As Reported by the Senate Judiciary--Criminal Justice Committee

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 109.572, 2921.41, 2925.01, 2925.03,

1

2925.11, 2925.22, 2953.32, 2961.01, and 2961.02

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of the Revised Code to provide that the

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prescription-related exemption from the drug

4

possession offenses applies only when the

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controlled substance is obtained pursuant to a

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lawful prescription, to modify the penalties for

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"deception to obtain a dangerous drug" and

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"possession of drugs" under specified

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circumstances, to modify a criterion for

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determining the penalty for the trafficking in

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drugs offenses, to make existing laws prohibiting

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a person who has been convicted of a felony,

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including the offense of theft in office, from

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holding public office and denying such person

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other specified privileges applicable upon the

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acceptance of the person's guilty plea or the

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determination of the person's guilt, and to

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remove the authority of the Bureau of Criminal

19

Identification and Investigation to review sealed

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criminal conviction records in conducting a

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criminal records check regarding license

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applicants for whom the check was required by Am.

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Sub. H.B. 104 of the 127th General Assembly.

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

Section 1. That sections 109.572, 2921.41, 2925.01, 2925.03,	25
2925.11, 2925.22, 2953.32, 2961.01, and 2961.02 of the Revised	26
Code be amended to read as follows:	27

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	28
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	29
Code, a completed form prescribed pursuant to division (C)(1) of	30
this section, and a set of fingerprint impressions obtained in	31
the manner described in division (C)(2) of this section, the	32
superintendent of the bureau of criminal identification and	33
investigation shall conduct a criminal records check in the	34
manner described in division (B) of this section to determine	35
whether any information exists that indicates that the person	36
who is the subject of the request previously has been convicted	37
of or pleaded guilty to any of the following:	38

(a) A violation of section 2903.01, 2903.02, 2903.03,	39
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	40
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	41
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	42
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	43
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	44
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	45
2925.06, or 3716.11 of the Revised Code, felonious sexual	46
penetration in violation of former section 2907.12 of the Revised	47
Code, a violation of section 2905.04 of the Revised Code as it	48
existed prior to July 1, 1996, a violation of section 2919.23 of	49
the Revised Code that would have been a violation of section	50
2905.04 of the Revised Code as it existed prior to July 1, 1996,	51
had the violation been committed prior to that date, or a	52
violation of section 2925.11 of the Revised Code that is not a	53
minor drug possession offense;	54

(b) A violation of an existing or former law of this state,	55
any other state, or the United States that is substantially	56
equivalent to any of the offenses listed in division (A)(1)(a) of	57
this section.	58

(2) On receipt of a request pursuant to section 5123.081 of	59
the Revised Code with respect to an applicant for employment in	60
any position with the department of mental retardation and	61
developmental disabilities, pursuant to section 5126.28 of the	62
Revised Code with respect to an applicant for employment in any	63
position with a county board of mental retardation and	64
developmental disabilities, or pursuant to section 5126.281 of the	65
Revised Code with respect to an applicant for employment in a	66
direct services position with an entity contracting with a county	67
board for employment, a completed form prescribed pursuant to	68
division (C)(1) of this section, and a set of fingerprint	69
impressions obtained in the manner described in division (C)(2) of	70
this section, the superintendent of the bureau of criminal	71
identification and investigation shall conduct a criminal records	72
check. The superintendent shall conduct the criminal records check	73
in the manner described in division (B) of this section to	74
determine whether any information exists that indicates that the	75
person who is the subject of the request has been convicted of or	76
pleaded guilty to any of the following:	77

(a) A violation of section 2903.01, 2903.02, 2903.03,	78
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	79
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	80
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	81
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	82
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	83
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	84
2925.03, or 3716.11 of the Revised Code;	85

(b) An existing or former municipal ordinance or law of this	86
state, any other state, or the United States that is substantially	87
equivalent to any of the offenses listed in division (A)(2)(a) of	88
this section.	89

(3) On receipt of a request pursuant to section 173.27,	90
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	91
completed form prescribed pursuant to division (C)(1) of this	92
section, and a set of fingerprint impressions obtained in the	93
manner described in division (C)(2) of this section, the	94
superintendent of the bureau of criminal identification and	95
investigation shall conduct a criminal records check with respect	96
to any person who has applied for employment in a position for	97
which a criminal records check is required by those sections. The	98
superintendent shall conduct the criminal records check in the	99
manner described in division (B) of this section to determine	100
whether any information exists that indicates that the person who	101
is the subject of the request previously has been convicted of or	102
pleaded guilty to any of the following:	103

(a) A violation of section 2903.01, 2903.02, 2903.03,	104
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	105
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	106
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	107
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	108
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	109
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	110
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	111
2925.22, 2925.23, or 3716.11 of the Revised Code;	112

(b) An existing or former law of this state, any other state,	113
or the United States that is substantially equivalent to any of	114
the offenses listed in division (A)(3)(a) of this section.	115

(4) On receipt of a request pursuant to section 3701.881 of	116
the Revised Code with respect to an applicant for employment with	117
a home health agency as a person responsible for the care,	118
custody, or control of a child, a completed form prescribed	119
pursuant to division (C)(1) of this section, and a set of	120
fingerprint impressions obtained in the manner described in	121
division (C)(2) of this section, the superintendent of the bureau	122
of criminal identification and investigation shall conduct a	123
criminal records check. The superintendent shall conduct the	124
criminal records check in the manner described in division (B) of	125
this section to determine whether any information exists that	126
indicates that the person who is the subject of the request	127
previously has been convicted of or pleaded guilty to any of the	128
following:	129

(a) A violation of section 2903.01, 2903.02, 2903.03,	130
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	131
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	132
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	133
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	134
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	135
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	136
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	137
violation of section 2925.11 of the Revised Code that is not a	138
minor drug possession offense;	139

(b) An existing or former law of this state, any other state,	140
or the United States that is substantially equivalent to any of	141
the offenses listed in division (A)(4)(a) of this section.	142

(5) On receipt of a request pursuant to section 5111.032,	143
5111.033, or 5111.034 of the Revised Code, a completed form	144
prescribed pursuant to division (C)(1) of this section, and a set	145
of fingerprint impressions obtained in the manner described in	146
division (C)(2) of this section, the superintendent of the bureau	147
of criminal identification and investigation shall conduct a	148
criminal records check. The superintendent shall conduct the	149
criminal records check in the manner described in division (B) of	150
this section to determine whether any information exists that	151
indicates that the person who is the subject of the request	152
previously has been convicted of, has pleaded guilty to, or has	153
been found eligible for intervention in lieu of conviction for	154
any of the following:	155

(a) A violation of section 2903.01, 2903.02, 2903.03,	156
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	157
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	158
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	159
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	160
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	161
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	162
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	163
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	164
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	165
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	166
3716.11 of the Revised Code, felonious sexual penetration in	167
violation of former section 2907.12 of the Revised Code, a	168
violation of section 2905.04 of the Revised Code as it existed	169
prior to July 1, 1996, a violation of section 2919.23 of the	170
Revised Code that would have been a violation of section 2905.04	171
of the Revised Code as it existed prior to July 1, 1996, had the	172
violation been committed prior to that date;	173

(b) An existing or former law of this state, any other state,	174
or the United States that is substantially equivalent to any of	175
the offenses listed in division (A)(5)(a) of this section.	176

(6) On receipt of a request pursuant to section 3701.881 of	177
the Revised Code with respect to an applicant for employment with	178
a home health agency in a position that involves providing direct	179
care to an older adult, a completed form prescribed pursuant to	180
division (C)(1) of this section, and a set of fingerprint	181
impressions obtained in the manner described in division (C)(2) of	182
this section, the superintendent of the bureau of criminal	183
identification and investigation shall conduct a criminal records	184
check. The superintendent shall conduct the criminal records check	185
in the manner described in division (B) of this section to	186
determine whether any information exists that indicates that the	187
person who is the subject of the request previously has been	188
convicted of or pleaded guilty to any of the following:	189

(a) A violation of section 2903.01, 2903.02, 2903.03,	190
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	191
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	192
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	193
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	194
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	195
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	196
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	197
2925.22, 2925.23, or 3716.11 of the Revised Code;	198

(b) An existing or former law of this state, any other state,	199
or the United States that is substantially equivalent to any of	200
the offenses listed in division (A)(6)(a) of this section.	201

(7) When conducting a criminal records check upon a request	202
pursuant to section 3319.39 of the Revised Code for an applicant	203
who is a teacher, in addition to the determination made under	204
division (A)(1) of this section, the superintendent shall	205
determine whether any information exists that indicates that the	206
person who is the subject of the request previously has been	207
convicted of or pleaded guilty to any offense specified in section	208
3319.31 of the Revised Code.	209

(8) On receipt of a request pursuant to section 2151.86 of	210
the Revised Code, a completed form prescribed pursuant to	211
division (C)(1) of this section, and a set of fingerprint	212
impressions obtained in the manner described in division (C)(2)	213
of this section, the superintendent of the bureau of criminal	214
identification and investigation shall conduct a criminal records	215
check in the manner described in division (B) of this section to	216
determine whether any information exists that indicates that the	217
person who is the subject of the request previously has been	218
convicted of or pleaded guilty to any of the following:	219

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	220
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	221
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	222
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	223
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	224
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	225
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	226
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	227
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	228
of the Revised Code, a violation of section 2905.04 of the	229
Revised Code as it existed prior to July 1, 1996, a violation of	230
section 2919.23 of the Revised Code that would have been a	231
violation of section 2905.04 of the Revised Code as it existed	232
prior to July 1, 1996, had the violation been committed prior to	233
that date, a violation of section 2925.11 of the Revised Code	234
that is not a minor drug possession offense, two or more OVI or	235
OVUAC violations committed within the three years immediately	236
preceding the submission of the application or petition that is	237
the basis of the request, or felonious sexual penetration in	238
violation of former section 2907.12 of the Revised Code;	239

(b) A violation of an existing or former law of this state,	240
any other state, or the United States that is substantially	241
equivalent to any of the offenses listed in division (A)(8)(a) of	242
this section.	243

(9) Upon receipt of a request pursuant to section 5104.012	244
or 5104.013 of the Revised Code, a completed form prescribed	245
pursuant to division (C)(1) of this section, and a set of	246
fingerprint impressions obtained in the manner described in	247
division (C)(2) of this section, the superintendent of the bureau	248
of criminal identification and investigation shall conduct a	249
criminal records check in the manner described in division (B) of	250
this section to determine whether any information exists that	251
indicates that the person who is the subject of the request has	252
been convicted of or pleaded guilty to any of the following:	253

(a) A violation of section 2903.01, 2903.02, 2903.03,	254
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	255
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	256
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	257
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	258
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	259
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	260
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	261
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	262
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	263
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	264
3716.11 of the Revised Code, felonious sexual penetration in	265
violation of former section 2907.12 of the Revised Code, a	266
violation of section 2905.04 of the Revised Code as it existed	267
prior to July 1, 1996, a violation of section 2919.23 of the	268
Revised Code that would have been a violation of section 2905.04	269
of the Revised Code as it existed prior to July 1, 1996, had the	270
violation been committed prior to that date, a violation of	271
section 2925.11 of the Revised Code that is not a minor drug	272
possession offense, a violation of section 2923.02 or 2923.03 of	273
the Revised Code that relates to a crime specified in this	274
division, or a second violation of section 4511.19 of the	275
Revised Code within five years of the date of application for	276
licensure or certification.	277

(b) A violation of an existing or former law of this state,	278
any other state, or the United States that is substantially	279
equivalent to any of the offenses or violations described in	280
division (A)(9)(a) of this section.	281

(10) Upon receipt of a request pursuant to section 5153.111	282
of the Revised Code, a completed form prescribed pursuant to	283
division (C)(1) of this section, and a set of fingerprint	284
impressions obtained in the manner described in division (C)(2) of	285
this section, the superintendent of the bureau of criminal	286
identification and investigation shall conduct a criminal records	287
check in the manner described in division (B) of this section to	288
determine whether any information exists that indicates that the	289
person who is the subject of the request previously has been	290
convicted of or pleaded guilty to any of the following:	291

(a) A violation of section 2903.01, 2903.02, 2903.03,	292
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	293
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	294
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	295
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	296
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	297
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	298
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	299
felonious sexual penetration in violation of former section	300
2907.12 of the Revised Code, a violation of section 2905.04 of the	301
Revised Code as it existed prior to July 1, 1996, a violation of	302
section 2919.23 of the Revised Code that would have been a	303
violation of section 2905.04 of the Revised Code as it existed	304
prior to July 1, 1996, had the violation been committed prior to	305
that date, or a violation of section 2925.11 of the Revised Code	306
that is not a minor drug possession offense;	307

(b) A violation of an existing or former law of this state,	308
any other state, or the United States that is substantially	309
equivalent to any of the offenses listed in division (A)(10)(a) of	310
this section.	311

(11) On receipt of a request for a criminal records check	312
from an individual pursuant to section 4749.03 or 4749.06 of the	313
Revised Code, accompanied by a completed copy of the form	314
prescribed in division (C)(1) of this section and a set of	315
fingerprint impressions obtained in a manner described in division	316
(C)(2) of this section, the superintendent of the bureau of	317
criminal identification and investigation shall conduct a criminal	318
records check in the manner described in division (B) of this	319
section to determine whether any information exists indicating	320
that the person who is the subject of the request has been	321
convicted of or pleaded guilty to a felony in this state or in any	322
other state. If the individual indicates that a firearm will be	323
carried in the course of business, the superintendent shall	324
require information from the federal bureau of investigation as	325
described in division (B)(2) of this section. The superintendent	326
shall report the findings of the criminal records check and any	327
information the federal bureau of investigation provides to the	328
director of public safety.	329

(12) On receipt of a request pursuant to section 1322.03,	330
1322.031, or 4763.05 of the Revised Code, a completed form	331
prescribed pursuant to division (C)(1) of this section, and a set	332
of fingerprint impressions obtained in the manner described in	333
division (C)(2) of this section, the superintendent of the bureau	334
of criminal identification and investigation shall conduct a	335
criminal records check with respect to any person who has applied	336
for a license, permit, or certification from the department of	337
commerce or a division in the department. The superintendent shall	338
conduct the criminal records check in the manner described in	339
division (B) of this section to determine whether any information	340
exists that indicates that the person who is the subject of the	341
request previously has been convicted of or pleaded guilty to any	342
of the following: a violation of section 2913.02, 2913.11,	343
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	344
criminal offense involving theft, receiving stolen property,	345
embezzlement, forgery, fraud, passing bad checks, money	346
laundering, or drug trafficking, or any criminal offense involving	347
money or securities, as set forth in Chapters 2909., 2911., 2913.,	348
2915., 2921., 2923., and 2925. of the Revised Code; or any	349
existing or former law of this state, any other state, or the	350
United States that is substantially equivalent to those offenses.	351

(13) On receipt of a request for a criminal records check	352
from the treasurer of state under section 113.041 of the Revised	353
Code or from an individual under section 4701.08, 4715.101,	354
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	355
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	356
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	357
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	358
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	359
by a completed form prescribed under division (C)(1) of this	360
section and a set of fingerprint impressions obtained in the	361
manner described in division (C)(2) of this section, the	362
superintendent of the bureau of criminal identification and	363
investigation shall conduct a criminal records check in the	364
manner described in division (B) of this section to determine	365
whether any information exists that indicates that the person who	366
is the subject of the request has been convicted of or pleaded	367
guilty to any criminal offense in this state or any other state.	368
The superintendent shall send the results of a check requested	369
under section 113.041 of the Revised Code to the treasurer of	370
state and shall send the results of a check requested under any of	371
the other listed sections to the licensing board specified by the	372
individual in the request.	373

