| Section 1. That sections 2925.02, 2925.03, 2925.04, 2925.11, | 14 |
|
2925.14, and 3781.32 be amended and sections 2925.41, 2925.43, | 15 |
|
2925.44, 2925.45, 3728.01, 3728.02, 3728.03, 3728.04, 3728.05, | 16 |
|
3728.06, 3728.07, 3728.08, 3728.10, 3728.11, 3728.12, 3728.13, | 17 |
|
3728.14, 3728.15, 3728.16, 3728.17, 3728.18, 3728.20, 3728.21, | 18 |
|
3728.22, 3728.25, 3728.26, 3728.27, 3728.28, 3728.29, 3728.30, | 19 |
|
3728.35, 3728.36, 3728.37, 3728.371, 3728.372, 3728.373, 3728.38, | 20 |
|
3728.381, 3728.382, 3728.40, 3728.41, 3728.42, 3728.43, 3728.45, | 21 |
|
3728.47, and 3728.99 of the Revised Code be enacted to read as | 22 |
|
follows: | 23 |
| (B)(1) Division (A)(1), (3), or (4) of this section does not | 54 |
|
apply to manufacturers, wholesalers, licensed health
professionals | 55 |
|
authorized to prescribe drugs, pharmacists,
owners of pharmacies, | 56 |
|
and other persons whose conduct is in
accordance with Chapters | 57 |
|
3719., 4715., 4723., 4729., 4730., 4731., and 4741.
of
the Revised | 58 |
|
Code. | 59 |
| (1) Except as otherwise provided in this division, if the | 69 |
|
drug involved is any compound, mixture,
preparation, or substance | 70 |
|
included in schedule I or II, with the exception of
marihuana, | 71 |
|
corrupting another with drugs is a felony
of the second degree, | 72 |
|
and, subject to division
(E) of this section, the court shall | 73 |
|
impose as a
mandatory prison term one of the
prison terms | 74 |
|
prescribed for a felony of the second degree. If the drug
involved | 75 |
|
is any compound, mixture, preparation, or substance
included in | 76 |
|
schedule I or II, with the exception of marihuana, and
if
the | 77 |
|
offense was committed in the vicinity of a school,
corrupting | 78 |
|
another with
drugs is a felony of the first degree,
and, subject | 79 |
|
to division (E)
of this section, the court shall
impose as a | 80 |
|
mandatory prison term one of the
prison terms
prescribed for a | 81 |
|
felony of the first degree. | 82 |
| (2) Except as otherwise provided in this division, if the | 83 |
|
drug involved is any compound, mixture, preparation, or substance | 84 |
|
included in
schedule III, IV, or V, corrupting another with drugs | 85 |
|
is a felony of the
second degree, and there is a presumption for a | 86 |
|
prison term for the offense. If the drug involved is any
compound, | 87 |
|
mixture,
preparation, or substance included in schedule
III, IV, | 88 |
|
or
V and if the offense was committed in the vicinity of
a school, | 89 |
|
corrupting another with drugs is a felony of the second
degree, | 90 |
|
and the court
shall impose as a mandatory prison term one
of the | 91 |
|
prison terms prescribed for
a felony of the second degree. | 92 |
| (3) Except as otherwise provided in this division, if the | 93 |
|
drug involved is marihuana, corrupting another
with drugs is a | 94 |
|
felony of the fourth degree, and division (C) of
section 2929.13 | 95 |
|
of the Revised Code applies in determining whether
to impose a | 96 |
|
prison term on the offender. If the drug involved
is marihuana
and | 97 |
|
if the offense was committed in the vicinity of a
school, | 98 |
|
corrupting another with drugs is a felony of the third degree, and | 99 |
|
division
(C) of section 2929.13 of the Revised Code applies in | 100 |
|
determining whether
to impose a prison term on the offender. | 101 |
| (D) In addition to any prison term authorized or required by | 102 |
|
division (C) or (E) of this section and sections 2929.13 and | 103 |
|
2929.14 of the Revised Code and in addition to any other sanction | 104 |
|
imposed for
the offense under this section or sections 2929.11 to | 105 |
|
2929.18 of
the Revised Code, the court that
sentences an offender | 106 |
|
who is convicted of or pleads guilty to a
