261
form or equals or exceeds one gram but is less than five grams of	1262
L.S.D. in a liquid concentrate, liquid extract, or liquid	1263
distillate form, possession of L.S.D. is a felony of the fourth	1264
degree, and division (C) of section 2929.13 of the Revised Code	1265
applies in determining whether to impose a prison term on the	1266
offender.	1267

(c) If the amount of L.S.D. involved equals or exceeds fifty	1268
unit doses, but is less than two hundred fifty unit doses of	1269
L.S.D. in a solid form or equals or exceeds five grams but is less	1270
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1271
extract, or liquid distillate form, possession of L.S.D. is a	1272
felony of the third degree, and there is a presumption for a	1273
prison term for the offense.	1274

(d) If the amount of L.S.D. involved equals or exceeds two	1275
hundred fifty unit doses but is less than one thousand unit doses	1276
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1277
but is less than one hundred grams of L.S.D. in a liquid	1278
concentrate, liquid extract, or liquid distillate form, possession	1279
of L.S.D. is a felony of the second degree, and the court shall	1280
impose as a mandatory prison term one of the prison terms	1281
prescribed for a felony of the second degree.	1282

(e) If the amount of L.S.D. involved equals or exceeds one	1283
thousand unit doses but is less than five thousand unit doses of	1284
L.S.D. in a solid form or equals or exceeds one hundred grams but	1285
is less than five hundred grams of L.S.D. in a liquid concentrate,	1286
liquid extract, or liquid distillate form, possession of L.S.D. is	1287
a felony of the first degree, and the court shall impose as a	1288
mandatory prison term one of the prison terms prescribed for a	1289
felony of the first degree.	1290

(f) If the amount of L.S.D. involved equals or exceeds five	1291
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1292
five hundred grams of L.S.D. in a liquid concentrate, liquid	1293
extract, or liquid distillate form, possession of L.S.D. is a	1294
felony of the first degree, the offender is a major drug offender,	1295
and the court shall impose as a mandatory prison term the maximum	1296
prison term prescribed for a felony of the first degree and may	1297
impose an additional mandatory prison term prescribed for a major	1298
drug offender under division (D)(3)(b) of section 2929.14 of the	1299
Revised Code.	1300

(6) If the drug involved in the violation is heroin or a	1301
compound, mixture, preparation, or substance containing heroin,	1302
whoever violates division (A) of this section is guilty of	1303
possession of heroin. The penalty for the offense shall be	1304
determined as follows:	1305

(a) Except as otherwise provided in division (C)(6)(b), (c),	1306
(d), (e), or (f) of this section, possession of heroin is a felony	1307
of the fifth degree, and division (B) of section 2929.13 of the	1308
Revised Code applies in determining whether to impose a prison	1309
term on the offender.	1310

(b) If the amount of the drug involved equals or exceeds ten	1311
unit doses but is less than fifty unit doses or equals or exceeds	1312
one gram but is less than five grams, possession of heroin is a	1313
felony of the fourth degree, and division (C) of section 2929.13	1314
of the Revised Code applies in determining whether to impose a	1315
prison term on the offender.	1316

(c) If the amount of the drug involved equals or exceeds	1317
fifty unit doses but is less than one hundred unit doses or equals	1318
or exceeds five grams but is less than ten grams, possession of	1319
heroin is a felony of the third degree, and there is a presumption	1320
for a prison term for the offense.	1321

(d) If the amount of the drug involved equals or exceeds one	1322
hundred unit doses but is less than five hundred unit doses or	1323
equals or exceeds ten grams but is less than fifty grams,	1324
possession of heroin is a felony of the second degree, and the	1325
court shall impose as a mandatory prison term one of the prison	1326
terms prescribed for a felony of the second degree.	1327

(e) If the amount of the drug involved equals or exceeds five	1328
hundred unit doses but is less than two thousand five hundred unit	1329
doses or equals or exceeds fifty grams but is less than two	1330
hundred fifty grams, possession of heroin is a felony of the first	1331
degree, and the court shall impose as a mandatory prison term one	1332
of the prison terms prescribed for a felony of the first degree.	1333