(14) Not later than thirty days after the date the	374
superintendent receives a request of a type described in division	375
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or	376
(12) of this section, the completed form, and the fingerprint	377
impressions, the superintendent shall send the person, board, or	378
entity that made the request any information, other than	379
information the dissemination of which is prohibited by federal	380
law, the superintendent determines exists with respect to the	381
person who is the subject of the request that indicates that the	382
person previously has been convicted of or pleaded guilty to any	383
offense listed or described in division (A)(1), (2), (3), (4),	384
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	385
appropriate. The superintendent shall send the person, board, or	386
entity that made the request a copy of the list of offenses	387
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	388
(9), (10), (11), or (12) of this section, as appropriate. If the	389
request was made under section 3701.881 of the Revised Code with	390
regard to an applicant who may be both responsible for the care,	391
custody, or control of a child and involved in providing direct	392
care to an older adult, the superintendent shall provide a list of	393
the offenses specified in divisions (A)(4) and (6) of this	394
section.	395

Not later than thirty days after the superintendent receives	396
a request for a criminal records check pursuant to section 113.041	397
of the Revised Code, the completed form, and the fingerprint	398
impressions, the superintendent shall send the treasurer of state	399
any information, other than information the dissemination of which	400
is prohibited by federal law, the superintendent determines exist	401
with respect to the person who is the subject of the request that	402
indicates that the person previously has been convicted of or	403
pleaded guilty to any criminal offense in this state or any other	404
state.	405

(B) The superintendent shall conduct any criminal records	406
check requested under section 113.041, 121.08, 173.27, 173.394,	407
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	408
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	409
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	410
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	411
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	412
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	413
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	414
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	415
5126.281, or 5153.111 of the Revised Code as follows:	416

(1) The superintendent shall review or cause to be reviewed	417
any relevant information gathered and compiled by the bureau under	418
division (A) of section 109.57 of the Revised Code that relates to	419
the person who is the subject of the request, including, if the	420
criminal records check was requested under section 113.041,	421
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	422
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	423
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	424
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	425
the Revised Code, any relevant information contained in records	426
that have been sealed under section 2953.32 of the Revised Code;	427

(2) If the request received by the superintendent asks for	428
information from the federal bureau of investigation, the	429
superintendent shall request from the federal bureau of	430
investigation any information it has with respect to the person	431
who is the subject of the request, including fingerprint-based	432
checks of national crime information databases as described in 42	433
U.S.C. 671 if the request is made pursuant to section 2151.86,	434
5104.012, or 5104.013 of the Revised Code or if any other Revised	435
Code section requires fingerprint-based checks of that nature, and	436
shall review or cause to be reviewed any information the	437
superintendent receives from that bureau.	438

(3) The superintendent or the superintendent's designee may	439
request criminal history records from other states or the federal	440
government pursuant to the national crime prevention and privacy	441
compact set forth in section 109.571 of the Revised Code.	442

(C)(1) The superintendent shall prescribe a form to obtain	443
the information necessary to conduct a criminal records check from	444
any person for whom a criminal records check is requested under	445
section 113.041 of the Revised Code or required by section	446
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	447
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	448
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	449
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	450
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	451
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	452
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	453
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	454
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	455
that the superintendent prescribes pursuant to this division may	456
be in a tangible format, in an electronic format, or in both	457
tangible and electronic formats.	458

(2) The superintendent shall prescribe standard impression	459
sheets to obtain the fingerprint impressions of any person for	460
whom a criminal records check is requested under section 113.041	461
of the Revised Code or required by section 121.08, 173.27,	462
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	463
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	464
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	465
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	466
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	467
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	468
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	469
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	470
5126.281, or 5153.111 of the Revised Code. Any person for whom a	471
records check is requested under or required by any of those	472
sections shall obtain the fingerprint impressions at a county	473
sheriff's office, municipal police department, or any other	474
entity with the ability to make fingerprint impressions on the	475
standard impression sheets prescribed by the superintendent. The	476
office, department, or entity may charge the person a reasonable	477
fee for making the impressions. The standard impression sheets the	478
superintendent prescribes pursuant to this division may be in a	479
tangible format, in an electronic format, or in both tangible and	480
electronic formats.	481

(3) Subject to division (D) of this section, the	482
superintendent shall prescribe and charge a reasonable fee for	483
providing a criminal records check requested under section	484
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	485
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	486
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	487
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	488
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	489
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	490
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	491
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	492
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	493
the Revised Code. The person making a criminal records request	494
under any of those sections shall pay the fee prescribed	495
pursuant to this division. A person making a request under	496
section 3701.881 of the Revised Code for a criminal records	497
check for an applicant who may be both responsible for the care,	498
custody, or control of a child and involved in providing direct	499
care to an older adult shall pay one fee for the request. In	500
the case of a request under section 5111.032 of the Revised	501
Code, the fee shall be paid in the manner specified in that	502
section.	503

(4) The superintendent of the bureau of criminal	504
identification and investigation may prescribe methods of	505
forwarding fingerprint impressions and information necessary to	506
conduct a criminal records check, which methods shall include, but	507
not be limited to, an electronic method.	508

(D) A determination whether any information exists that	509
indicates that a person previously has been convicted of or	510
pleaded guilty to any offense listed or described in division	511
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	512
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	513
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	514
section, or that indicates that a person previously has been	515
convicted of or pleaded guilty to any criminal offense in this	516
state or any other state regarding a criminal records check of a	517
type described in division (A)(13) of this section, and that is	518
made by the superintendent with respect to information	519
considered in a criminal records check in accordance with this	520
section is valid for the person who is the subject of the	521
criminal records check for a period of one year from the date	522
upon which the superintendent makes the determination. During the	523
period in which the determination in regard to a person is valid,	524
if another request under this section is made for a criminal	525
records check for that person, the superintendent shall provide	526
the information that is the basis for the superintendent's	527
initial determination at a lower fee than the fee prescribed for	528
the initial criminal records check.	529

(E) As used in this section:

530

(1) "Criminal records check" means any criminal records check	531
conducted by the superintendent of the bureau of criminal	532
identification and investigation in accordance with division (B)	533
of this section.	534

(2) "Minor drug possession offense" has the same meaning as	535
in section 2925.01 of the Revised Code.	536

(3) "Older adult" means a person age sixty or older.

537

(4) "OVI or OVUAC violation" means a violation of section	538
4511.19 of the Revised Code or a violation of an existing or	539
former law of this state, any other state, or the United States	540
that is substantially equivalent to section 4511.19 of the Revised	541
Code.	542

Sec. 2921.41.  (A) No public official or party official shall	543
commit any theft offense, as defined in division (K) of section	544
2913.01 of the Revised Code, when either of the following applies:	545

(1) The offender uses the offender's office in aid of	546
committing the offense or permits or assents to its use in aid of	547
committing the offense;	548

(2) The property or service involved is owned by this state,	549
any other state, the United States, a county, a municipal	550
corporation, a township, or any political subdivision, department,	551
or agency of any of them, is owned by a political party, or is	552
part of a political campaign fund.	553

(B) Whoever violates this section is guilty of theft in	554
office. Except as otherwise provided in this division, theft in	555
office is a felony of the fifth degree. If the value of property	556
or services stolen is five hundred dollars or more and is less	557
than five thousand dollars, theft in office is a felony of the	558
fourth degree. If the value of property or services stolen is five	559
thousand dollars or more, theft in office is a felony of the third	560
degree.	561

(C)(1) A public official or party official who is convicted	562
of or pleads guilty to theft in office and whose plea is accepted	563
by the court or a public official or party official against whom	564
a verdict or finding of guilt for committing theft in office is	565
returned is forever disqualified from holding any public office,	566
employment, or position of trust in this state.	567

(2)(a) A court that imposes sentence for a violation of this	568
section based on conduct described in division (A)(2) of this	569
section shall require the public official or party official who is	570
convicted of or pleads guilty to the offense to make restitution	571
for all of the property or the service that is the subject of the	572
offense, in addition to the term of imprisonment and any fine	573
imposed. A court that imposes sentence for a violation of this	574
section based on conduct described in division (A)(1) of this	575
section and that determines at trial that this state or a	576
political subdivision of this state if the offender is a public	577
official, or a political party in the United States or this state	578
if the offender is a party official, suffered actual loss as a	579
result of the offense shall require the offender to make	580
restitution to the state, political subdivision, or political	581
party for all of the actual loss experienced, in addition to the	582
term of imprisonment and any fine imposed.	583

(b)(i) In any case in which a sentencing court is required to	584
order restitution under division (C)(2)(a) of this section and in	585
which the offender, at the time of the commission of the offense	586
or at any other time, was a member of the public employees	587
retirement system, the Ohio police and fire pension fund, the	588
state teachers retirement system, the school employees retirement	589
system, or the state highway patrol retirement system; was an	590
electing employee, as defined in section 3305.01 of the Revised	591
Code, participating in an alternative retirement plan provided	592
pursuant to Chapter 3305. of the Revised Code; was a participating	593
employee or continuing member, as defined in section 148.01 of the	594
Revised Code, in a deferred compensation program offered by the	595
Ohio public employees deferred compensation board; was an officer	596
or employee of a municipal corporation who was a participant in a	597
deferred compensation program offered by that municipal	598
corporation; was an officer or employee of a government unit, as	599
defined in section 148.06 of the Revised Code, who was a	600
participant in a deferred compensation program offered by that	601
government unit, or was a participating employee, continuing	602
member, or participant in any deferred compensation program	603
described in this division and a member of a retirement system	604
specified in this division or a retirement system of a municipal	605
corporation, the entity to which restitution is to be made may	606
file a motion with the sentencing court specifying any retirement	607
system, any provider as defined in section 3305.01 of the Revised	608
Code, and any deferred compansationcompensation program of which	609
the offender was a member, electing employee, participating	610
employee, continuing member, or participant and requesting the	611
court to issue an order requiring the specified retirement system,	612
the specified provider under the alternative retirement plan, or	613
the specified deferred compensation program, or, if more than one	614
is specified in the motion, the applicable combination of these,	615
to withhold the amount required as restitution from any payment	616
that is to be made under a pension, annuity, or allowance, under	617
an option in the alternative retirement plan, under a participant	618
account, as defined in section 148.01 of the Revised Code, or	619
under any other type of benefit, other than a survivorship	620
benefit, that has been or is in the future granted to the	621
offender, from any payment of accumulated employee contributions	622
standing to the offender's credit with that retirement system,	623
that provider of the option under the alternative retirement plan,	624
or that deferred compensation program, or, if more than one is	625
specified in the motion, the applicable combination of these, and	626
from any payment of any other amounts to be paid to the offender	627
upon the offender's withdrawal of the offender's contributions	628
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	629
the Revised Code. A motion described in this division may be filed	630
at any time subsequent to the conviction of the offender or entry	631
of a guilty plea. Upon the filing of the motion, the clerk of the	632
court in which the motion is filed shall notify the offender, the	633
specified retirement system, the specified provider under the	634
alternative retirement plan, or the specified deferred	635
compensation program, or, if more than one is specified in the	636
motion, the applicable combination of these, in writing, of all of	637
the following: that the motion was filed; that the offender will	638
be granted a hearing on the issuance of the requested order if the	639
offender files a written request for a hearing with the clerk	640
prior to the expiration of thirty days after the offender receives	641
the notice; that, if a hearing is requested, the court will	642
schedule a hearing as soon as possible and notify the offender,	643
any specified retirement system, any specified provider under an	644
alternative retirement plan, and any specified deferred	645
compensation program of the date, time, and place of the hearing;	646
that, if a hearing is conducted, it will be limited only to a	647
consideration of whether the offender can show good cause why the	648
requested order should not be issued; that, if a hearing is	649
conducted, the court will not issue the requested order if the	650
court determines, based on evidence presented at the hearing by	651
the offender, that there is good cause for the requested order not	652
to be issued; that the court will issue the requested order if a	653
hearing is not requested or if a hearing is conducted but the	654
court does not determine, based on evidence presented at the	655
hearing by the offender, that there is good cause for the	656
requested order not to be issued; and that, if the requested order	657
is issued, any retirement system, any provider under an	658
alternative retirement plan, and any deferred compensation program	659
specified in the motion will be required to withhold the amount	660
required as restitution from payments to the offender.	661

(ii) In any case in which a sentencing court is required to	662
order restitution under division (C)(2)(a) of this section and in	663
which a motion requesting the issuance of a withholding order as	664
described in division (C)(2)(b)(i) of this section is filed, the	665
offender may receive a hearing on the motion by delivering a	666
written request for a hearing to the court prior to the expiration	667
of thirty days after the offender's receipt of the notice provided	668
pursuant to division (C)(2)(b)(i) of this section. If a request	669
for a hearing is made by the offender within the prescribed time,	670
the court shall schedule a hearing as soon as possible after the	671
request is made and shall notify the offender, the specified	672
retirement system, the specified provider under the alternative	673
retirement plan, or the specified deferred compensation program,	674
or, if more than one is specified in the motion, the applicable	675
combination of these, of the date, time, and place of the hearing.	676
A hearing scheduled under this division shall be limited to a	677
consideration of whether there is good cause, based on evidence	678
presented by the offender, for the requested order not to be	679
issued. If the court determines, based on evidence presented by	680
the offender, that there is good cause for the order not to be	681
issued, the court shall deny the motion and shall not issue the	682
requested order. If the offender does not request a hearing	683
within the prescribed time or if the court conducts a hearing but	684
does not determine, based on evidence presented by the offender,	685
that there is good cause for the order not to be issued, the court	686
shall order the specified retirement system, the specified	687
provider under the alternative retirement plan, or the specified	688
deferred compensation program, or, if more than one is specified	689
in the motion, the applicable combination of these, to withhold	690
the amount required as restitution under division (C)(2)(a) of	691
this section from any payments to be made under a pension,	692
annuity, or allowance, under a participant account, as defined in	693
section 148.01 of the Revised Code, under an option in the	694
alternative retirement plan, or under any other type of benefit,	695
other than a survivorship benefit, that has been or is in the	696
future granted to the offender, from any payment of accumulated	697
employee contributions standing to the offender's credit with that	698
retirement system, that provider under the alternative retirement	699
plan, or that deferred compensation program, or, if more than one	700
is specified in the motion, the applicable combination of these,	701
and from any payment of any other amounts to be paid to the	702
offender upon the offender's withdrawal of the offender's	703
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	704
or 5505. of the Revised Code, and to continue the withholding for	705
that purpose, in accordance with the order, out of each payment to	706
be made on or after the date of issuance of the order, until	707
further order of the court. Upon receipt of an order issued under	708
this division, the public employees retirement system, the Ohio	709
police and fire pension fund, the state teachers retirement	710
system, the school employees retirement system, the state highway	711
patrol retirement system, a municipal corporation retirement	712
system, the provider under the alternative retirement plan, and	713
the deferred compensation program offered by the Ohio public	714
employees deferred compensation board, a municipal corporation, or	715
a government unit, as defined in section 148.06 of the Revised	716
Code, whichever are applicable, shall withhold the amount required	717
as restitution, in accordance with the order, from any such	718
payments and immediately shall forward the amount withheld to the	719
clerk of the court in which the order was issued for payment to	720
the entity to which restitution is to be made.	721

(iii) Service of a notice required by division (C)(2)(b)(i)	722
or (ii) of this section shall be effected in the same manner as	723
provided in the Rules of Civil Procedure for the service of	724
process.	725

(D) Upon the filing of charges against a person under this	726
section, the prosecutor, as defined in section 2935.01 of the	727
Revised Code, who is assigned the case shall send written notice	728
that charges have been filed against that person to the public	729
employees retirement system, the Ohio police and fire pension	730
fund, the state teachers retirement system, the school employees	731
retirement system, the state highway patrol retirement system, the	732
provider under an alternative retirement plan, any municipal	733
corporation retirement system in this state, and the deferred	734
compensation program offered by the Ohio public employees deferred	735
compensation board, a municipal corporation, or a government unit,	736
as defined in section 148.06 of the Revised Code. The written	737
notice shall specifically identify the person charged.	738

Sec. 2925.01.  As used in this chapter:

739

(A) "Administer," "controlled substance," "dispense,"	740
"distribute," "hypodermic," "manufacturer," "official written	741
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	742
"schedule II," "schedule III," "schedule IV," "schedule V," and	743
"wholesaler" have the same meanings as in section 3719.01 of the	744
Revised Code.	745

(B) "Drug dependent person" and "drug of abuse" have the same	746
meanings as in section 3719.011 of the Revised Code.	747