violation of division | 107 |
|
(A) of this section or the clerk of that court
shall do all of the | 108 |
|
following that are applicable regarding the offender: | 109 |
| (b) Notwithstanding any contrary provision of section
3719.21 | 115 |
|
of the Revised Code, any mandatory fine
imposed pursuant
to | 116 |
|
division (D)(1)(a) of this section and any
fine imposed for a | 117 |
|
violation of this section pursuant to division
(A) of section | 118 |
|
2929.18 of the Revised Code shall be paid
by the clerk of the | 119 |
|
court in accordance with and subject to the
requirements of, and | 120 |
|
shall be used as specified in, division
(F) of section 2925.03 of | 121 |
|
the Revised Code. | 122 |
| (2) The court
shall
suspend for not less than six months
nor | 129 |
|
more than five years the
offender's
driver's or commercial | 130 |
|
driver's license or permit. If an offender's driver's or | 131 |
|
commercial driver's
license or permit is
suspended
pursuant to | 132 |
|
this division,
the offender, at any time after the
expiration of | 133 |
|
two years from
the day on which the offender's
sentence was | 134 |
|
imposed or from
the
day on which the offender finally
was released | 135 |
|
from
a prison term
under the
sentence, whichever is
later, may | 136 |
|
file a motion with the
sentencing court requesting
termination of | 137 |
|
the
suspension.
Upon
the filing of the
motion and the court's | 138 |
|
finding
of good cause
for the termination,
the court may terminate | 139 |
|
the
suspension. | 140 |
| (E) Notwithstanding the prison term otherwise authorized or | 145 |
|
required for the offense under division (C) of this section and | 146 |
|
sections 2929.13 and 2929.14 of the Revised Code, if the violation | 147 |
|
of division
(A)
of this section involves the sale, offer to sell, | 148 |
|
or possession
of a schedule
I or II controlled substance, with the | 149 |
|
exception of marihuana,
and if the court imposing sentence upon | 150 |
|
the offender finds that the
offender as a result of the violation | 151 |
|
is a major
drug offender and is guilty of a specification of the | 152 |
|
type described in
section 2941.1410 of the Revised Code,
the | 153 |
|
court, in lieu of the prison term that otherwise is
authorized or | 154 |
|
required, shall impose upon the offender the mandatory prison term | 155 |
|
specified
in division (D)(3)(a) of section 2929.14 of the Revised | 156 |
|
Code and may
impose an additional prison term under division | 157 |
|
(D)(3)(b) of that section. | 158 |
| (1) Manufacturers, licensed health professionals
authorized | 168 |
|
to prescribe drugs, pharmacists, owners of
pharmacies, and other | 169 |
|
persons whose conduct is in accordance with
Chapters 3719., 4715., | 170 |
|
4723., 4729., 4730., 4731., and
4741. of the Revised Code; | 171 |
| (3) Any person who sells, offers for sale, prescribes, | 176 |
|
dispenses, or administers for livestock or other nonhuman species | 177 |
|
an anabolic steroid that is expressly intended for administration | 178 |
|
through implants to livestock or other nonhuman species and | 179 |
|
approved for that purpose under the
"Federal Food, Drug, and | 180 |
|
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 181 |
|
and is sold, offered for sale, prescribed, dispensed, or | 182 |
|
administered for that purpose in accordance with that act; | 183 |
| (1) If the drug involved in the violation is any
compound, | 189 |
|
mixture, preparation, or substance included in schedule
I or | 190 |
|
schedule II, with the exception of
marihuana, cocaine, L.S.D., | 191 |
|
heroin, and hashish,
whoever
violates division (A) of this section | 192 |
|
is guilty of
aggravated trafficking in drugs. The penalty for the | 193 |
|
offense
shall be determined as follows: | 194 |
| (b) Except as otherwise provided in division