(f) If the amount of the drug involved equals or exceeds two	1334
thousand five hundred unit doses or equals or exceeds two hundred	1335
fifty grams, possession of heroin is a felony of the first degree,	1336
the offender is a major drug offender, and the court shall impose	1337
as a mandatory prison term the maximum prison term prescribed for	1338
a felony of the first degree and may impose an additional	1339
mandatory prison term prescribed for a major drug offender under	1340
division (D)(3)(b) of section 2929.14 of the Revised Code.	1341

(7) If the drug involved in the violation is hashish or a	1342
compound, mixture, preparation, or substance containing hashish,	1343
whoever violates division (A) of this section is guilty of	1344
possession of hashish. The penalty for the offense shall be	1345
determined as follows:	1346

(a) Except as otherwise provided in division (C)(7)(b), (c),	1347
(d), (e), or (f) of this section, possession of hashish is a minor	1348
misdemeanor.	1349

(b) If the amount of the drug involved equals or exceeds five	1350
grams but is less than ten grams of hashish in a solid form or	1351
equals or exceeds one gram but is less than two grams of hashish	1352
in a liquid concentrate, liquid extract, or liquid distillate	1353
form, possession of hashish is a misdemeanor of the fourth degree.	1354

(c) If the amount of the drug involved equals or exceeds ten	1355
grams but is less than fifty grams of hashish in a solid form or	1356
equals or exceeds two grams but is less than ten grams of hashish	1357
in a liquid concentrate, liquid extract, or liquid distillate	1358
form, possession of hashish is a felony of the fifth degree, and	1359
division (B) of section 2929.13 of the Revised Code applies in	1360
determining whether to impose a prison term on the offender.	1361

(d) If the amount of the drug involved equals or exceeds	1362
fifty grams but is less than two hundred fifty grams of hashish in	1363
a solid form or equals or exceeds ten grams but is less than fifty	1364
grams of hashish in a liquid concentrate, liquid extract, or	1365
liquid distillate form, possession of hashish is a felony of the	1366
third degree, and division (C) of section 2929.13 of the Revised	1367
Code applies in determining whether to impose a prison term on the	1368
offender.	1369

(e) If the amount of the drug involved equals or exceeds two	1370
hundred fifty grams but is less than one thousand grams of hashish	1371
in a solid form or equals or exceeds fifty grams but is less than	1372
two hundred grams of hashish in a liquid concentrate, liquid	1373
extract, or liquid distillate form, possession of hashish is a	1374
felony of the third degree, and there is a presumption that a	1375
prison term shall be imposed for the offense.	1376

(f) If the amount of the drug involved equals or exceeds one	1377
thousand grams of hashish in a solid form or equals or exceeds two	1378
hundred grams of hashish in a liquid concentrate, liquid extract,	1379
or liquid distillate form, possession of hashish is a felony of	1380
the second degree, and the court shall impose as a mandatory	1381
prison term the maximum prison term prescribed for a felony of the	1382
second degree.	1383

(D) Arrest or conviction for a minor misdemeanor violation of	1384
this section does not constitute a criminal record and need not be	1385
reported by the person so arrested or convicted in response to any	1386
inquiries about the person's criminal record, including any	1387
inquiries contained in any application for employment, license, or	1388
other right or privilege, or made in connection with the person's	1389
appearance as a witness.	1390

(E) In addition to any prison term or jail term authorized or	1391
required by division (C) of this section and sections 2929.13,	1392
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1393
addition to any other sanction that is imposed for the offense	1394
under this section, sections 2929.11 to 2929.18, or sections	1395
2929.21 to 2929.28 of the Revised Code, the court that sentences	1396
an offender who is convicted of or pleads guilty to a violation of	1397
division (A) of this section shall do all of the following that	1398
are applicable regarding the offender:	1399

(1)(a) If the violation is a felony of the first, second, or	1400
third degree, the court shall impose upon the offender the	1401
mandatory fine specified for the offense under division (B)(1) of	1402
section 2929.18 of the Revised Code unless, as specified in that	1403
division, the court determines that the offender is indigent.	1404