(C) "Drug," "dangerous drug," "licensed health professional	748
authorized to prescribe drugs," and "prescription" have the same	749
meanings as in section 4729.01 of the Revised Code.	750

(D) "Bulk amount" of a controlled substance means any of the	751
following:	752

(1) For any compound, mixture, preparation, or substance	753
included in schedule I, schedule II, or schedule III, with the	754
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	755
except as provided in division (D)(2) or (5) of this section,	756
whichever of the following is applicable:	757

(a) An amount equal to or exceeding ten grams or twenty-five	758
unit doses of a compound, mixture, preparation, or substance that	759
is or contains any amount of a schedule I opiate or opium	760
derivative;	761

(b) An amount equal to or exceeding ten grams of a compound,	762
mixture, preparation, or substance that is or contains any amount	763
of raw or gum opium;	764

(c) An amount equal to or exceeding thirty grams or ten unit	765
doses of a compound, mixture, preparation, or substance that is or	766
contains any amount of a schedule I hallucinogen other than	767
tetrahydrocannabinol or lysergic acid amide, or a schedule I	768
stimulant or depressant;	769

(d) An amount equal to or exceeding twenty grams or five	770
times the maximum daily dose in the usual dose range specified in	771
a standard pharmaceutical reference manual of a compound, mixture,	772
preparation, or substance that is or contains any amount of a	773
schedule II opiate or opium derivative;	774

(e) An amount equal to or exceeding five grams or ten unit	775
doses of a compound, mixture, preparation, or substance that is or	776
contains any amount of phencyclidine;	777

(f) An amount equal to or exceeding one hundred twenty grams	778
or thirty times the maximum daily dose in the usual dose range	779
specified in a standard pharmaceutical reference manual of a	780
compound, mixture, preparation, or substance that is or contains	781
any amount of a schedule II stimulant that is in a final dosage	782
form manufactured by a person authorized by the "Federal Food,	783
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	784
amended, and the federal drug abuse control laws, as defined in	785
section 3719.01 of the Revised Code, that is or contains any	786
amount of a schedule II depressant substance or a schedule II	787
hallucinogenic substance;	788

(g) An amount equal to or exceeding three grams of a	789
compound, mixture, preparation, or substance that is or contains	790
any amount of a schedule II stimulant, or any of its salts or	791
isomers, that is not in a final dosage form manufactured by a	792
person authorized by the Federal Food, Drug, and Cosmetic Act and	793
the federal drug abuse control laws.	794

(2) An amount equal to or exceeding one hundred twenty grams	795
or thirty times the maximum daily dose in the usual dose range	796
specified in a standard pharmaceutical reference manual of a	797
compound, mixture, preparation, or substance that is or contains	798
any amount of a schedule III or IV substance other than an	799
anabolic steroid or a schedule III opiate or opium derivative;	800

(3) An amount equal to or exceeding twenty grams or five	801
times the maximum daily dose in the usual dose range specified in	802
a standard pharmaceutical reference manual of a compound, mixture,	803
preparation, or substance that is or contains any amount of a	804
schedule III opiate or opium derivative;	805

(4) An amount equal to or exceeding two hundred fifty	806
milliliters or two hundred fifty grams of a compound, mixture,	807
preparation, or substance that is or contains any amount of a	808
schedule V substance;	809

(5) An amount equal to or exceeding two hundred solid dosage	810
units, sixteen grams, or sixteen milliliters of a compound,	811
mixture, preparation, or substance that is or contains any amount	812
of a schedule III anabolic steroid.	813

(E) "Unit dose" means an amount or unit of a compound,	814
mixture, or preparation containing a controlled substance that is	815
separately identifiable and in a form that indicates that it is	816
the amount or unit by which the controlled substance is separately	817
administered to or taken by an individual.	818

(F) "Cultivate" includes planting, watering, fertilizing, or	819
tilling.	820

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

821

(1) A violation of division (A) of section 2913.02 that	822
constitutes theft of drugs, or a violation of section 2925.02,	823
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	824
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	825
2925.37 of the Revised Code;	826

(2) A violation of an existing or former law of this or any	827
other state or of the United States that is substantially	828
equivalent to any section listed in division (G)(1) of this	829
section;	830

(3) An offense under an existing or former law of this or any	831
other state, or of the United States, of which planting,	832
cultivating, harvesting, processing, making, manufacturing,	833
producing, shipping, transporting, delivering, acquiring,	834
possessing, storing, distributing, dispensing, selling, inducing	835
another to use, administering to another, using, or otherwise	836
dealing with a controlled substance is an element;	837

(4) A conspiracy to commit, attempt to commit, or complicity	838
in committing or attempting to commit any offense under division	839
(G)(1), (2), or (3) of this section.	840

(H) "Felony drug abuse offense" means any drug abuse offense	841
that would constitute a felony under the laws of this state, any	842
other state, or the United States.	843

(I) "Harmful intoxicant" does not include beer or	844
intoxicating liquor but means any of the following:	845

(1) Any compound, mixture, preparation, or substance the gas,	846
fumes, or vapor of which when inhaled can induce intoxication,	847
excitement, giddiness, irrational behavior, depression,	848
stupefaction, paralysis, unconsciousness, asphyxiation, or other	849
harmful physiological effects, and includes, but is not limited	850
to, any of the following:	851

(a) Any volatile organic solvent, plastic cement, model	852
cement, fingernail polish remover, lacquer thinner, cleaning	853
fluid, gasoline, or other preparation containing a volatile	854
organic solvent;	855

(b) Any aerosol propellant;

856

(c) Any fluorocarbon refrigerant;

857

(d) Any anesthetic gas.

858

(2) Gamma Butyrolactone;

859

(3) 1,4 Butanediol.

860

(J) "Manufacture" means to plant, cultivate, harvest,	861
process, make, prepare, or otherwise engage in any part of the	862
production of a drug, by propagation, extraction, chemical	863
synthesis, or compounding, or any combination of the same, and	864
includes packaging, repackaging, labeling, and other activities	865
incident to production.	866

(K) "Possess" or "possession" means having control over a	867
thing or substance, but may not be inferred solely from mere	868
access to the thing or substance through ownership or occupation	869
of the premises upon which the thing or substance is found.	870

(L) "Sample drug" means a drug or pharmaceutical preparation	871
that would be hazardous to health or safety if used without the	872
supervision of a licensed health professional authorized to	873
prescribe drugs, or a drug of abuse, and that, at one time, had	874
been placed in a container plainly marked as a sample by a	875
manufacturer.	876

(M) "Standard pharmaceutical reference manual" means the	877
current edition, with cumulative changes if any, of any of the	878
following reference works:	879

(1) "The National Formulary";

880

(2) "The United States Pharmacopeia," prepared by authority	881
of the United States Pharmacopeial Convention, Inc.;	882

(3) Other standard references that are approved by the state	883
board of pharmacy.	884

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

885

(O) "Counterfeit controlled substance" means any of the	886
following:	887

(1) Any drug that bears, or whose container or label bears, a	888
trademark, trade name, or other identifying mark used without	889
authorization of the owner of rights to that trademark, trade	890
name, or identifying mark;	891

(2) Any unmarked or unlabeled substance that is represented	892
to be a controlled substance manufactured, processed, packed, or	893
distributed by a person other than the person that manufactured,	894
processed, packed, or distributed it;	895

(3) Any substance that is represented to be a controlled	896
substance but is not a controlled substance or is a different	897
controlled substance;	898

(4) Any substance other than a controlled substance that a	899
reasonable person would believe to be a controlled substance	900
because of its similarity in shape, size, and color, or its	901
markings, labeling, packaging, distribution, or the price for	902
which it is sold or offered for sale.	903

(P) An offense is "committed in the vicinity of a school" if	904
the offender commits the offense on school premises, in a school	905
building, or within one thousand feet of the boundaries of any	906
school premises, regardless of whether the offender knows the	907
offense is being committed on school premises, in a school	908
building, or within one thousand feet of the boundaries of any	909
school premises.	910

(Q) "School" means any school operated by a board of	911
education, any community school established under Chapter 3314. of	912
the Revised Code, or any nonpublic school for which the state	913
board of education prescribes minimum standards under section	914
3301.07 of the Revised Code, whether or not any instruction,	915
extracurricular activities, or training provided by the school is	916
being conducted at the time a criminal offense is committed.	917

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

918

(1) The parcel of real property on which any school is	919
situated, whether or not any instruction, extracurricular	920
activities, or training provided by the school is being conducted	921
on the premises at the time a criminal offense is committed;	922

(2) Any other parcel of real property that is owned or leased	923
by a board of education of a school, the governing authority of a	924
community school established under Chapter 3314. of the Revised	925
Code, or the governing body of a nonpublic school for which the	926
state board of education prescribes minimum standards under	927
section 3301.07 of the Revised Code and on which some of the	928
instruction, extracurricular activities, or training of the school	929
is conducted, whether or not any instruction, extracurricular	930
activities, or training provided by the school is being conducted	931
on the parcel of real property at the time a criminal offense is	932
committed.	933

(S) "School building" means any building in which any of the	934
instruction, extracurricular activities, or training provided by a	935
school is conducted, whether or not any instruction,	936
extracurricular activities, or training provided by the school is	937
being conducted in the school building at the time a criminal	938
offense is committed.	939

(T) "Disciplinary counsel" means the disciplinary counsel	940
appointed by the board of commissioners on grievances and	941
discipline of the supreme court under the Rules for the Government	942
of the Bar of Ohio.	943

(U) "Certified grievance committee" means a duly constituted	944
and organized committee of the Ohio state bar association or of	945
one or more local bar associations of the state of Ohio that	946
complies with the criteria set forth in Rule V, section 6 of the	947
Rules for the Government of the Bar of Ohio.	948

(V) "Professional license" means any license, permit,	949
certificate, registration, qualification, admission, temporary	950
license, temporary permit, temporary certificate, or temporary	951
registration that is described in divisions (W)(1) to (36) of this	952
section and that qualifies a person as a professionally licensed	953
person.	954

(W) "Professionally licensed person" means any of the	955
following:	956

(1) A person who has obtained a license as a manufacturer of	957
controlled substances or a wholesaler of controlled substances	958
under Chapter 3719. of the Revised Code;	959

(2) A person who has received a certificate or temporary	960
certificate as a certified public accountant or who has registered	961
as a public accountant under Chapter 4701. of the Revised Code and	962
who holds an Ohio permit issued under that chapter;	963

(3) A person who holds a certificate of qualification to	964
practice architecture issued or renewed and registered under	965
Chapter 4703. of the Revised Code;	966

(4) A person who is registered as a landscape architect under	967
Chapter 4703. of the Revised Code or who holds a permit as a	968
landscape architect issued under that chapter;	969

(5) A person licensed under Chapter 4707. of the Revised	970
Code;	971

(6) A person who has been issued a certificate of	972
registration as a registered barber under Chapter 4709. of the	973
Revised Code;	974

(7) A person licensed and regulated to engage in the business	975
of a debt pooling company by a legislative authority, under	976
authority of Chapter 4710. of the Revised Code;	977

(8) A person who has been issued a cosmetologist's license,	978
hair designer's license, manicurist's license, esthetician's	979
license, natural hair stylist's license, managing cosmetologist's	980
license, managing hair designer's license, managing manicurist's	981
license, managing esthetician's license, managing natural hair	982
stylist's license, cosmetology instructor's license, hair design	983
instructor's license, manicurist instructor's license, esthetics	984
instructor's license, natural hair style instructor's license,	985
independent contractor's license, or tanning facility permit under	986
Chapter 4713. of the Revised Code;	987

(9) A person who has been issued a license to practice	988
dentistry, a general anesthesia permit, a conscious intravenous	989
sedation permit, a limited resident's license, a limited teaching	990
license, a dental hygienist's license, or a dental hygienist's	991
teacher's certificate under Chapter 4715. of the Revised Code;	992

(10) A person who has been issued an embalmer's license, a	993
funeral director's license, a funeral home license, or a crematory	994
license, or who has been registered for an embalmer's or funeral	995
director's apprenticeship under Chapter 4717. of the Revised Code;	996

(11) A person who has been licensed as a registered nurse or	997
practical nurse, or who has been issued a certificate for the	998
practice of nurse-midwifery under Chapter 4723. of the Revised	999
Code;	1000

(12) A person who has been licensed to practice optometry or	1001
to engage in optical dispensing under Chapter 4725. of the Revised	1002
Code;	1003

(13) A person licensed to act as a pawnbroker under Chapter	1004
4727. of the Revised Code;	1005

(14) A person licensed to act as a precious metals dealer	1006
under Chapter 4728. of the Revised Code;	1007

(15) A person licensed as a pharmacist, a pharmacy intern, a	1008
wholesale distributor of dangerous drugs, or a terminal	1009
distributor of dangerous drugs under Chapter 4729. of the Revised	1010
Code;	1011

(16) A person who is authorized to practice as a physician	1012
assistant under Chapter 4730. of the Revised Code;	1013

(17) A person who has been issued a certificate to practice	1014
medicine and surgery, osteopathic medicine and surgery, a limited	1015
branch of medicine, or podiatry under Chapter 4731. of the Revised	1016
Code;	1017

(18) A person licensed as a psychologist or school	1018
psychologist under Chapter 4732. of the Revised Code;	1019

(19) A person registered to practice the profession of	1020
engineering or surveying under Chapter 4733. of the Revised Code;	1021

(20) A person who has been issued a license to practice	1022
chiropractic under Chapter 4734. of the Revised Code;	1023

(21) A person licensed to act as a real estate broker or real	1024
estate salesperson under Chapter 4735. of the Revised Code;	1025

(22) A person registered as a registered sanitarian under	1026
Chapter 4736. of the Revised Code;	1027

(23) A person licensed to operate or maintain a junkyard	1028
under Chapter 4737. of the Revised Code;	1029

(24) A person who has been issued a motor vehicle salvage	1030
dealer's license under Chapter 4738. of the Revised Code;	1031

(25) A person who has been licensed to act as a steam	1032
engineer under Chapter 4739. of the Revised Code;	1033

(26) A person who has been issued a license or temporary	1034
permit to practice veterinary medicine or any of its branches, or	1035
who is registered as a graduate animal technician under Chapter	1036
4741. of the Revised Code;	1037

(27) A person who has been issued a hearing aid dealer's or	1038
fitter's license or trainee permit under Chapter 4747. of the	1039
Revised Code;	1040

(28) A person who has been issued a class A, class B, or	1041
class C license or who has been registered as an investigator or	1042
security guard employee under Chapter 4749. of the Revised Code;	1043

(29) A person licensed and registered to practice as a	1044
nursing home administrator under Chapter 4751. of the Revised	1045
Code;	1046

(30) A person licensed to practice as a speech-language	1047
pathologist or audiologist under Chapter 4753. of the Revised	1048
Code;	1049

(31) A person issued a license as an occupational therapist	1050
or physical therapist under Chapter 4755. of the Revised Code;	1051

(32) A person who is licensed as a professional clinical	1052
counselor or professional counselor, licensed as a social worker	1053
or independent social worker, or registered as a social work	1054
assistant under Chapter 4757. of the Revised Code;	1055

(33) A person issued a license to practice dietetics under	1056
Chapter 4759. of the Revised Code;	1057

(34) A person who has been issued a license or limited permit	1058
to practice respiratory therapy under Chapter 4761. of the Revised	1059
Code;	1060

(35) A person who has been issued a real estate appraiser	1061
certificate under Chapter 4763. of the Revised Code;	1062

(36) A person who has been admitted to the bar by order of	1063
the supreme court in compliance with its prescribed and published	1064
rules.	1065

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

1066

(1) A cocaine salt, isomer, or derivative, a salt of a	1067
cocaine isomer or derivative, or the base form of cocaine;	1068

(2) Coca leaves or a salt, compound, derivative, or	1069
preparation of coca leaves, including ecgonine, a salt, isomer, or	1070
derivative of ecgonine, or a salt of an isomer or derivative of	1071
ecgonine;	1072