(C)(1)(c), (d), | 200 |
|
(e), or (f) of
this section, if the offense was committed in the | 201 |
|
vicinity of a school or in
the vicinity of a juvenile, aggravated | 202 |
|
trafficking in drugs is a felony of the
third degree, and division | 203 |
|
(C) of section 2929.13 of the Revised Code applies
in determining | 204 |
|
whether to impose a prison term on the offender. | 205 |
| (c) Except as otherwise provided in this division, if the | 206 |
|
amount
of the drug involved equals or exceeds
the bulk amount but | 207 |
|
is less than five times the
bulk amount, aggravated
trafficking in | 208 |
|
drugs
is a felony of the third degree, and the court shall impose | 209 |
|
as a
mandatory prison term one of the prison terms prescribed for | 210 |
|
a
felony of the third degree. If the amount of the drug involved | 211 |
|
is within that range and if the offense was committed in the | 212 |
|
vicinity of a school or in the vicinity of a juvenile, aggravated | 213 |
|
trafficking in drugs is a felony of the second degree, and the | 214 |
|
court shall impose as a mandatory prison term one of the prison | 215 |
|
terms prescribed for a felony of the second degree. | 216 |
| (d) Except as otherwise provided in this division, if the | 217 |
|
amount
of the drug involved equals or exceeds
five times the bulk | 218 |
|
amount but is less than
fifty times the bulk amount,
aggravated | 219 |
|
trafficking in drugs is a felony of the second degree, and the | 220 |
|
court shall impose as a mandatory prison term one of the prison | 221 |
|
terms prescribed for a felony of the second degree. If the
amount | 222 |
|
of the drug involved is within that range and if the
offense was | 223 |
|
committed in the vicinity of a school or in the
vicinity of a | 224 |
|
juvenile, aggravated trafficking in drugs is a
felony of the first | 225 |
|
degree, and the court shall impose as a
mandatory prison term one | 226 |
|
of the prison terms prescribed for a
felony of the first degree. | 227 |
| (e) If the amount of the drug involved equals or exceeds | 228 |
|
fifty times the bulk amount but is less than one
hundred times
the | 229 |
|
bulk amount and regardless of whether the offense was
committed in | 230 |
|
the vicinity of a school or in the vicinity of a
juvenile, | 231 |
|
aggravated trafficking in drugs is a felony of the
first degree, | 232 |
|
and the court shall impose as a mandatory prison
term one of the | 233 |
|
prison terms prescribed for a felony of the first
degree. | 234 |
| (f) If the amount of the drug involved equals or exceeds
one | 235 |
|
hundred times the bulk amount and regardless of whether the | 236 |
|
offense was committed in the vicinity of a school or in the | 237 |
|
vicinity of a juvenile, aggravated trafficking in drugs is a | 238 |
|
felony of the first degree, the offender is a major drug
offender, | 239 |
|
and the court shall impose as a
mandatory prison term the maximum | 240 |
|
prison term prescribed for a
felony of the first degree and may | 241 |
|
impose an additional prison
term prescribed for a major drug | 242 |
|
offender under division
(D)(3)(b) of section 2929.14 of the | 243 |
|
Revised Code. | 244 |
| (b) Except as otherwise provided in division
(C)(2)(c), (d), | 255 |
|
or (e) of this section,
if the offense was committed in the | 256 |
|
vicinity of a
school or in the vicinity of a juvenile, trafficking | 257 |
|
in drugs is
a felony of the fourth degree, and
division (C) of | 258 |
|
section 2929.13 of the Revised Code applies in determining
whether | 259 |
|
to impose a prison term on the offender. | 260 |
| (c) Except as otherwise provided in this division, if the | 261 |
|
amount
of the drug involved equals or exceeds
the bulk amount but | 262 |
|
is less than five times the
bulk amount, trafficking in