(b) Notwithstanding any contrary provision of section 3719.21	1405
of the Revised Code, the clerk of the court shall pay a mandatory	1406
fine or other fine imposed for a violation of this section	1407
pursuant to division (A) of section 2929.18 of the Revised Code in	1408
accordance with and subject to the requirements of division (F) of	1409
section 2925.03 of the Revised Code. The agency that receives the	1410
fine shall use the fine as specified in division (F) of section	1411
2925.03 of the Revised Code.	1412

(c) If a person is charged with a violation of this section	1413
that is a felony of the first, second, or third degree, posts	1414
bail, and forfeits the bail, the clerk shall pay the forfeited	1415
bail pursuant to division (E)(1)(b) of this section as if it were	1416
a mandatory fine imposed under division (E)(1)(a) of this section.	1417

(2) The court shall suspend for not less than six months or	1418
more than five years the offender's driver's or commercial	1419
driver's license or permit.	1420

(3) If the offender is a professionally licensed person, in	1421
addition to any other sanction imposed for a violation of this	1422
section, the court immediately shall comply with section 2925.38	1423
of the Revised Code.	1424

(F) It is an affirmative defense, as provided in section	1425
2901.05 of the Revised Code, to a charge of a fourth degree felony	1426
violation under this section that the controlled substance that	1427
gave rise to the charge is in an amount, is in a form, is	1428
prepared, compounded, or mixed with substances that are not	1429
controlled substances in a manner, or is possessed under any other	1430
circumstances, that indicate that the substance was possessed	1431
solely for personal use. Notwithstanding any contrary provision	1432
of this section, if, in accordance with section 2901.05 of the	1433
Revised Code, an accused who is charged with a fourth degree	1434
felony violation of division (C)(2), (4), (5), or (6) of this	1435
section sustains the burden of going forward with evidence of and	1436
establishes by a preponderance of the evidence the affirmative	1437
defense described in this division, the accused may be prosecuted	1438
for and may plead guilty to or be convicted of a misdemeanor	1439
violation of division (C)(2) of this section or a fifth degree	1440
felony violation of division (C)(4), (5), or (6) of this section	1441
respectively.	1442

(G) When a person is charged with possessing a bulk amount or	1443
multiple of a bulk amount, division (E) of section 2925.03 of the	1444
Revised Code applies regarding the determination of the amount of	1445
the controlled substance involved at the time of the offense.	1446

Sec. 2925.22.  (A) No person, by deception, as defined in	1447
section 2913.01 of the Revised Code, shall procure the	1448
administration of, a prescription for, or the dispensing of, a	1449
dangerous drug or shall possess an uncompleted preprinted	1450
prescription blank used for writing a prescription for a dangerous	1451
drug.	1452

(B) Whoever violates this section is guilty of deception to	1453
obtain a dangerous drug. The penalty for the offense shall be	1454
determined as follows:	1455

(1) If the person possesses an uncompleted preprinted	1456
prescription blank used for writing a prescription for a dangerous	1457
drug or if the drug involved is a dangerous drug, except as	1458
otherwise provided in division (B)(2) or (3) of this section,	1459
deception to obtain a dangerous drug is a felony of the fifth	1460
degree or, if the offender previously has been convicted of or	1461
pleaded guilty to a drug abuse offense, a felony of the fourth	1462
degree. Division (C) of section 2929.13 of the Revised Code	1463
applies in determining whether to impose a prison term on the	1464
offender pursuant to this division.	1465

(2) If the drug involved is a compound, mixture, preparation,	1466
or substance included in schedule I or II, with the exception of	1467
marihuana, the penalty for deception to obtain drugs is one of the	1468
following:	1469

(a) Except as otherwise provided in division (B)(2)(b), (c),	1470
or (d) of this section, it is a felony of the fourth degree, and	1471
division (C) of section 2929.13 of the Revised Code applies in	1472
determining whether to impose a prison term on the offender.	1473