(3) A salt, compound, derivative, or preparation of a	1073
substance identified in division (X)(1) or (2) of this section	1074
that is chemically equivalent to or identical with any of those	1075
substances, except that the substances shall not include	1076
decocainized coca leaves or extraction of coca leaves if the	1077
extractions do not contain cocaine or ecgonine.	1078

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

1079

(Z) "Hashish" means the resin or a preparation of the resin	1080
contained in marihuana, whether in solid form or in a liquid	1081
concentrate, liquid extract, or liquid distillate form.	1082

(AA) "Marihuana" has the same meaning as in section 3719.01	1083
of the Revised Code, except that it does not include hashish.	1084

(BB) An offense is "committed in the vicinity of a juvenile"	1085
if the offender commits the offense within one hundred feet of a	1086
juvenile or within the view of a juvenile, regardless of whether	1087
the offender knows the age of the juvenile, whether the offender	1088
knows the offense is being committed within one hundred feet of or	1089
within view of the juvenile, or whether the juvenile actually	1090
views the commission of the offense.	1091

(CC) "Presumption for a prison term" or "presumption that a	1092
prison term shall be imposed" means a presumption, as described in	1093
division (D) of section 2929.13 of the Revised Code, that a prison	1094
term is a necessary sanction for a felony in order to comply with	1095
the purposes and principles of sentencing under section 2929.11 of	1096
the Revised Code.	1097

(DD) "Major drug offender" has the same meaning as in section	1098
2929.01 of the Revised Code.	1099

(EE) "Minor drug possession offense" means either of the	1100
following:	1101

(1) A violation of section 2925.11 of the Revised Code as it	1102
existed prior to July 1, 1996;	1103

(2) A violation of section 2925.11 of the Revised Code as it	1104
exists on and after July 1, 1996, that is a misdemeanor or a	1105
felony of the fifth degree.	1106

(FF) "Mandatory prison term" has the same meaning as in	1107
section 2929.01 of the Revised Code.	1108

(GG) "Crack cocaine" means a compound, mixture, preparation,	1109
or substance that is or contains any amount of cocaine that is	1110
analytically identified as the base form of cocaine or that is in	1111
a form that resembles rocks or pebbles generally intended for	1112
individual use.	1113

(HH) "Adulterate" means to cause a drug to be adulterated as	1114
described in section 3715.63 of the Revised Code.	1115

(II) "Public premises" means any hotel, restaurant, tavern,	1116
store, arena, hall, or other place of public accommodation,	1117
business, amusement, or resort.	1118

(JJ) "Methamphetamine" means methamphetamine, any salt,	1119
isomer, or salt of an isomer of methamphetamine, or any compound,	1120
mixture, preparation, or substance containing methamphetamine or	1121
any salt, isomer, or salt of an isomer of methamphetamine.	1122

(KK) "Lawful prescription" means a prescription that is	1123
issued for a legitimate medical purpose by a licensed health	1124
professional authorized to prescribe drugs, that is not altered or	1125
forged, and that was not obtained by means of deception or by the	1126
commission of any theft offense.	1127

(LL) "Deception" and "theft offense" have the same meanings	1128
as in section 2913.01 of the Revised Code.	1129

Sec. 2925.03.  (A) No person shall knowingly do any of the	1130
following:	1131

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

1132

(2) Prepare for shipment, ship, transport, deliver, prepare	1133
for distribution, or distribute a controlled substance, when the	1134
offender knows or has reasonable cause to believe that the	1135
controlled substance is intended for sale or resale by the	1136
offender or another person.	1137

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

1138

(1) Manufacturers, licensed health professionals authorized	1139
to prescribe drugs, pharmacists, owners of pharmacies, and other	1140
persons whose conduct is in accordance with Chapters 3719., 4715.,	1141
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1142

(2) If the offense involves an anabolic steroid, any person	1143
who is conducting or participating in a research project involving	1144
the use of an anabolic steroid if the project has been approved by	1145
the United States food and drug administration;	1146

(3) Any person who sells, offers for sale, prescribes,	1147
dispenses, or administers for livestock or other nonhuman species	1148
an anabolic steroid that is expressly intended for administration	1149
through implants to livestock or other nonhuman species and	1150
approved for that purpose under the "Federal Food, Drug, and	1151
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1152
and is sold, offered for sale, prescribed, dispensed, or	1153
administered for that purpose in accordance with that act.	1154

(C) Whoever violates division (A) of this section is guilty	1155
of one of the following:	1156

(1) If the drug involved in the violation is any compound,	1157
mixture, preparation, or substance included in schedule I or	1158
schedule II, with the exception of marihuana, cocaine, L.S.D.,	1159
heroin, and hashish, whoever violates division (A) of this section	1160
is guilty of aggravated trafficking in drugs. The penalty for the	1161
offense shall be determined as follows:	1162

(a) Except as otherwise provided in division (C)(1)(b), (c),	1163
(d), (e), or (f) of this section, aggravated trafficking in drugs	1164
is a felony of the fourth degree, and division (C) of section	1165
2929.13 of the Revised Code applies in determining whether to	1166
impose a prison term on the offender.	1167

(b) Except as otherwise provided in division (C)(1)(c), (d),	1168
(e), or (f) of this section, if the offense was committed in the	1169
vicinity of a school or in the vicinity of a juvenile, aggravated	1170
trafficking in drugs is a felony of the third degree, and division	1171
(C) of section 2929.13 of the Revised Code applies in determining	1172
whether to impose a prison term on the offender.	1173

(c) Except as otherwise provided in this division, if the	1174
amount of the drug involved equals or exceeds the bulk amount but	1175
is less than five times the bulk amount, aggravated trafficking in	1176
drugs is a felony of the third degree, and the court shall impose	1177
as a mandatory prison term one of the prison terms prescribed for	1178
a felony of the third degree. If the amount of the drug involved	1179
is within that range and if the offense was committed in the	1180
vicinity of a school or in the vicinity of a juvenile, aggravated	1181
trafficking in drugs is a felony of the second degree, and the	1182
court shall impose as a mandatory prison term one of the prison	1183
terms prescribed for a felony of the second degree.	1184

(d) Except as otherwise provided in this division, if the	1185
amount of the drug involved equals or exceeds five times the bulk	1186
amount but is less than fifty times the bulk amount, aggravated	1187
trafficking in drugs is a felony of the second degree, and the	1188
court shall impose as a mandatory prison term one of the prison	1189
terms prescribed for a felony of the second degree. If the amount	1190
of the drug involved is within that range and if the offense was	1191
committed in the vicinity of a school or in the vicinity of a	1192
juvenile, aggravated trafficking in drugs is a felony of the first	1193
degree, and the court shall impose as a mandatory prison term one	1194
of the prison terms prescribed for a felony of the first degree.	1195

(e) If the amount of the drug involved equals or exceeds	1196
fifty times the bulk amount but is less than one hundred times the	1197
bulk amount and regardless of whether the offense was committed in	1198
the vicinity of a school or in the vicinity of a juvenile,	1199
aggravated trafficking in drugs is a felony of the first degree,	1200
and the court shall impose as a mandatory prison term one of the	1201
prison terms prescribed for a felony of the first degree.	1202

(f) If the amount of the drug involved equals or exceeds one	1203
hundred times the bulk amount and regardless of whether the	1204
offense was committed in the vicinity of a school or in the	1205
vicinity of a juvenile, aggravated trafficking in drugs is a	1206
felony of the first degree, the offender is a major drug offender,	1207
and the court shall impose as a mandatory prison term the maximum	1208
prison term prescribed for a felony of the first degree and may	1209
impose an additional prison term prescribed for a major drug	1210
offender under division (D)(3)(b) of section 2929.14 of the	1211
Revised Code.	1212

(2) If the drug involved in the violation is any compound,	1213
mixture, preparation, or substance included in schedule III, IV,	1214
or V, whoever violates division (A) of this section is guilty of	1215
trafficking in drugs. The penalty for the offense shall be	1216
determined as follows:	1217

(a) Except as otherwise provided in division (C)(2)(b), (c),	1218
(d), or (e) of this section, trafficking in drugs is a felony of	1219
the fifth degree, and division (C) of section 2929.13 of the	1220
Revised Code applies in determining whether to impose a prison	1221
term on the offender.	1222

(b) Except as otherwise provided in division (C)(2)(c), (d),	1223
or (e) of this section, if the offense was committed in the	1224
vicinity of a school or in the vicinity of a juvenile, trafficking	1225
in drugs is a felony of the fourth degree, and division (C) of	1226
section 2929.13 of the Revised Code applies in determining whether	1227
to impose a prison term on the offender.	1228

(c) Except as otherwise provided in this division, if the	1229
amount of the drug involved equals or exceeds the bulk amount but	1230
is less than five times the bulk amount, trafficking in drugs is a	1231
felony of the fourth degree, and there is a presumption for a	1232
prison term for the offense. If the amount of the drug involved is	1233
within that range and if the offense was committed in the vicinity	1234
of a school or in the vicinity of a juvenile, trafficking in drugs	1235
is a felony of the third degree, and there is a presumption for a	1236
prison term for the offense.	1237

(d) Except as otherwise provided in this division, if the	1238
amount of the drug involved equals or exceeds five times the bulk	1239
amount but is less than fifty times the bulk amount, trafficking	1240
in drugs is a felony of the third degree, and there is a	1241
presumption for a prison term for the offense. If the amount of	1242
the drug involved is within that range and if the offense was	1243
committed in the vicinity of a school or in the vicinity of a	1244
juvenile, trafficking in drugs is a felony of the second degree,	1245
and there is a presumption for a prison term for the offense.	1246

(e) Except as otherwise provided in this division, if the	1247
amount of the drug involved equals or exceeds fifty times the bulk	1248
amount, trafficking in drugs is a felony of the second degree, and	1249
the court shall impose as a mandatory prison term one of the	1250
prison terms prescribed for a felony of the second degree. If the	1251
amount of the drug involved equals or exceeds fifty times the bulk	1252
amount and if the offense was committed in the vicinity of a	1253
school or in the vicinity of a juvenile, trafficking in drugs is a	1254
felony of the first degree, and the court shall impose as a	1255
mandatory prison term one of the prison terms prescribed for a	1256
felony of the first degree.	1257

(3) If the drug involved in the violation is marihuana or a	1258
compound, mixture, preparation, or substance containing marihuana	1259
other than hashish, whoever violates division (A) of this section	1260
is guilty of trafficking in marihuana. The penalty for the offense	1261
shall be determined as follows:	1262

(a) Except as otherwise provided in division (C)(3)(b), (c),	1263
(d), (e), (f), or (g) of this section, trafficking in marihuana is	1264
a felony of the fifth degree, and division (C) of section 2929.13	1265
of the Revised Code applies in determining whether to impose a	1266
prison term on the offender.	1267

(b) Except as otherwise provided in division (C)(3)(c), (d),	1268
(e), (f), or (g) of this section, if the offense was committed in	1269
the vicinity of a school or in the vicinity of a juvenile,	1270
trafficking in marihuana is a felony of the fourth degree, and	1271
division (C) of section 2929.13 of the Revised Code applies in	1272
determining whether to impose a prison term on the offender.	1273

(c) Except as otherwise provided in this division, if the	1274
amount of the drug involved equals or exceeds two hundred grams	1275
but is less than one thousand grams, trafficking in marihuana is a	1276
felony of the fourth degree, and division (C) of section 2929.13	1277
of the Revised Code applies in determining whether to impose a	1278
prison term on the offender. If the amount of the drug involved is	1279
within that range and if the offense was committed in the vicinity	1280
of a school or in the vicinity of a juvenile, trafficking in	1281
marihuana is a felony of the third degree, and division (C) of	1282
section 2929.13 of the Revised Code applies in determining whether	1283
to impose a prison term on the offender.	1284

(d) Except as otherwise provided in this division, if the	1285
amount of the drug involved equals or exceeds one thousand grams	1286
but is less than five thousand grams, trafficking in marihuana is	1287
a felony of the third degree, and division (C) of section 2929.13	1288
of the Revised Code applies in determining whether to impose a	1289
prison term on the offender. If the amount of the drug involved is	1290
within that range and if the offense was committed in the vicinity	1291
of a school or in the vicinity of a juvenile, trafficking in	1292
marihuana is a felony of the second degree, and there is a	1293
presumption that a prison term shall be imposed for the offense.	1294

(e) Except as otherwise provided in this division, if the	1295
amount of the drug involved equals or exceeds five thousand grams	1296
but is less than twenty thousand grams, trafficking in marihuana	1297
is a felony of the third degree, and there is a presumption that a	1298
prison term shall be imposed for the offense. If the amount of the	1299
drug involved is within that range and if the offense was	1300
committed in the vicinity of a school or in the vicinity of a	1301
juvenile, trafficking in marihuana is a felony of the second	1302
degree, and there is a presumption that a prison term shall be	1303
imposed for the offense.	1304

(f) Except as otherwise provided in this division, if the	1305
amount of the drug involved equals or exceeds twenty thousand	1306
grams, trafficking in marihuana is a felony of the second degree,	1307
and the court shall impose as a mandatory prison term the maximum	1308
prison term prescribed for a felony of the second degree. If the	1309
amount of the drug involved equals or exceeds twenty thousand	1310
grams and if the offense was committed in the vicinity of a school	1311
or in the vicinity of a juvenile, trafficking in marihuana is a	1312
felony of the first degree, and the court shall impose as a	1313
mandatory prison term the maximum prison term prescribed for a	1314
felony of the first degree.	1315

(g) Except as otherwise provided in this division, if the	1316
offense involves a gift of twenty grams or less of marihuana,	1317
trafficking in marihuana is a minor misdemeanor upon a first	1318
offense and a misdemeanor of the third degree upon a subsequent	1319
offense. If the offense involves a gift of twenty grams or less of	1320
marihuana and if the offense was committed in the vicinity of a	1321
school or in the vicinity of a juvenile, trafficking in marihuana	1322
is a misdemeanor of the third degree.	1323

(4) If the drug involved in the violation is cocaine or a	1324
compound, mixture, preparation, or substance containing cocaine,	1325
whoever violates division (A) of this section is guilty of	1326
trafficking in cocaine. The penalty for the offense shall be	1327
determined as follows:	1328

(a) Except as otherwise provided in division (C)(4)(b), (c),	1329
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	1330
felony of the fifth degree, and division (C) of section 2929.13 of	1331
the Revised Code applies in determining whether to impose a prison	1332
term on the offender.	1333

(b) Except as otherwise provided in division (C)(4)(c), (d),	1334
(e), (f), or (g) of this section, if the offense was committed in	1335
the vicinity of a school or in the vicinity of a juvenile,	1336
trafficking in cocaine is a felony of the fourth degree, and	1337
division (C) of section 2929.13 of the Revised Code applies in	1338
determining whether to impose a prison term on the offender.	1339

(c) Except as otherwise provided in this division, if the	1340
amount of the drug involved equals or exceeds five grams but is	1341
less than ten grams of cocaine that is not crack cocaine or equals	1342
or exceeds one gram but is less than five grams of crack cocaine,	1343
trafficking in cocaine is a felony of the fourth degree, and there	1344
is a presumption for a prison term for the offense. If the amount	1345
of the drug involved is within one of those ranges and if the	1346
offense was committed in the vicinity of a school or in the	1347
vicinity of a juvenile, trafficking in cocaine is a felony of the	1348
third degree, and there is a presumption for a prison term for the	1349
offense.	1350

(d) Except as otherwise provided in this division, if the	1351
amount of the drug involved equals or exceeds ten grams but is	1352
less than one hundred grams of cocaine that is not crack cocaine	1353
or equals or exceeds five grams but is less than ten grams of	1354
crack cocaine, trafficking in cocaine is a felony of the third	1355
degree, and the court shall impose as a mandatory prison term one	1356
of the prison terms prescribed for a felony of the third degree.	1357
If the amount of the drug involved is within one of those ranges	1358
and if the offense was committed in the vicinity of a school or in	1359
the vicinity of a juvenile, trafficking in cocaine is a felony of	1360
the second degree, and the court shall impose as a mandatory	1361
prison term one of the prison terms prescribed for a felony of the	1362
second degree.	1363