drugs is a | 263 |
|
felony of the fourth degree, and there is a presumption for a | 264 |
|
prison term for the offense. If the amount of the drug involved
is | 265 |
|
within that range and if the offense was committed in the
vicinity | 266 |
|
of a school or in the vicinity of a juvenile,
trafficking
in drugs | 267 |
|
is a felony of the third degree, and there
is a
presumption for a | 268 |
|
prison term for the offense. | 269 |
| (d) Except as otherwise provided in this division, if the | 270 |
|
amount
of the drug involved equals or exceeds
five times the bulk | 271 |
|
amount but is less than
fifty times the
bulk amount, trafficking | 272 |
|
in drugs is a felony of the third degree, and there
is a | 273 |
|
presumption
for a prison term for the offense. If the amount of | 274 |
|
the drug
involved is within that range and if the offense was | 275 |
|
committed in
the vicinity of a school or in the vicinity of a | 276 |
|
juvenile,
trafficking in drugs is a felony of the second degree, | 277 |
|
and there
is a presumption for a prison term for the offense. | 278 |
| (e) Except as otherwise provided in this division, if the | 279 |
|
amount
of the drug involved equals or exceeds
fifty times the bulk | 280 |
|
amount, trafficking in drugs is a felony of the second
degree, and | 281 |
|
the
court shall impose as a mandatory prison term one of the | 282 |
|
prison
terms prescribed for a felony of the second degree. If the | 283 |
|
amount of the drug involved equals or exceeds fifty times the bulk | 284 |
|
amount
and if the offense was committed in the vicinity of a | 285 |
|
school or
in the vicinity of a juvenile, trafficking in drugs is a | 286 |
|
felony
of the first degree, and the court shall impose as a | 287 |
|
mandatory
prison term one of the prison terms prescribed for a | 288 |
|
felony of
the first degree. | 289 |
| (b) Except as otherwise provided in division
(C)(3)(c), (d), | 300 |
|
(e), (f), or
(g) of
this section, if the offense was committed in | 301 |
|
the vicinity of
a school or in the vicinity of a juvenile, | 302 |
|
trafficking in
marihuana is a felony of the fourth degree, and | 303 |
|
division (C) of section 2929.13 of the Revised Code applies in | 304 |
|
determining
whether to impose a prison term on the offender. | 305 |
| (c) Except as otherwise provided in this division, if the | 306 |
|
amount
of the drug involved equals or exceeds
two hundred grams | 307 |
|
but is less than one thousand
grams, trafficking in
marihuana is a | 308 |
|
felony
of the fourth degree, and division (C) of section 2929.13 | 309 |
|
of the Revised Code
applies in determining whether
to impose a | 310 |
|
prison term on the offender. If the amount of the drug
involved
is | 311 |
|
within that range and if the offense was committed in
the
vicinity | 312 |
|
of a school or in the vicinity of a juvenile,
trafficking
in | 313 |
|
marihuana is a felony of the third degree, and
division (C) of | 314 |
|
section 2929.13 of the Revised Code applies in determining
whether | 315 |
|
to impose a prison term on the offender. | 316 |
| (d) Except as otherwise provided in this division, if the | 317 |
|
amount
of the drug involved equals or exceeds
one thousand grams | 318 |
|
but is less than five
thousand grams, trafficking in
marihuana is | 319 |
|
a felony
of the third degree, and division (C) of section 2929.13 | 320 |
|
of the Revised Code
applies
in determining whether to impose a | 321 |
|
prison term on the offender. If the amount
of the drug involved
is | 322 |
|
within that range and if the offense was committed in the
vicinity | 323 |
|
of a school or in the vicinity of a juvenile,
trafficking
in | 324 |
|
marihuana is a felony of the second degree, and
there is a | 325 |
|
presumption that a prison term shall be imposed for the offense. | 326 |