(b) If the amount of the drug involved equals or exceeds the	1474
bulk amount but is less than five times the bulk amount, or if the	1475
amount of the drug involved that could be obtained pursuant to the	1476
prescription would equal or exceed the bulk amount but would be	1477
less than five times the bulk amount, it is a felony of the third	1478
degree, and there is a presumption for a prison term for the	1479
offense.	1480

(c) If the amount of the drug involved equals or exceeds five	1481
times the bulk amount but is less than fifty times the bulk	1482
amount, or if the amount of the drug involved that could be	1483
obtained pursuant to the prescription would equal or exceed five	1484
times the bulk amount but would be less than fifty times the bulk	1485
amount, it is a felony of the second degree, and there is a	1486
presumption for a prison term for the offense.	1487

(d) If the amount of the drug involved equals or exceeds	1488
fifty times the bulk amount, or if the amount of the drug involved	1489
that could be obtained pursuant to the prescription would equal or	1490
exceed fifty times the bulk amount, it is a felony of the first	1491
degree, and there is a presumption for a prison term for the	1492
offense.	1493

(2)(3) If the drug involved is a dangerous drug or a	1494
compound, mixture, preparation, or substance included in schedule	1495
III, IV, or V or is marihuana, the penalty for deception to obtain	1496
a dangerous drug is one of the following:	1497

(a) Except as otherwise provided in division (B)(3)(b), (c),	1498
or (d) of this section it is a felony of the fifth degree, and	1499
division (C) of section 2929.13 of the Revised Code applies in	1500
determining whether to impose a prison term on the offender.	1501

(b) If the amount of the drug involved equals or exceeds the	1502
bulk amount but is less than five times the bulk amount, or if the	1503
amount of the drug involved that could be obtained pursuant to the	1504
prescription would equal or exceed the bulk amount but would be	1505
less than five times the bulk amount, it is a felony of the fourth	1506
degree, and division (C) of section 2929.13 of the Revised Code	1507
applies in determining whether to impose a prison term on the	1508
offender.	1509

(c) If the amount of the drug involved equals or exceeds five	1510
times the bulk amount but is less than fifty times the bulk	1511
amount, or if the amount of the drug involved that could be	1512
obtained pursuant to the prescription would equal or exceed five	1513
times the bulk amount but would be less than fifty times the bulk	1514
amount, it is a felony of the third degree, and there is a	1515
presumption for a prison term for the offense.	1516

(d) If the amount of the drug involved equals or exceeds	1517
fifty times the bulk amount, or if the amount of the drug involved	1518
that could be obtained pursuant to the prescription would equal or	1519
exceed fifty times the bulk amount, it is a felony of the second	1520
degree, and there is a presumption for a prison term for the	1521
offense.	1522

(C) In addition to any prison term authorized or required by	1523
division (B) of this section and sections 2929.13 and 2929.14 of	1524
the Revised Code and in addition to any other sanction imposed for	1525
the offense under this section or sections 2929.11 to 2929.18 of	1526
the Revised Code, the court that sentences an offender who is	1527
convicted of or pleads guilty to a violation of division (A) of	1528
this section shall do both of the following:	1529

(1) The court shall suspend for not less than six months or	1530
more than five years the offender's driver's or commercial	1531
driver's license or permit.	1532

(2) If the offender is a professionally licensed person, in	1533
addition to any other sanction imposed for a violation of this	1534
section, the court immediately shall comply with section 2925.38	1535
of the Revised Code.	1536

(D) Notwithstanding any contrary provision of section 3719.21	1537
of the Revised Code, the clerk of the court shall pay a fine	1538
imposed for a violation of this section pursuant to division (A)	1539
of section 2929.18 of the Revised Code in accordance with and	1540
subject to the requirements of division (F) of section 2925.03 of	1541
the Revised Code. The agency that receives the fine shall use the	1542
fine as specified in division (F) of section 2925.03 of the	1543
Revised Code.	1544

Section 2. That existing sections 2925.01, 2925.03, 2925.11,	1545
and 2925.22 of the Revised Code are hereby repealed.	1546