(e) Except as otherwise provided in this division, if the	1364
amount of the drug involved equals or exceeds one hundred grams	1365
but is less than five hundred grams of cocaine that is not crack	1366
cocaine or equals or exceeds ten grams but is less than	1367
twenty-five grams of crack cocaine, trafficking in cocaine is a	1368
felony of the second degree, and the court shall impose as a	1369
mandatory prison term one of the prison terms prescribed for a	1370
felony of the second degree. If the amount of the drug involved is	1371
within one of those ranges and if the offense was committed in the	1372
vicinity of a school or in the vicinity of a juvenile, trafficking	1373
in cocaine is a felony of the first degree, and the court shall	1374
impose as a mandatory prison term one of the prison terms	1375
prescribed for a felony of the first degree.	1376

(f) If the amount of the drug involved equals or exceeds five	1377
hundred grams but is less than one thousand grams of cocaine that	1378
is not crack cocaine or equals or exceeds twenty-five grams but is	1379
less than one hundred grams of crack cocaine and regardless of	1380
whether the offense was committed in the vicinity of a school or	1381
in the vicinity of a juvenile, trafficking in cocaine is a felony	1382
of the first degree, and the court shall impose as a mandatory	1383
prison term one of the prison terms prescribed for a felony of the	1384
first degree.	1385

(g) If the amount of the drug involved equals or exceeds one	1386
thousand grams of cocaine that is not crack cocaine or equals or	1387
exceeds one hundred grams of crack cocaine and regardless of	1388
whether the offense was committed in the vicinity of a school or	1389
in the vicinity of a juvenile, trafficking in cocaine is a felony	1390
of the first degree, the offender is a major drug offender, and	1391
the court shall impose as a mandatory prison term the maximum	1392
prison term prescribed for a felony of the first degree and may	1393
impose an additional mandatory prison term prescribed for a major	1394
drug offender under division (D)(3)(b) of section 2929.14 of the	1395
Revised Code.	1396

(5) If the drug involved in the violation is L.S.D. or a	1397
compound, mixture, preparation, or substance containing L.S.D.,	1398
whoever violates division (A) of this section is guilty of	1399
trafficking in L.S.D. The penalty for the offense shall be	1400
determined as follows:	1401

(a) Except as otherwise provided in division (C)(5)(b), (c),	1402
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	1403
felony of the fifth degree, and division (C) of section 2929.13 of	1404
the Revised Code applies in determining whether to impose a prison	1405
term on the offender.	1406

(b) Except as otherwise provided in division (C)(5)(c), (d),	1407
(e), (f), or (g) of this section, if the offense was committed in	1408
the vicinity of a school or in the vicinity of a juvenile,	1409
trafficking in L.S.D. is a felony of the fourth degree, and	1410
division (C) of section 2929.13 of the Revised Code applies in	1411
determining whether to impose a prison term on the offender.	1412

(c) Except as otherwise provided in this division, if the	1413
amount of the drug involved equals or exceeds ten unit doses but	1414
is less than fifty unit doses of L.S.D. in a solid form or equals	1415
or exceeds one gram but is less than five grams of L.S.D. in a	1416
liquid concentrate, liquid extract, or liquid distillate form,	1417
trafficking in L.S.D. is a felony of the fourth degree, and there	1418
is a presumption for a prison term for the offense. If the amount	1419
of the drug involved is within that range and if the offense was	1420
committed in the vicinity of a school or in the vicinity of a	1421
juvenile, trafficking in L.S.D. is a felony of the third degree,	1422
and there is a presumption for a prison term for the offense.	1423

(d) Except as otherwise provided in this division, if the	1424
amount of the drug involved equals or exceeds fifty unit doses but	1425
is less than two hundred fifty unit doses of L.S.D. in a solid	1426
form or equals or exceeds five grams but is less than twenty-five	1427
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	1428
distillate form, trafficking in L.S.D. is a felony of the third	1429
degree, and the court shall impose as a mandatory prison term one	1430
of the prison terms prescribed for a felony of the third degree.	1431
If the amount of the drug involved is within that range and if the	1432
offense was committed in the vicinity of a school or in the	1433
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	1434
second degree, and the court shall impose as a mandatory prison	1435
term one of the prison terms prescribed for a felony of the second	1436
degree.	1437

(e) Except as otherwise provided in this division, if the	1438
amount of the drug involved equals or exceeds two hundred fifty	1439
unit doses but is less than one thousand unit doses of L.S.D. in a	1440
solid form or equals or exceeds twenty-five grams but is less than	1441
one hundred grams of L.S.D. in a liquid concentrate, liquid	1442
extract, or liquid distillate form, trafficking in L.S.D. is a	1443
felony of the second degree, and the court shall impose as a	1444
mandatory prison term one of the prison terms prescribed for a	1445
felony of the second degree. If the amount of the drug involved is	1446
within that range and if the offense was committed in the vicinity	1447
of a school or in the vicinity of a juvenile, trafficking in	1448
L.S.D. is a felony of the first degree, and the court shall impose	1449
as a mandatory prison term one of the prison terms prescribed for	1450
a felony of the first degree.	1451

(f) If the amount of the drug involved equals or exceeds one	1452
thousand unit doses but is less than five thousand unit doses of	1453
L.S.D. in a solid form or equals or exceeds one hundred grams but	1454
is less than five hundred grams of L.S.D. in a liquid concentrate,	1455
liquid extract, or liquid distillate form and regardless of	1456
whether the offense was committed in the vicinity of a school or	1457
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	1458
of the first degree, and the court shall impose as a mandatory	1459
prison term one of the prison terms prescribed for a felony of the	1460
first degree.	1461

(g) If the amount of the drug involved equals or exceeds five	1462
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1463
five hundred grams of L.S.D. in a liquid concentrate, liquid	1464
extract, or liquid distillate form and regardless of whether the	1465
offense was committed in the vicinity of a school or in the	1466
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	1467
first degree, the offender is a major drug offender, and the court	1468
shall impose as a mandatory prison term the maximum prison term	1469
prescribed for a felony of the first degree and may impose an	1470
additional mandatory prison term prescribed for a major drug	1471
offender under division (D)(3)(b) of section 2929.14 of the	1472
Revised Code.	1473

(6) If the drug involved in the violation is heroin or a	1474
compound, mixture, preparation, or substance containing heroin,	1475
whoever violates division (A) of this section is guilty of	1476
trafficking in heroin. The penalty for the offense shall be	1477
determined as follows:	1478

(a) Except as otherwise provided in division (C)(6)(b), (c),	1479
(d), (e), (f), or (g) of this section, trafficking in heroin is a	1480
felony of the fifth degree, and division (C) of section 2929.13 of	1481
the Revised Code applies in determining whether to impose a prison	1482
term on the offender.	1483

(b) Except as otherwise provided in division (C)(6)(c), (d),	1484
(e), (f), or (g) of this section, if the offense was committed in	1485
the vicinity of a school or in the vicinity of a juvenile,	1486
trafficking in heroin is a felony of the fourth degree, and	1487
division (C) of section 2929.13 of the Revised Code applies in	1488
determining whether to impose a prison term on the offender.	1489

(c) Except as otherwise provided in this division, if the	1490
amount of the drug involved equals or exceeds ten unit doses but	1491
is less than fifty unit doses or equals or exceeds one gram but is	1492
less than five grams, trafficking in heroin is a felony of the	1493
fourth degree, and there is a presumption for a prison term for	1494
the offense. If the amount of the drug involved is within that	1495
range and if the offense was committed in the vicinity of a school	1496
or in the vicinity of a juvenile, trafficking in heroin is a	1497
felony of the third degree, and there is a presumption for a	1498
prison term for the offense.	1499

(d) Except as otherwise provided in this division, if the	1500
amount of the drug involved equals or exceeds fifty unit doses but	1501
is less than one hundred unit doses or equals or exceeds five	1502
grams but is less than ten grams, trafficking in heroin is a	1503
felony of the third degree, and there is a presumption for a	1504
prison term for the offense. If the amount of the drug involved	1505
is within that range and if the offense was committed in the	1506
vicinity of a school or in the vicinity of a juvenile, trafficking	1507
in heroin is a felony of the second degree, and there is a	1508
presumption for a prison term for the offense.	1509

(e) Except as otherwise provided in this division, if the	1510
amount of the drug involved equals or exceeds one hundred unit	1511
doses but is less than five hundred unit doses or equals or	1512
exceeds ten grams but is less than fifty grams, trafficking in	1513
heroin is a felony of the second degree, and the court shall	1514
impose as a mandatory prison term one of the prison terms	1515
prescribed for a felony of the second degree. If the amount of the	1516
drug involved is within that range and if the offense was	1517
committed in the vicinity of a school or in the vicinity of a	1518
juvenile, trafficking in heroin is a felony of the first degree,	1519
and the court shall impose as a mandatory prison term one of the	1520
prison terms prescribed for a felony of the first degree.	1521

(f) If the amount of the drug involved equals or exceeds five	1522
hundred unit doses but is less than two thousand five hundred unit	1523
doses or equals or exceeds fifty grams but is less than two	1524
hundred fifty grams and regardless of whether the offense was	1525
committed in the vicinity of a school or in the vicinity of a	1526
juvenile, trafficking in heroin is a felony of the first degree,	1527
and the court shall impose as a mandatory prison term one of the	1528
prison terms prescribed for a felony of the first degree.	1529

(g) If the amount of the drug involved equals or exceeds two	1530
thousand five hundred unit doses or equals or exceeds two hundred	1531
fifty grams and regardless of whether the offense was committed in	1532
the vicinity of a school or in the vicinity of a juvenile,	1533
trafficking in heroin is a felony of the first degree, the	1534
offender is a major drug offender, and the court shall impose as a	1535
mandatory prison term the maximum prison term prescribed for a	1536
felony of the first degree and may impose an additional mandatory	1537
prison term prescribed for a major drug offender under division	1538
(D)(3)(b) of section 2929.14 of the Revised Code.	1539

(7) If the drug involved in the violation is hashish or a	1540
compound, mixture, preparation, or substance containing hashish,	1541
whoever violates division (A) of this section is guilty of	1542
trafficking in hashish. The penalty for the offense shall be	1543
determined as follows:	1544

(a) Except as otherwise provided in division (C)(7)(b), (c),	1545
(d), (e), or (f) of this section, trafficking in hashish is a	1546
felony of the fifth degree, and division (C) of section 2929.13 of	1547
the Revised Code applies in determining whether to impose a prison	1548
term on the offender.	1549

(b) Except as otherwise provided in division (C)(7)(c), (d),	1550
(e), or (f) of this section, if the offense was committed in the	1551
vicinity of a school or in the vicinity of a juvenile, trafficking	1552
in hashish is a felony of the fourth degree, and division (C) of	1553
section 2929.13 of the Revised Code applies in determining whether	1554
to impose a prison term on the offender.	1555

(c) Except as otherwise provided in this division, if the	1556
amount of the drug involved equals or exceeds ten grams but is	1557
less than fifty grams of hashish in a solid form or equals or	1558
exceeds two grams but is less than ten grams of hashish in a	1559
liquid concentrate, liquid extract, or liquid distillate form,	1560
trafficking in hashish is a felony of the fourth degree, and	1561
division (C) of section 2929.13 of the Revised Code applies in	1562
determining whether to impose a prison term on the offender. If	1563
the amount of the drug involved is within that range and if the	1564
offense was committed in the vicinity of a school or in the	1565
vicinity of a juvenile, trafficking in hashish is a felony of the	1566
third degree, and division (C) of section 2929.13 of the Revised	1567
Code applies in determining whether to impose a prison term on the	1568
offender.	1569

(d) Except as otherwise provided in this division, if the	1570
amount of the drug involved equals or exceeds fifty grams but is	1571
less than two hundred fifty grams of hashish in a solid form or	1572
equals or exceeds ten grams but is less than fifty grams of	1573
hashish in a liquid concentrate, liquid extract, or liquid	1574
distillate form, trafficking in hashish is a felony of the third	1575
degree, and division (C) of section 2929.13 of the Revised Code	1576
applies in determining whether to impose a prison term on the	1577
offender. If the amount of the drug involved is within that range	1578
and if the offense was committed in the vicinity of a school or in	1579
the vicinity of a juvenile, trafficking in hashish is a felony of	1580
the second degree, and there is a presumption that a prison term	1581
shall be imposed for the offense.	1582

(e) Except as otherwise provided in this division, if the	1583
amount of the drug involved equals or exceeds two hundred fifty	1584
grams but is less than one thousand grams of hashish in a solid	1585
form or equals or exceeds fifty grams but is less than two hundred	1586
grams of hashish in a liquid concentrate, liquid extract, or	1587
liquid distillate form, trafficking in hashish is a felony of the	1588
third degree, and there is a presumption that a prison term shall	1589
be imposed for the offense. If the amount of the drug involved is	1590
within that range and if the offense was committed in the vicinity	1591
of a school or in the vicinity of a juvenile, trafficking in	1592
hashish is a felony of the second degree, and there is a	1593
presumption that a prison term shall be imposed for the offense.	1594

(f) Except as otherwise provided in this division, if the	1595
amount of the drug involved equals or exceeds one thousand grams	1596
of hashish in a solid form or equals or exceeds two hundred grams	1597
of hashish in a liquid concentrate, liquid extract, or liquid	1598
distillate form, trafficking in hashish is a felony of the second	1599
degree, and the court shall impose as a mandatory prison term the	1600
maximum prison term prescribed for a felony of the second degree.	1601
If the amount of the drug involved is within that range and if the	1602
offense was committed in the vicinity of a school or in the	1603
vicinity of a juvenile, trafficking in hashish is a felony of the	1604
first degree, and the court shall impose as a mandatory prison	1605
term the maximum prison term prescribed for a felony of the first	1606
degree.	1607

(D) In addition to any prison term authorized or required by	1608
division (C) of this section and sections 2929.13 and 2929.14 of	1609
the Revised Code, and in addition to any other sanction imposed	1610
for the offense under this section or sections 2929.11 to 2929.18	1611
of the Revised Code, the court that sentences an offender who is	1612
convicted of or pleads guilty to a violation of division (A) of	1613
this section shall do all of the following that are applicable	1614
regarding the offender:	1615

(1) If the violation of division (A) of this section is a	1616
felony of the first, second, or third degree, the court shall	1617
impose upon the offender the mandatory fine specified for the	1618
offense under division (B)(1) of section 2929.18 of the Revised	1619
Code unless, as specified in that division, the court determines	1620
that the offender is indigent. Except as otherwise provided in	1621
division (H)(1) of this section, a mandatory fine or any other	1622
fine imposed for a violation of this section is subject to	1623
division (F) of this section. If a person is charged with a	1624
violation of this section that is a felony of the first, second,	1625
or third degree, posts bail, and forfeits the bail, the clerk of	1626
the court shall pay the forfeited bail pursuant to divisions	1627
(D)(1) and (F) of this section, as if the forfeited bail was a	1628
fine imposed for a violation of this section. If any amount of the	1629
forfeited bail remains after that payment and if a fine is imposed	1630
under division (H)(1) of this section, the clerk of the court	1631
shall pay the remaining amount of the forfeited bail pursuant to	1632
divisions (H)(2) and (3) of this section, as if that remaining	1633
amount was a fine imposed under division (H)(1) of this section.	1634

(2) The court shall suspend the driver's or commercial	1635
driver's license or permit of the offender in accordance with	1636
division (G) of this section.	1637

(3) If the offender is a professionally licensed person, the	1638
court immediately shall comply with section 2925.38 of the Revised	1639
Code.	1640

(E) When a person is charged with the sale of or offer to	1641
sell a bulk amount or a multiple of a bulk amount of a controlled	1642
substance, the jury, or the court trying the accused, shall	1643
determine the amount of the controlled substance involved at the	1644
time of the offense and, if a guilty verdict is returned, shall	1645
return the findings as part of the verdict. In any such case, it	1646
is unnecessary to find and return the exact amount of the	1647
controlled substance involved, and it is sufficient if the finding	1648
and return is to the effect that the amount of the controlled	1649
substance involved is the requisite amount, or that the amount of	1650
the controlled substance involved is less than the requisite	1651
amount.	1652