| (e) Except as otherwise provided in this division, if the | 327 |
|
amount
of the drug involved equals or exceeds
five thousand grams | 328 |
|
but is less than twenty
thousand grams, trafficking in
marihuana | 329 |
|
is a
felony of the third degree, and there is a presumption that a | 330 |
|
prison term shall be imposed for the offense. If the amount of
the | 331 |
|
drug involved is within that range and if the offense was | 332 |
|
committed in the vicinity of a school or in the vicinity of a | 333 |
|
juvenile, trafficking in marihuana is a felony of the second | 334 |
|
degree, and there is a presumption that a prison term shall be | 335 |
|
imposed for the offense. | 336 |
| (f) Except as otherwise provided in this division, if the | 337 |
|
amount
of the drug involved equals or exceeds
twenty thousand | 338 |
|
grams, trafficking in marihuana is a felony of the second
degree, | 339 |
|
and
the court shall impose as a mandatory prison term the maximum | 340 |
|
prison term prescribed for a felony of the second degree. If the | 341 |
|
amount of the drug involved equals or exceeds twenty thousand | 342 |
|
grams and
if
the offense was committed in the vicinity of a school | 343 |
|
or in the
vicinity of a juvenile, trafficking in marihuana is a | 344 |
|
felony of
the first degree, and the court shall impose as a | 345 |
|
mandatory
prison term the maximum prison term prescribed for a | 346 |
|
felony of
the first degree. | 347 |
| (g) Except as otherwise provided in this division, if
the | 348 |
|
offense involves a gift of twenty grams or less of
marihuana, | 349 |
|
trafficking in marihuana is a minor misdemeanor upon
a first | 350 |
|
offense and a misdemeanor of the third degree upon a
subsequent | 351 |
|
offense. If the offense involves a gift of twenty
grams or less
of | 352 |
|
marihuana and if the offense was committed in
the vicinity of a | 353 |
|
school or in the vicinity of a juvenile,
trafficking in marihuana | 354 |
|
is a misdemeanor of the third degree. | 355 |
| (b) Except as otherwise provided in division
(C)(4)(c), (d), | 366 |
|
(e), (f), or
(g) of this section, if the offense was committed in | 367 |
|
the
vicinity of a
school or in the vicinity of a juvenile, | 368 |
|
trafficking in cocaine
is a felony of the fourth degree, and | 369 |
|
division (C) of section 2929.13 of the Revised Code applies in | 370 |
|
determining
whether
to impose a prison term on the offender. | 371 |
| (c) Except as otherwise provided in this division, if the | 372 |
|
amount
of the drug involved equals or exceeds five grams but is | 373 |
|
less than
ten grams of
cocaine
that is not crack cocaine or equals | 374 |
|
or exceeds one gram
but is less than five
grams of crack cocaine, | 375 |
|
trafficking in cocaine is a felony of the
fourth degree, and there | 376 |
|
is a presumption for a prison term for the
offense. If the amount | 377 |
|
of the drug involved is within one of those ranges and
if the | 378 |
|
offense was committed in the vicinity of a school or
in the | 379 |
|
vicinity of a juvenile, trafficking in cocaine is a felony
of the | 380 |
|
third degree, and there is a presumption for a prison term
for the | 381 |
|
offense. | 382 |
| (d) Except as otherwise provided in this division, if the | 383 |
|
amount
of the drug involved equals or exceeds ten grams but is | 384 |
|
less than
one hundred grams
of cocaine that is not crack cocaine | 385 |
|
or
equals or exceeds five grams but is less than ten grams of | 386 |
|
crack
cocaine, trafficking in
cocaine is a felony of
the third | 387 |
|
degree, and the court shall impose as a mandatory prison
term one | 388 |
|
of the prison terms prescribed for a felony of the third
degree. | 389 |
|
If the amount of the drug involved is within one of those ranges | 390 |
|
and
if the