(F)(1) Notwithstanding any contrary provision of section	1653
3719.21 of the Revised Code and except as provided in division (H)	1654
of this section, the clerk of the court shall pay any mandatory	1655
fine imposed pursuant to division (D)(1) of this section and any	1656
fine other than a mandatory fine that is imposed for a violation	1657
of this section pursuant to division (A) or (B)(5) of section	1658
2929.18 of the Revised Code to the county, township, municipal	1659
corporation, park district, as created pursuant to section 511.18	1660
or 1545.04 of the Revised Code, or state law enforcement agencies	1661
in this state that primarily were responsible for or involved in	1662
making the arrest of, and in prosecuting, the offender. However,	1663
the clerk shall not pay a mandatory fine so imposed to a law	1664
enforcement agency unless the agency has adopted a written	1665
internal control policy under division (F)(2) of this section that	1666
addresses the use of the fine moneys that it receives. Each agency	1667
shall use the mandatory fines so paid to subsidize the agency's	1668
law enforcement efforts that pertain to drug offenses, in	1669
accordance with the written internal control policy adopted by the	1670
recipient agency under division (F)(2) of this section.	1671

(2)(a) Prior to receiving any fine moneys under division	1672
(F)(1) of this section or division (B) of section 2925.42 of the	1673
Revised Code, a law enforcement agency shall adopt a written	1674
internal control policy that addresses the agency's use and	1675
disposition of all fine moneys so received and that provides for	1676
the keeping of detailed financial records of the receipts of those	1677
fine moneys, the general types of expenditures made out of those	1678
fine moneys, and the specific amount of each general type of	1679
expenditure. The policy shall not provide for or permit the	1680
identification of any specific expenditure that is made in an	1681
ongoing investigation. All financial records of the receipts of	1682
those fine moneys, the general types of expenditures made out of	1683
those fine moneys, and the specific amount of each general type of	1684
expenditure by an agency are public records open for inspection	1685
under section 149.43 of the Revised Code. Additionally, a written	1686
internal control policy adopted under this division is such a	1687
public record, and the agency that adopted it shall comply with	1688
it.	1689

(b) Each law enforcement agency that receives in any calendar	1690
year any fine moneys under division (F)(1) of this section or	1691
division (B) of section 2925.42 of the Revised Code shall prepare	1692
a report covering the calendar year that cumulates all of the	1693
information contained in all of the public financial records kept	1694
by the agency pursuant to division (F)(2)(a) of this section for	1695
that calendar year, and shall send a copy of the cumulative	1696
report, no later than the first day of March in the calendar year	1697
following the calendar year covered by the report, to the attorney	1698
general. Each report received by the attorney general is a public	1699
record open for inspection under section 149.43 of the Revised	1700
Code. Not later than the fifteenth day of April in the calendar	1701
year in which the reports are received, the attorney general shall	1702
send to the president of the senate and the speaker of the house	1703
of representatives a written notification that does all of the	1704
following:	1705

(i) Indicates that the attorney general has received from law	1706
enforcement agencies reports of the type described in this	1707
division that cover the previous calendar year and indicates that	1708
the reports were received under this division;	1709

(ii) Indicates that the reports are open for inspection under	1710
section 149.43 of the Revised Code;	1711

(iii) Indicates that the attorney general will provide a copy	1712
of any or all of the reports to the president of the senate or the	1713
speaker of the house of representatives upon request.	1714

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

1715

(a) "Law enforcement agencies" includes, but is not limited	1716
to, the state board of pharmacy and the office of a prosecutor.	1717

(b) "Prosecutor" has the same meaning as in section 2935.01	1718
of the Revised Code.	1719

(G) When required under division (D)(2) of this section or	1720
any other provision of this chapter, the court shall suspend for	1721
not less than six months or more than five years the driver's or	1722
commercial driver's license or permit of any person who is	1723
convicted of or pleads guilty to any violation of this section or	1724
any other specified provision of this chapter. If an offender's	1725
driver's or commercial driver's license or permit is suspended	1726
pursuant to this division, the offender, at any time after the	1727
expiration of two years from the day on which the offender's	1728
sentence was imposed or from the day on which the offender finally	1729
was released from a prison term under the sentence, whichever is	1730
later, may file a motion with the sentencing court requesting	1731
termination of the suspension; upon the filing of such a motion	1732
and the court's finding of good cause for the termination, the	1733
court may terminate the suspension.	1734

(H)(1) In addition to any prison term authorized or required	1735
by division (C) of this section and sections 2929.13 and 2929.14	1736
of the Revised Code, in addition to any other penalty or sanction	1737
imposed for the offense under this section or sections 2929.11 to	1738
2929.18 of the Revised Code, and in addition to the forfeiture of	1739
property in connection with the offense as prescribed in Chapter	1740
2981. of the Revised Code, the court that sentences an offender	1741
who is convicted of or pleads guilty to a violation of division	1742
(A) of this section may impose upon the offender an additional	1743
fine specified for the offense in division (B)(4) of section	1744
2929.18 of the Revised Code. A fine imposed under division (H)(1)	1745
of this section is not subject to division (F) of this section and	1746
shall be used solely for the support of one or more eligible	1747
alcohol and drug addiction programs in accordance with divisions	1748
(H)(2) and (3) of this section.	1749

(2) The court that imposes a fine under division (H)(1) of	1750
this section shall specify in the judgment that imposes the fine	1751
one or more eligible alcohol and drug addiction programs for the	1752
support of which the fine money is to be used. No alcohol and drug	1753
addiction program shall receive or use money paid or collected in	1754
satisfaction of a fine imposed under division (H)(1) of this	1755
section unless the program is specified in the judgment that	1756
imposes the fine. No alcohol and drug addiction program shall be	1757
specified in the judgment unless the program is an eligible	1758
alcohol and drug addiction program and, except as otherwise	1759
provided in division (H)(2) of this section, unless the program is	1760
located in the county in which the court that imposes the fine is	1761
located or in a county that is immediately contiguous to the	1762
county in which that court is located. If no eligible alcohol and	1763
drug addiction program is located in any of those counties, the	1764
judgment may specify an eligible alcohol and drug addiction	1765
program that is located anywhere within this state.	1766

(3) Notwithstanding any contrary provision of section 3719.21	1767
of the Revised Code, the clerk of the court shall pay any fine	1768
imposed under division (H)(1) of this section to the eligible	1769
alcohol and drug addiction program specified pursuant to division	1770
(H)(2) of this section in the judgment. The eligible alcohol and	1771
drug addiction program that receives the fine moneys shall use the	1772
moneys only for the alcohol and drug addiction services identified	1773
in the application for certification under section 3793.06 of the	1774
Revised Code or in the application for a license under section	1775
3793.11 of the Revised Code filed with the department of alcohol	1776
and drug addiction services by the alcohol and drug addiction	1777
program specified in the judgment.	1778

(4) Each alcohol and drug addiction program that receives in	1779
a calendar year any fine moneys under division (H)(3) of this	1780
section shall file an annual report covering that calendar year	1781
with the court of common pleas and the board of county	1782
commissioners of the county in which the program is located, with	1783
the court of common pleas and the board of county commissioners of	1784
each county from which the program received the moneys if that	1785
county is different from the county in which the program is	1786
located, and with the attorney general. The alcohol and drug	1787
addiction program shall file the report no later than the first	1788
day of March in the calendar year following the calendar year in	1789
which the program received the fine moneys. The report shall	1790
include statistics on the number of persons served by the alcohol	1791
and drug addiction program, identify the types of alcohol and drug	1792
addiction services provided to those persons, and include a	1793
specific accounting of the purposes for which the fine moneys	1794
received were used. No information contained in the report shall	1795
identify, or enable a person to determine the identity of, any	1796
person served by the alcohol and drug addiction program. Each	1797
report received by a court of common pleas, a board of county	1798
commissioners, or the attorney general is a public record open for	1799
inspection under section 149.43 of the Revised Code.	1800

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

1801

(a) "Alcohol and drug addiction program" and "alcohol and	1802
drug addiction services" have the same meanings as in section	1803
3793.01 of the Revised Code.	1804

(b) "Eligible alcohol and drug addiction program" means an	1805
alcohol and drug addiction program that is certified under section	1806
3793.06 of the Revised Code or licensed under section 3793.11 of	1807
the Revised Code by the department of alcohol and drug addiction	1808
services.	1809

(I) As used in this section, "drug" includes any substance	1810
that is represented to be a drug.	1811

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	1812
or use a controlled substance.	1813

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

1814

(1) Manufacturers, licensed health professionals authorized	1815
to prescribe drugs, pharmacists, owners of pharmacies, and other	1816
persons whose conduct was in accordance with Chapters 3719.,	1817
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1818

(2) If the offense involves an anabolic steroid, any person	1819
who is conducting or participating in a research project involving	1820
the use of an anabolic steroid if the project has been approved by	1821
the United States food and drug administration;	1822

(3) Any person who sells, offers for sale, prescribes,	1823
dispenses, or administers for livestock or other nonhuman species	1824
an anabolic steroid that is expressly intended for administration	1825
through implants to livestock or other nonhuman species and	1826
approved for that purpose under the "Federal Food, Drug, and	1827
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1828
and is sold, offered for sale, prescribed, dispensed, or	1829
administered for that purpose in accordance with that act;	1830

(4) Any person who obtained the controlled substance pursuant	1831
to a lawful prescription issued by a licensed health professional	1832
authorized to prescribe drugs.	1833

(C) Whoever violates division (A) of this section is guilty	1834
of one of the following:	1835

(1) If the drug involved in the violation is a compound,	1836
mixture, preparation, or substance included in schedule I or II,	1837
with the exception of marihuana, cocaine, L.S.D., heroin, and	1838
hashish, whoever violates division (A) of this section is guilty	1839
of aggravated possession of drugs. The penalty for the offense	1840
shall be determined as follows:	1841

(a) Except as otherwise provided in division (C)(1)(b), (c),	1842
(d), or (e) of this section, aggravated possession of drugs is a	1843
felony of the fifth degree, and division (B) of section 2929.13 of	1844
the Revised Code applies in determining whether to impose a prison	1845
term on the offender.	1846

(b) If the amount of the drug involved equals or exceeds the	1847
bulk amount but is less than five times the bulk amount,	1848
aggravated possession of drugs is a felony of the third degree,	1849
and there is a presumption for a prison term for the offense.	1850

(c) If the amount of the drug involved equals or exceeds five	1851
times the bulk amount but is less than fifty times the bulk	1852
amount, aggravated possession of drugs is a felony of the second	1853
degree, and the court shall impose as a mandatory prison term one	1854
of the prison terms prescribed for a felony of the second degree.	1855

(d) If the amount of the drug involved equals or exceeds	1856
fifty times the bulk amount but is less than one hundred times the	1857
bulk amount, aggravated possession of drugs is a felony of the	1858
first degree, and the court shall impose as a mandatory prison	1859
term one of the prison terms prescribed for a felony of the first	1860
degree.	1861

(e) If the amount of the drug involved equals or exceeds one	1862
hundred times the bulk amount, aggravated possession of drugs is a	1863
felony of the first degree, the offender is a major drug offender,	1864
and the court shall impose as a mandatory prison term the maximum	1865
prison term prescribed for a felony of the first degree and may	1866
impose an additional mandatory prison term prescribed for a major	1867
drug offender under division (D)(3)(b) of section 2929.14 of the	1868
Revised Code.	1869

(2) If the drug involved in the violation is a compound,	1870
mixture, preparation, or substance included in schedule III, IV,	1871
or V, whoever violates division (A) of this section is guilty of	1872
possession of drugs. The penalty for the offense shall be	1873
determined as follows:	1874

(a) Except as otherwise provided in division (C)(2)(b), (c),	1875
or (d) of this section, possession of drugs is a misdemeanor of	1876
the thirdfirst degree or, if the offender previously has been	1877
convicted of a drug abuse offense, a misdemeanor of the second	1878
felony of the fifth degree. If the drug involved in the violation	1879
is an anabolic steroid included in schedule III and if the	1880
offense is a misdemeanor of the third degree under this division,	1881
in lieu of sentencing the offender to a term of imprisonment in a	1882
detention facility, the court may place the offender under a	1883
community control sanction, as defined in section 2929.01 of the	1884
Revised Code, that requires the offender to perform supervised	1885
community service work pursuant to division (B) of section	1886
2951.02 of the Revised Code.	1887

(b) If the amount of the drug involved equals or exceeds the	1888
bulk amount but is less than five times the bulk amount,	1889
possession of drugs is a felony of the fourth degree, and division	1890
(C) of section 2929.13 of the Revised Code applies in determining	1891
whether to impose a prison term on the offender.	1892

(c) If the amount of the drug involved equals or exceeds five	1893
times the bulk amount but is less than fifty times the bulk	1894
amount, possession of drugs is a felony of the third degree, and	1895
there is a presumption for a prison term for the offense.	1896

(d) If the amount of the drug involved equals or exceeds	1897
fifty times the bulk amount, possession of drugs is a felony of	1898
the second degree, and the court shall impose upon the offender as	1899
a mandatory prison term one of the prison terms prescribed for a	1900
felony of the second degree.	1901

(3) If the drug involved in the violation is marihuana or a	1902
compound, mixture, preparation, or substance containing marihuana	1903
other than hashish, whoever violates division (A) of this section	1904
is guilty of possession of marihuana. The penalty for the offense	1905
shall be determined as follows:	1906

(a) Except as otherwise provided in division (C)(3)(b), (c),	1907
(d), (e), or (f) of this section, possession of marihuana is a	1908
minor misdemeanor.	1909

(b) If the amount of the drug involved equals or exceeds one	1910
hundred grams but is less than two hundred grams, possession of	1911
marihuana is a misdemeanor of the fourth degree.	1912

(c) If the amount of the drug involved equals or exceeds two	1913
hundred grams but is less than one thousand grams, possession of	1914
marihuana is a felony of the fifth degree, and division (B) of	1915
section 2929.13 of the Revised Code applies in determining whether	1916
to impose a prison term on the offender.	1917

(d) If the amount of the drug involved equals or exceeds one	1918
thousand grams but is less than five thousand grams, possession of	1919
marihuana is a felony of the third degree, and division (C) of	1920
section 2929.13 of the Revised Code applies in determining whether	1921
to impose a prison term on the offender.	1922

(e) If the amount of the drug involved equals or exceeds five	1923
thousand grams but is less than twenty thousand grams, possession	1924
of marihuana is a felony of the third degree, and there is a	1925
presumption that a prison term shall be imposed for the offense.	1926

(f) If the amount of the drug involved equals or exceeds	1927
twenty thousand grams, possession of marihuana is a felony of the	1928
second degree, and the court shall impose as a mandatory prison	1929
term the maximum prison term prescribed for a felony of the second	1930
degree.	1931

(4) If the drug involved in the violation is cocaine or a	1932
compound, mixture, preparation, or substance containing cocaine,	1933
whoever violates division (A) of this section is guilty of	1934
possession of cocaine. The penalty for the offense shall be	1935
determined as follows:	1936

(a) Except as otherwise provided in division (C)(4)(b), (c),	1937
(d), (e), or (f) of this section, possession of cocaine is a	1938
felony of the fifth degree, and division (B) of section 2929.13 of	1939
the Revised Code applies in determining whether to impose a prison	1940
term on the offender.	1941

(b) If the amount of the drug involved equals or exceeds five	1942
grams but is less than twenty-five grams of cocaine that is not	1943
crack cocaine or equals or exceeds one gram but is less than five	1944
grams of crack cocaine, possession of cocaine is a felony of the	1945
fourth degree, and there is a presumption for a prison term for	1946
the offense.	1947

(c) If the amount of the drug involved equals or exceeds	1948
twenty-five grams but is less than one hundred grams of cocaine	1949
that is not crack cocaine or equals or exceeds five grams but is	1950
less than ten grams of crack cocaine, possession of cocaine is a	1951
felony of the third degree, and the court shall impose as a	1952
mandatory prison term one of the prison terms prescribed for a	1953
felony of the third degree.	1954