offense was committed in the vicinity of a school or
in | 391 |
|
the vicinity of a juvenile,
trafficking in cocaine is a
felony
of | 392 |
|
the second degree, and the court shall impose as a mandatory | 393 |
|
prison term one of the prison terms prescribed for a felony of
the | 394 |
|
second degree. | 395 |
| (e) Except as otherwise provided in this division, if the | 396 |
|
amount
of the drug involved equals or exceeds one hundred grams | 397 |
|
but is less
than five
hundred grams of cocaine that is not crack | 398 |
|
cocaine or equals or exceeds ten grams
but is less than | 399 |
|
twenty-five grams of crack
cocaine,
trafficking in cocaine is a | 400 |
|
felony of
the second degree, and the court shall impose as a | 401 |
|
mandatory
prison term one of the prison terms prescribed for a | 402 |
|
felony of
the second degree. If the amount of the drug involved
is | 403 |
|
within
one of those ranges and
if the offense was committed in
the | 404 |
|
vicinity of a
school or in the vicinity of a juvenile,
trafficking | 405 |
|
in
cocaine
is a felony of the first degree, and the
court shall | 406 |
|
impose as a
mandatory prison term one of the prison
terms | 407 |
|
prescribed for a
felony of the first degree. | 408 |
| (f) If the amount of the drug involved equals or exceeds
five | 409 |
|
hundred grams but is less than one thousand
grams
of cocaine
that | 410 |
|
is not crack cocaine or equals or
exceeds twenty-five grams
but is | 411 |
|
less than one hundred grams of crack
cocaine and
regardless
of | 412 |
|
whether the
offense was committed in the vicinity of a school
or | 413 |
|
in the vicinity of a
juvenile,
trafficking in
cocaine is a
felony | 414 |
|
of the first degree, and the court shall
impose as a
mandatory | 415 |
|
prison term one of the prison terms
prescribed for a
felony of the | 416 |
|
first degree. | 417 |
| (g) If the amount of the drug involved equals or exceeds
one | 418 |
|
thousand grams of cocaine that is not crack
cocaine or equals or | 419 |
|
exceeds one
hundred grams of crack cocaine
and regardless of | 420 |
|
whether the offense was committed in the vicinity of a
school or | 421 |
|
in the vicinity of a juvenile, trafficking in cocaine
is a felony | 422 |
|
of the first degree, the offender is a major drug
offender,
and | 423 |
|
the court shall impose as a mandatory prison term the maximum | 424 |
|
prison term prescribed for a felony of the first degree and may | 425 |
|
impose an additional mandatory prison term prescribed for a major | 426 |
|
drug offender under division (D)(3)(b)
of section 2929.14 of the | 427 |
|
Revised Code. | 428 |
| (b) Except as otherwise provided in division
(C)(5)(c), (d), | 439 |
|
(e), (f), or
(g) of this section, if the offense was committed in | 440 |
|
the
vicinity of a school or in the vicinity of a juvenile, | 441 |
|
trafficking in L.S.D. is a felony of the fourth
degree, and | 442 |
|
division (C) of section 2929.13 of the Revised Code applies in | 443 |
|
determining whether to impose a prison term on the offender. | 444 |
| (c) Except as otherwise provided in this division, if the | 445 |
|
amount
of the drug involved equals or exceeds
ten unit doses but | 446 |
|
is less than fifty unit doses
of L.S.D. in a solid form or equals | 447 |
|
or exceeds one gram
but is less than five grams of L.S.D. in a | 448 |
|
liquid
concentrate, liquid
extract, or liquid distillate form, | 449 |
|
trafficking in
L.S.D. is a felony of the fourth degree,
and there | 450 |
|
is a presumption for a prison term for the offense. If
the amount | 451 |
|
of the drug involved is within that range and if the
offense was | 452 |
|
committed in the vicinity of a school or in the
vicinity of a | 453 |
|
juvenile, trafficking in
L.S.D. is a felony of the third degree, | 454 |
|
and there is a presumption for a prison term for the offense. | 455 |
| (d) Except as otherwise provided in this division, if the | 456 |
|
amount
of the drug involved equals or exceeds
fifty unit doses but | 457 |
|
is less than two hundred
fifty unit doses
of L.S.D. in a solid | 458 |
|
form or equals or exceeds five grams
but is less than twenty-five | 459 |
|
grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid | 460 |
|
distillate form,
trafficking
in
L.S.D. is a felony of the third | 461 |
|
degree,
and the court shall impose as a mandatory prison term one | 462 |
|
of the
prison terms prescribed for a felony of the third degree. | 463 |
|
If the
amount of the drug involved is within that range and if the | 464 |
|
offense was committed in the vicinity of a school or in the | 465 |
|
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the | 466 |
|
second degree,
and the court shall impose as a mandatory prison | 467 |
|
term one of the
prison terms prescribed for a felony of the second | 468 |
|
degree. | 469 |
| (e) Except as otherwise provided in this division, if the | 470 |
|
amount
of the drug involved equals or exceeds
two hundred fifty | 471 |
|
unit doses but is less than
one thousand
unit doses
of L.S.D. in a | 472 |
|
solid form or equals or exceeds twenty-five
grams but
is less than | 473 |
|
one hundred grams of L.S.D. in a
liquid
concentrate, liquid | 474 |
|
extract, or liquid distillate form,
trafficking in
L.S.D. is a | 475 |
|
felony of the second degree,
and the court shall impose as a | 476 |
|
mandatory prison term one of the
prison terms prescribed for a | 477 |
|
felony of the second degree. If
the amount of the drug involved
is | 478 |
|
within that range and if the
offense was committed in the
vicinity | 479 |
|
of a school or in the
vicinity of a juvenile, trafficking
in | 480 |
|
L.S.D. is a felony of the first degree,
and the court shall
impose | 481 |
|
as a mandatory prison term one of the
prison terms
prescribed for | 482 |
|
a felony of the first degree. | 483 |
| (f) If the amount of the drug involved equals or exceeds
one | 484 |
|
thousand unit doses but is less than five
thousand unit
doses
of | 485 |
|
L.S.D. in a solid form or equals or exceeds one hundred
grams but | 486 |
|
is less than five hundred grams of L.S.D. in a
liquid
concentrate, | 487 |
|
liquid extract, or liquid distillate form
and regardless of | 488 |
|
whether the offense was committed in the vicinity of a
school or | 489 |
|
in the vicinity of a juvenile, trafficking in
L.S.D. is a felony | 490 |
|
of the
first degree, and the court shall impose as a mandatory | 491 |
|
prison
term one of the prison terms prescribed for a felony of the | 492 |
|
first
degree. | 493 |
| (g) If the amount of the drug involved equals or exceeds
five | 494 |
|
thousand unit doses
of L.S.D. in a solid form or equals or
exceeds | 495 |
|
five
hundred grams of
L.S.D. in a liquid concentrate,
liquid | 496 |
|
extract, or
liquid
distillate form
and regardless of
whether the | 497 |
|
offense was committed
in the vicinity of a school or
in the | 498 |
|
vicinity of a juvenile, trafficking in
L.S.D. is
a
felony
of the | 499 |
|
first degree, the offender is a major drug
offender, and
the court | 500 |
|
shall impose as a
mandatory prison term the maximum
prison term | 501 |
|
prescribed for a
felony of the first degree and may
impose an | 502 |
|
additional mandatory
prison term prescribed for a major
drug | 503 |
|
offender under
division (D)(3)(b) of section 2929.14 of
the | 504 |
|
Revised Code. | 505 |
| (b) Except as otherwise provided in
division (C)(6)(c), (d), | 516 |
|
(e),
(f), or (g) of this section, if the offense was committed
in | 517 |
|
the vicinity
of a school
or in the vicinity of a juvenile, | 518 |
|
trafficking in heroin is a
felony of the fourth degree, and | 519 |