(d) If the amount of the drug involved equals or exceeds one	1955
hundred grams but is less than five hundred grams of cocaine that	1956
is not crack cocaine or equals or exceeds ten grams but is less	1957
than twenty-five grams of crack cocaine, possession of cocaine is	1958
a felony of the second degree, and the court shall impose as a	1959
mandatory prison term one of the prison terms prescribed for a	1960
felony of the second degree.	1961

(e) If the amount of the drug involved equals or exceeds five	1962
hundred grams but is less than one thousand grams of cocaine that	1963
is not crack cocaine or equals or exceeds twenty-five grams but is	1964
less than one hundred grams of crack cocaine, possession of	1965
cocaine is a felony of the first degree, and the court shall	1966
impose as a mandatory prison term one of the prison terms	1967
prescribed for a felony of the first degree.	1968

(f) If the amount of the drug involved equals or exceeds one	1969
thousand grams of cocaine that is not crack cocaine or equals or	1970
exceeds one hundred grams of crack cocaine, possession of cocaine	1971
is a felony of the first degree, the offender is a major drug	1972
offender, and the court shall impose as a mandatory prison term	1973
the maximum prison term prescribed for a felony of the first	1974
degree and may impose an additional mandatory prison term	1975
prescribed for a major drug offender under division (D)(3)(b) of	1976
section 2929.14 of the Revised Code.	1977

(5) If the drug involved in the violation is L.S.D., whoever	1978
violates division (A) of this section is guilty of possession of	1979
L.S.D. The penalty for the offense shall be determined as follows:	1980

(a) Except as otherwise provided in division (C)(5)(b), (c),	1981
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1982
of the fifth degree, and division (B) of section 2929.13 of the	1983
Revised Code applies in determining whether to impose a prison	1984
term on the offender.	1985

(b) If the amount of L.S.D. involved equals or exceeds ten	1986
unit doses but is less than fifty unit doses of L.S.D. in a solid	1987
form or equals or exceeds one gram but is less than five grams of	1988
L.S.D. in a liquid concentrate, liquid extract, or liquid	1989
distillate form, possession of L.S.D. is a felony of the fourth	1990
degree, and division (C) of section 2929.13 of the Revised Code	1991
applies in determining whether to impose a prison term on the	1992
offender.	1993

(c) If the amount of L.S.D. involved equals or exceeds fifty	1994
unit doses, but is less than two hundred fifty unit doses of	1995
L.S.D. in a solid form or equals or exceeds five grams but is less	1996
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1997
extract, or liquid distillate form, possession of L.S.D. is a	1998
felony of the third degree, and there is a presumption for a	1999
prison term for the offense.	2000

(d) If the amount of L.S.D. involved equals or exceeds two	2001
hundred fifty unit doses but is less than one thousand unit doses	2002
of L.S.D. in a solid form or equals or exceeds twenty-five grams	2003
but is less than one hundred grams of L.S.D. in a liquid	2004
concentrate, liquid extract, or liquid distillate form, possession	2005
of L.S.D. is a felony of the second degree, and the court shall	2006
impose as a mandatory prison term one of the prison terms	2007
prescribed for a felony of the second degree.	2008

(e) If the amount of L.S.D. involved equals or exceeds one	2009
thousand unit doses but is less than five thousand unit doses of	2010
L.S.D. in a solid form or equals or exceeds one hundred grams but	2011
is less than five hundred grams of L.S.D. in a liquid concentrate,	2012
liquid extract, or liquid distillate form, possession of L.S.D. is	2013
a felony of the first degree, and the court shall impose as a	2014
mandatory prison term one of the prison terms prescribed for a	2015
felony of the first degree.	2016

(f) If the amount of L.S.D. involved equals or exceeds five	2017
thousand unit doses of L.S.D. in a solid form or equals or exceeds	2018
five hundred grams of L.S.D. in a liquid concentrate, liquid	2019
extract, or liquid distillate form, possession of L.S.D. is a	2020
felony of the first degree, the offender is a major drug offender,	2021
and the court shall impose as a mandatory prison term the maximum	2022
prison term prescribed for a felony of the first degree and may	2023
impose an additional mandatory prison term prescribed for a major	2024
drug offender under division (D)(3)(b) of section 2929.14 of the	2025
Revised Code.	2026

(6) If the drug involved in the violation is heroin or a	2027
compound, mixture, preparation, or substance containing heroin,	2028
whoever violates division (A) of this section is guilty of	2029
possession of heroin. The penalty for the offense shall be	2030
determined as follows:	2031

(a) Except as otherwise provided in division (C)(6)(b), (c),	2032
(d), (e), or (f) of this section, possession of heroin is a felony	2033
of the fifth degree, and division (B) of section 2929.13 of the	2034
Revised Code applies in determining whether to impose a prison	2035
term on the offender.	2036

(b) If the amount of the drug involved equals or exceeds ten	2037
unit doses but is less than fifty unit doses or equals or exceeds	2038
one gram but is less than five grams, possession of heroin is a	2039
felony of the fourth degree, and division (C) of section 2929.13	2040
of the Revised Code applies in determining whether to impose a	2041
prison term on the offender.	2042

(c) If the amount of the drug involved equals or exceeds	2043
fifty unit doses but is less than one hundred unit doses or equals	2044
or exceeds five grams but is less than ten grams, possession of	2045
heroin is a felony of the third degree, and there is a presumption	2046
for a prison term for the offense.	2047

(d) If the amount of the drug involved equals or exceeds one	2048
hundred unit doses but is less than five hundred unit doses or	2049
equals or exceeds ten grams but is less than fifty grams,	2050
possession of heroin is a felony of the second degree, and the	2051
court shall impose as a mandatory prison term one of the prison	2052
terms prescribed for a felony of the second degree.	2053

(e) If the amount of the drug involved equals or exceeds five	2054
hundred unit doses but is less than two thousand five hundred unit	2055
doses or equals or exceeds fifty grams but is less than two	2056
hundred fifty grams, possession of heroin is a felony of the first	2057
degree, and the court shall impose as a mandatory prison term one	2058
of the prison terms prescribed for a felony of the first degree.	2059

(f) If the amount of the drug involved equals or exceeds two	2060
thousand five hundred unit doses or equals or exceeds two hundred	2061
fifty grams, possession of heroin is a felony of the first degree,	2062
the offender is a major drug offender, and the court shall impose	2063
as a mandatory prison term the maximum prison term prescribed for	2064
a felony of the first degree and may impose an additional	2065
mandatory prison term prescribed for a major drug offender under	2066
division (D)(3)(b) of section 2929.14 of the Revised Code.	2067

(7) If the drug involved in the violation is hashish or a	2068
compound, mixture, preparation, or substance containing hashish,	2069
whoever violates division (A) of this section is guilty of	2070
possession of hashish. The penalty for the offense shall be	2071
determined as follows:	2072

(a) Except as otherwise provided in division (C)(7)(b), (c),	2073
(d), (e), or (f) of this section, possession of hashish is a minor	2074
misdemeanor.	2075

(b) If the amount of the drug involved equals or exceeds five	2076
grams but is less than ten grams of hashish in a solid form or	2077
equals or exceeds one gram but is less than two grams of hashish	2078
in a liquid concentrate, liquid extract, or liquid distillate	2079
form, possession of hashish is a misdemeanor of the fourth degree.	2080

(c) If the amount of the drug involved equals or exceeds ten	2081
grams but is less than fifty grams of hashish in a solid form or	2082
equals or exceeds two grams but is less than ten grams of hashish	2083
in a liquid concentrate, liquid extract, or liquid distillate	2084
form, possession of hashish is a felony of the fifth degree, and	2085
division (B) of section 2929.13 of the Revised Code applies in	2086
determining whether to impose a prison term on the offender.	2087

(d) If the amount of the drug involved equals or exceeds	2088
fifty grams but is less than two hundred fifty grams of hashish in	2089
a solid form or equals or exceeds ten grams but is less than fifty	2090
grams of hashish in a liquid concentrate, liquid extract, or	2091
liquid distillate form, possession of hashish is a felony of the	2092
third degree, and division (C) of section 2929.13 of the Revised	2093
Code applies in determining whether to impose a prison term on the	2094
offender.	2095

(e) If the amount of the drug involved equals or exceeds two	2096
hundred fifty grams but is less than one thousand grams of hashish	2097
in a solid form or equals or exceeds fifty grams but is less than	2098
two hundred grams of hashish in a liquid concentrate, liquid	2099
extract, or liquid distillate form, possession of hashish is a	2100
felony of the third degree, and there is a presumption that a	2101
prison term shall be imposed for the offense.	2102

(f) If the amount of the drug involved equals or exceeds one	2103
thousand grams of hashish in a solid form or equals or exceeds two	2104
hundred grams of hashish in a liquid concentrate, liquid extract,	2105
or liquid distillate form, possession of hashish is a felony of	2106
the second degree, and the court shall impose as a mandatory	2107
prison term the maximum prison term prescribed for a felony of the	2108
second degree.	2109

(D) Arrest or conviction for a minor misdemeanor violation of	2110
this section does not constitute a criminal record and need not be	2111
reported by the person so arrested or convicted in response to any	2112
inquiries about the person's criminal record, including any	2113
inquiries contained in any application for employment, license, or	2114
other right or privilege, or made in connection with the person's	2115
appearance as a witness.	2116

(E) In addition to any prison term or jail term authorized or	2117
required by division (C) of this section and sections 2929.13,	2118
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	2119
addition to any other sanction that is imposed for the offense	2120
under this section, sections 2929.11 to 2929.18, or sections	2121
2929.21 to 2929.28 of the Revised Code, the court that sentences	2122
an offender who is convicted of or pleads guilty to a violation of	2123
division (A) of this section shall do all of the following that	2124
are applicable regarding the offender:	2125

(1)(a) If the violation is a felony of the first, second, or	2126
third degree, the court shall impose upon the offender the	2127
mandatory fine specified for the offense under division (B)(1) of	2128
section 2929.18 of the Revised Code unless, as specified in that	2129
division, the court determines that the offender is indigent.	2130

(b) Notwithstanding any contrary provision of section 3719.21	2131
of the Revised Code, the clerk of the court shall pay a mandatory	2132
fine or other fine imposed for a violation of this section	2133
pursuant to division (A) of section 2929.18 of the Revised Code in	2134
accordance with and subject to the requirements of division (F) of	2135
section 2925.03 of the Revised Code. The agency that receives the	2136
fine shall use the fine as specified in division (F) of section	2137
2925.03 of the Revised Code.	2138

(c) If a person is charged with a violation of this section	2139
that is a felony of the first, second, or third degree, posts	2140
bail, and forfeits the bail, the clerk shall pay the forfeited	2141
bail pursuant to division (E)(1)(b) of this section as if it were	2142
a mandatory fine imposed under division (E)(1)(a) of this section.	2143

(2) The court shall suspend for not less than six months or	2144
more than five years the offender's driver's or commercial	2145
driver's license or permit.	2146

(3) If the offender is a professionally licensed person, in	2147
addition to any other sanction imposed for a violation of this	2148
section, the court immediately shall comply with section 2925.38	2149
of the Revised Code.	2150

(F) It is an affirmative defense, as provided in section	2151
2901.05 of the Revised Code, to a charge of a fourth degree felony	2152
violation under this section that the controlled substance that	2153
gave rise to the charge is in an amount, is in a form, is	2154
prepared, compounded, or mixed with substances that are not	2155
controlled substances in a manner, or is possessed under any other	2156
circumstances, that indicate that the substance was possessed	2157
solely for personal use. Notwithstanding any contrary provision	2158
of this section, if, in accordance with section 2901.05 of the	2159
Revised Code, an accused who is charged with a fourth degree	2160
felony violation of division (C)(2), (4), (5), or (6) of this	2161
section sustains the burden of going forward with evidence of and	2162
establishes by a preponderance of the evidence the affirmative	2163
defense described in this division, the accused may be prosecuted	2164
for and may plead guilty to or be convicted of a misdemeanor	2165
violation of division (C)(2) of this section or a fifth degree	2166
felony violation of division (C)(4), (5), or (6) of this section	2167
respectively.	2168

(G) When a person is charged with possessing a bulk amount or	2169
multiple of a bulk amount, division (E) of section 2925.03 of the	2170
Revised Code applies regarding the determination of the amount of	2171
the controlled substance involved at the time of the offense.	2172

Sec. 2925.22.  (A) No person, by deception, as defined in	2173
section 2913.01 of the Revised Code, shall procure the	2174
administration of, a prescription for, or the dispensing of, a	2175
dangerous drug or shall possess an uncompleted preprinted	2176
prescription blank used for writing a prescription for a dangerous	2177
drug.	2178

(B) Whoever violates this section is guilty of deception to	2179
obtain a dangerous drug. The penalty for the offense shall be	2180
determined as follows:	2181

(1) If the person possesses an uncompleted preprinted	2182
prescription blank used for writing a prescription for a dangerous	2183
drug or if the drug involved is a dangerous drug, except as	2184
otherwise provided in division (B)(2) or (3) of this section,	2185
deception to obtain a dangerous drug is a felony of the fifth	2186
degree or, if the offender previously has been convicted of or	2187
pleaded guilty to a drug abuse offense, a felony of the fourth	2188
degree. Division (C) of section 2929.13 of the Revised Code	2189
applies in determining whether to impose a prison term on the	2190
offender pursuant to this division.	2191

(2) If the drug involved is a compound, mixture, preparation,	2192
or substance included in schedule I or II, with the exception of	2193
marihuana, the penalty for deception to obtain drugs is one of the	2194
following:	2195

(a) Except as otherwise provided in division (B)(2)(b), (c),	2196
or (d) of this section, it is a felony of the fourth degree, and	2197
division (C) of section 2929.13 of the Revised Code applies in	2198
determining whether to impose a prison term on the offender.	2199

(b) If the amount of the drug involved equals or exceeds the	2200
bulk amount but is less than five times the bulk amount, or if the	2201
amount of the drug involved that could be obtained pursuant to the	2202
prescription would equal or exceed the bulk amount but would be	2203
less than five times the bulk amount, it is a felony of the third	2204
degree, and there is a presumption for a prison term for the	2205
offense.	2206

(c) If the amount of the drug involved equals or exceeds five	2207
times the bulk amount but is less than fifty times the bulk	2208
amount, or if the amount of the drug involved that could be	2209
obtained pursuant to the prescription would equal or exceed five	2210
times the bulk amount but would be less than fifty times the bulk	2211
amount, it is a felony of the second degree, and there is a	2212
presumption for a prison term for the offense.	2213

(d) If the amount of the drug involved equals or exceeds	2214
fifty times the bulk amount, or if the amount of the drug involved	2215
that could be obtained pursuant to the prescription would equal or	2216
exceed fifty times the bulk amount, it is a felony of the first	2217
degree, and there is a presumption for a prison term for the	2218
offense.	2219

(2)(3) If the drug involved is a dangerous drug or a	2220
compound, mixture, preparation, or substance included in schedule	2221
III, IV, or V or is marihuana, the penalty for deception to obtain	2222
a dangerous drug is one of the following:	2223

(a) Except as otherwise provided in division (B)(3)(b), (c),	2224
or (d) of this section it is a felony of the fifth degree, and	2225
division (C) of section 2929.13 of the Revised Code applies in	2226
determining whether to impose a prison term on the offender.	2227

(b) If the amount of the drug involved equals or exceeds the	2228
bulk amount but is less than five times the bulk amount, or if the	2229
amount of the drug involved that could be obtained pursuant to the	2230
prescription would equal or exceed the bulk amount but would be	2231
less than five times the bulk amount, it is a felony of the fourth	2232
degree, and division (C) of section 2929.13 of the Revised Code	2233
applies in determining whether to impose a prison term on the	2234
offender.	2235

(c) If the amount of the drug involved equals or exceeds five	2236
times the bulk amount but is less than fifty times the bulk	2237
amount, or if the amount of the drug involved that could be	2238
obtained pursuant to the prescription would equal or exceed five	2239
times the bulk amount but would be less than fifty times the bulk	2240
amount, it is a felony of the third degree, and there is a	2241
presumption for a prison term for the offense.	2242

(d) If the amount of the drug involved equals or exceeds	2243
fifty times the bulk amount, or if the amount of the drug involved	2244
that could be obtained pursuant to the prescription would equal or	2245
exceed fifty times the bulk amount, it is a felony of the second	2246
degree, and there is a presumption for a prison term for the	2247
offense.	2248

(C) In addition to any prison term authorized or required by	2249
division (B) of this section and sections 2929.13 and 2929.14 of	2250
the Revised Code and in addition to any other sanction imposed for	2251
the offense under this section or sections 2929.11 to 2929.18 of	2252
the Revised Code, the court that sentences an offender who is	2253
convicted of or pleads guilty to a violation of division (A) of	2254
this section shall do both of the following:	2255

(1) The court shall suspend for not less than six months or	2256
more than five years the offender's driver's or commercial	2257
driver's license or permit.	2258

(2) If the offender is a professionally licensed person, in	2259
addition to any other sanction imposed for a violation of this	2260
section, the court immediately shall comply with section 2925.38	2261
of the Revised Code.	2262

(D) Notwithstanding any contrary provision of section 3719.21	2263
of the Revised Code, the clerk of the court shall pay a fine	2264
imposed for a violation of this section pursuant to division (A)	2265
of section 2929.18 of the Revised Code in accordance with and	2266
subject to the requirements of division (F) of section 2925.03 of	2267
the Revised Code. The agency that receives the fine shall use the	2268
fine as specified in division (F) of section 2925.03 of the	2269
Revised Code.	2270

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	2271
of the Revised Code, a first offender may apply to the sentencing	2272
court if convicted in this state, or to a court of common pleas if	2273
convicted in another state or in a federal court, for the sealing	2274
of the conviction record. Application may be made at the	2275
expiration of three years after the offender's final discharge if	2276
convicted of a felony, or at the expiration of one year after the	2277
offender's final discharge if convicted of a misdemeanor.	2278

(2) Any person who has been arrested for any misdemeanor	2279
offense and who has effected a bail forfeiture may apply to the	2280
court in which the misdemeanor criminal case was pending when bail	2281
was forfeited for the sealing of the record of the case. Except as	2282
provided in section 2953.61 of the Revised Code, the application	2283
may be filed at any time after the expiration of one year from the	2284
date on which the bail forfeiture was entered upon the minutes of	2285
the court or the journal, whichever entry occurs first.	2286

(B) Upon the filing of an application under this section, the	2287
court shall set a date for a hearing and shall notify the	2288
prosecutor for the case of the hearing on the application. The	2289
prosecutor may object to the granting of the application by filing	2290
an objection with the court prior to the date set for the hearing.	2291
The prosecutor shall specify in the objection the reasons for	2292
believing a denial of the application is justified. The court	2293
shall direct its regular probation officer, a state probation	2294
officer, or the department of probation of the county in which the	2295
applicant resides to make inquiries and written reports as the	2296
court requires concerning the applicant.	2297

(C)(1) The court shall do each of the following:

2298

(a) Determine whether the applicant is a first offender or	2299
whether the forfeiture of bail was agreed to by the applicant and	2300
the prosecutor in the case. If the applicant applies as a first	2301
offender pursuant to division (A)(1) of this section and has two	2302
or three convictions that result from the same indictment,	2303
information, or complaint, from the same plea of guilty, or from	2304
the same official proceeding, and result from related criminal	2305
acts that were committed within a three-month period but do not	2306
result from the same act or from offenses committed at the same	2307
time, in making its determination under this division, the court	2308
initially shall determine whether it is not in the public interest	2309
for the two or three convictions to be counted as one conviction.	2310
If the court determines that it is not in the public interest for	2311
the two or three convictions to be counted as one conviction, the	2312
court shall determine that the applicant is not a first offender;	2313
if the court does not make that determination, the court shall	2314
determine that the offender is a first offender.	2315

(b) Determine whether criminal proceedings are pending	2316
against the applicant;	2317

(c) If the applicant is a first offender who applies pursuant	2318
to division (A)(1) of this section, determine whether the	2319
applicant has been rehabilitated to the satisfaction of the court;	2320

(d) If the prosecutor has filed an objection in accordance	2321
with division (B) of this section, consider the reasons against	2322
granting the application specified by the prosecutor in the	2323
objection;	2324

(e) Weigh the interests of the applicant in having the	2325
records pertaining to the applicant's conviction sealed against	2326
the legitimate needs, if any, of the government to maintain those	2327
records.	2328

(2) If the court determines, after complying with division	2329
(C)(1) of this section, that the applicant is a first offender or	2330
the subject of a bail forfeiture, that no criminal proceeding is	2331
pending against the applicant, and that the interests of the	2332
applicant in having the records pertaining to the applicant's	2333
conviction or bail forfeiture sealed are not outweighed by any	2334
legitimate governmental needs to maintain those records, and that	2335
the rehabilitation of an applicant who is a first offender	2336
applying pursuant to division (A)(1) of this section has been	2337
attained to the satisfaction of the court, the court, except as	2338
provided in division (G) of this section, shall order all official	2339
records pertaining to the case sealed and, except as provided in	2340
division (F) of this section, all index references to the case	2341
deleted and, in the case of bail forfeitures, shall dismiss the	2342
charges in the case. The proceedings in the case shall be	2343
considered not to have occurred and the conviction or bail	2344
forfeiture of the person who is the subject of the proceedings	2345
shall be sealed, except that upon conviction of a subsequent	2346
offense, the sealed record of prior conviction or bail forfeiture	2347
may be considered by the court in determining the sentence or	2348
other appropriate disposition, including the relief provided for	2349
in sections 2953.31 to 2953.33 of the Revised Code.	2350

(3) Upon the filing of an application under this section, the	2351
applicant, unless indigent, shall pay a fee of fifty dollars. The	2352
court shall pay thirty dollars of the fee into the state treasury.	2353
It shall pay twenty dollars of the fee into the county general	2354
revenue fund if the sealed conviction or bail forfeiture was	2355
pursuant to a state statute, or into the general revenue fund of	2356
the municipal corporation involved if the sealed conviction or	2357
bail forfeiture was pursuant to a municipal ordinance.	2358

(D) Inspection of the sealed records included in the order	2359
may be made only by the following persons or for the following	2360
purposes:	2361

(1) By a law enforcement officer or prosecutor, or the	2362
assistants of either, to determine whether the nature and	2363
character of the offense with which a person is to be charged	2364
would be affected by virtue of the person's previously having been	2365
convicted of a crime;	2366

(2) By the parole or probation officer of the person who is	2367
the subject of the records, for the exclusive use of the officer	2368
in supervising the person while on parole or under a community	2369
control sanction or a post-release control sanction, and in making	2370
inquiries and written reports as requested by the court or adult	2371
parole authority;	2372

(3) Upon application by the person who is the subject of the	2373
records, by the persons named in the application;	2374

(4) By a law enforcement officer who was involved in the	2375
case, for use in the officer's defense of a civil action arising	2376
out of the officer's involvement in that case;	2377

(5) By a prosecuting attorney or the prosecuting attorney's	2378
assistants, to determine a defendant's eligibility to enter a	2379
pre-trial diversion program established pursuant to section	2380
2935.36 of the Revised Code;	2381

(6) By any law enforcement agency or any authorized employee	2382
of a law enforcement agency or by the department of rehabilitation	2383
and correction as part of a background investigation of a person	2384
who applies for employment with the agency as a law enforcement	2385
officer or with the department as a corrections officer;	2386

(7) By any law enforcement agency or any authorized employee	2387
of a law enforcement agency, for the purposes set forth in, and in	2388
the manner provided in, section 2953.321 of the Revised Code;	2389

(8) By the bureau of criminal identification and	2390
investigation or any authorized employee of the bureau for the	2391
purpose of providing information to a board or person pursuant to	2392
division (F) or (G) of section 109.57 of the Revised Code;	2393

(9) By the bureau of criminal identification and	2394
investigation or any authorized employee of the bureau for the	2395
purpose of performing a criminal history records check on a person	2396
to whom a certificate as prescribed in section 109.77 of the	2397
Revised Code is to be awarded;	2398

(10) By the bureau of criminal identification and	2399
investigation or any authorized employee of the bureau for the	2400
purpose of conducting a criminal records check of an individual	2401
pursuant to division (B) of section 109.572 of the Revised Code	2402
that was requested pursuant to any of the sections identified in	2403
division (B)(1) of that section;	2404

(11) By the bureau of criminal identification and	2405
investigation, an authorized employee of the bureau, a sheriff, or	2406
an authorized employee of a sheriff in connection with a criminal	2407
records check described in section 311.41 of the Revised Code;	2408

(12) By the attorney general or an authorized employee of	2409
the attorney general or a court for purposes of determining a	2410
person's classification pursuant to Chapter 2950. of the Revised	2411
Code.	2412

When the nature and character of the offense with which a	2413
person is to be charged would be affected by the information, it	2414
may be used for the purpose of charging the person with an	2415
offense.	2416

(E) In any criminal proceeding, proof of any otherwise	2417
admissible prior conviction may be introduced and proved,	2418
notwithstanding the fact that for any such prior conviction an	2419
order of sealing previously was issued pursuant to sections	2420
2953.31 to 2953.36 of the Revised Code.	2421

(F) The person or governmental agency, office, or department	2422
that maintains sealed records pertaining to convictions or bail	2423
forfeitures that have been sealed pursuant to this section may	2424
maintain a manual or computerized index to the sealed records. The	2425
index shall contain only the name of, and alphanumeric identifiers	2426
that relate to, the persons who are the subject of the sealed	2427
records, the word "sealed," and the name of the person, agency,	2428
office, or department that has custody of the sealed records, and	2429
shall not contain the name of the crime committed. The index shall	2430
be made available by the person who has custody of the sealed	2431
records only for the purposes set forth in divisions (C), (D), and	2432
(E) of this section.	2433

(G) Notwithstanding any provision of this section or section	2434
2953.33 of the Revised Code that requires otherwise, a board of	2435
education of a city, local, exempted village, or joint vocational	2436
school district that maintains records of an individual who has	2437
been permanently excluded under sections 3301.121 and 3313.662 of	2438
the Revised Code is permitted to maintain records regarding a	2439
conviction that was used as the basis for the individual's	2440
permanent exclusion, regardless of a court order to seal the	2441
record. An order issued under this section to seal the record of a	2442
conviction does not revoke the adjudication order of the	2443
superintendent of public instruction to permanently exclude the	2444
individual who is the subject of the sealing order. An order	2445
issued under this section to seal the record of a conviction of an	2446
individual may be presented to a district superintendent as	2447
evidence to support the contention that the superintendent should	2448
recommend that the permanent exclusion of the individual who is	2449
the subject of the sealing order be revoked. Except as otherwise	2450
authorized by this division and sections 3301.121 and 3313.662 of	2451
the Revised Code, any school employee in possession of or having	2452
access to the sealed conviction records of an individual that were	2453
the basis of a permanent exclusion of the individual is subject to	2454
section 2953.35 of the Revised Code.	2455

Sec. 2961.01.  (A)(1) A person convicted ofwho pleads	2456
guilty to a felony under the laws of this or any other state or	2457
the United States and whose plea is accepted by the court or a	2458
person against whom a verdict or finding of guilt for committing	2459
a felony under any law of that type is returned, unless the	2460
convictionplea, verdict, or finding is reversed or annulled, is	2461
incompetent to be an elector or juror or to hold an office of	2462
honor, trust, or profit. When	2463

(2) When any person convicted of a felony under any law of	2464
that typewho under division (A)(1) of this section is incompetent	2465
to be an elector or juror or to hold an office of honor, trust, or	2466
profit is granted parole, judicial release, or a conditional	2467
pardon or is released under a non-jail community control	2468
sanction or a post-release control sanction, the person is	2469
competent to be an elector during the period of community control,	2470
parole, post-release control, or release or until the conditions	2471
of the pardon have been performed or have transpired and is	2472
competent to be an elector thereafter following final discharge.	2473
The full pardon of a person convicted of a felonywho under	2474
division (A)(1) of this section is incompetent to be an elector	2475
or juror or to hold an office of honor, trust, or profit restores	2476
the rights and privileges so forfeited under this division	2477
(A)(1) of this section, but a pardon shall not release the	2478
person convicted of a felony from the costs of a conviction in	2479
this state, unless so specified.	2480

(B) A person convicted ofwho pleads guilty to a felony	2481
under laws of this state or any other state or the United States	2482
and whose plea is accepted by the court or a person against whom	2483
a verdict or finding of guilt for committing a felony under any	2484
law of that type is returned is incompetent to circulate or serve	2485
as a witness for the signing of any declaration of candidacy and	2486
petition, voter registration application, or nominating,	2487
initiative, referendum, or recall petition.	2488

(C) As used in this section:

2489

(1) "Community control sanction" has the same meaning as in	2490
section 2929.01 of the Revised Code.	2491

(2) "Non-jail community control sanction" means a community	2492
control sanction that is neither a term in a community-based	2493
correctional facility nor a term in a jail.	2494

(3) "Post-release control" and "post-release control	2495
sanction" have the same meanings as in section 2967.01 of the	2496
Revised Code.	2497

Sec. 2961.02. (A) As used in this section:

2498

(1) "Disqualifying offense" means an offense that has both of	2499
the following characteristics:	2500

(a) It is one of the following:

2501

(i) A theft offense that is a felony;

2502

(ii) A felony under the laws of this state, another state, or	2503
the United States, that is not covered by division (A)(1)(a)(i)	2504
of this section and that involves fraud, deceit, or theft.	2505

(b) It is an offense for which the laws of this state,	2506
another state, or the United States do not otherwise contain a	2507
provision specifying permanent disqualification, or	2508
disqualification for a specified period, from holding a public	2509
office or position of public employment, or from serving as an	2510
unpaid volunteer, as a result of conviction of the offense,	2511
including, but not limited to, a provision such as that in	2512
division (C)(1) of section 2921.41 of the Revised Code.	2513

(2) "Political subdivision" has the same meaning as in	2514
section 2744.01 of the Revised Code.	2515

(3) "Private entity" includes an individual, corporation,	2516
limited liability company, business trust, estate, trust,	2517
partnership, or association that receives any funds from a state	2518
agency or political subdivision to perform an activity on behalf	2519
of the state agency or political subdivision.	2520

(4) "State agency" has the same meaning as in section 1.60	2521
of the Revised Code.	2522

(5) "Theft offense" has the same meaning as in section	2523
2913.01 of the Revised Code.	2524

(6) "Volunteer" means a person who serves as a volunteer	2525
without compensation with a state agency or political subdivision	2526
or who serves as a volunteer without compensation with a private	2527
entity, including, but not limited to, an uncompensated auxiliary	2528
police officer, auxiliary deputy sheriff, or volunteer	2529
firefighter.	2530

(B) Any person who is convicted ofpleads guilty to a	2531
disqualifying offense and whose plea is accepted by the court or	2532
any person against whom a verdict or finding of guilt for	2533
committing a disqualifying offense is returned is incompetent to	2534
hold a public office or position of public employment or to serve	2535
as a volunteer, if holding the public office or position of	2536
public employment or serving as the volunteer involves	2537
substantial management or control over the property of a state	2538
agency, political subdivision, or private entity.	2539

(C) Division (B) of this section does not apply if a	2540
conviction ofplea, verdict, or finding of the type described in	2541
that division regarding a disqualifying offense is reversed,	2542
expunged, or annulled. The full pardon of a person convicted of	2543
who has pleaded guilty to a disqualifying offense and whose plea	2544
was accepted by the court or a person against whom a verdict or	2545
finding of guilt for committing a disqualifying offense was	2546
returned restores the privileges forfeited under division (B) of	2547
this section, but the pardon does not release the person from the	2548
costs of the person's conviction in this state, unless so	2549
specified.	2550

Section 2. That existing sections 109.572, 2921.41, 2925.01,	2551
2925.03, 2925.11, 2925.22, 2953.32, 2961.01, and 2961.02 of the	2552
Revised Code are hereby repealed.	2553