|
division (C) of section 2929.13 of the
Revised Code
applies in | 520 |
|
determining whether to impose a prison term on the offender. | 521 |
| (c) Except as otherwise provided in this division, if the | 522 |
|
amount
of the drug involved equals or exceeds ten unit doses but | 523 |
|
is less than
fifty unit doses or equals or exceeds
one gram but is | 524 |
|
less than five grams,
trafficking in heroin is a felony of
the | 525 |
|
fourth degree,
and there is a presumption for a prison term for | 526 |
|
the offense. If
the amount of the drug involved is within that | 527 |
|
range and if the
offense was committed in the vicinity of a school | 528 |
|
or in the
vicinity of a juvenile, trafficking in heroin is a | 529 |
|
felony of the
third degree, and there is a presumption for a | 530 |
|
prison term for
the offense. | 531 |
| (d) Except as otherwise provided in this division, if the | 532 |
|
amount
of the drug involved equals or exceeds fifty unit doses but | 533 |
|
is less than
one hundred unit doses or equals or exceeds five | 534 |
|
grams but is less than ten grams, trafficking in
heroin is a | 535 |
|
felony of the
third degree,
and there is a presumption for a | 536 |
|
prison term for the offense.
If the amount of the drug involved | 537 |
|
is within that range and if
the offense was committed in the | 538 |
|
vicinity of a school or in the
vicinity of a juvenile, trafficking | 539 |
|
in heroin is a felony of the
second degree, and there is a | 540 |
|
presumption for a prison term for
the offense. | 541 |
| (e) Except as otherwise provided in this division, if the | 542 |
|
amount
of the drug involved equals or exceeds one hundred unit | 543 |
|
doses but is less
than five hundred unit doses or equals or | 544 |
|
exceeds
ten grams but is less than fifty grams,
trafficking in | 545 |
|
heroin is a felony
of the second degree,
and the court shall | 546 |
|
impose as a mandatory prison term one of the
prison terms | 547 |
|
prescribed for a felony of the second degree. If
the amount of
the | 548 |
|
drug involved is within that range and if the
offense was | 549 |
|
committed in the vicinity of a school or in the
vicinity of a | 550 |
|
juvenile, trafficking in heroin is a felony of the
first degree, | 551 |
|
and the court shall impose as a mandatory prison
term one of the | 552 |
|
prison terms prescribed for a felony of the first
degree. | 553 |
| (f) If the amount of the drug involved equals or exceeds
five | 554 |
|
hundred unit
doses but is less than two thousand five hundred
unit | 555 |
|
doses or equals or
exceeds
fifty grams but is less than two | 556 |
|
hundred fifty
grams and regardless of
whether the offense was | 557 |
|
committed in the vicinity of a school or in the
vicinity of a | 558 |
|
juvenile, trafficking in
heroin is a felony of the first degree, | 559 |
|
and the court shall
impose as a mandatory prison term one of the | 560 |
|
prison terms
prescribed for a felony of the first degree. | 561 |
| (g) If the amount of the drug involved equals or exceeds two | 562 |
|
thousand five
hundred unit doses or equals or exceeds
two hundred | 563 |
|
fifty grams and regardless of whether the offense was committed in | 564 |
|
the vicinity of a school or in the vicinity of a juvenile, | 565 |
|
trafficking in
heroin is a felony of the first
degree, the | 566 |
|
offender is a major drug offender,
and the court shall impose as a | 567 |
|
mandatory prison term the
maximum prison term prescribed for a | 568 |
|
felony of the first degree
and may impose an additional mandatory | 569 |
|
prison term prescribed for
a major drug offender under division | 570 |
|
(D)(3)(b) of section 2929.14 of the
Revised Code. | 571 |
| (b) Except as otherwise provided in division
(C)(7)(c), (d), | 582 |
|
(e), or (f)
of this section, if the offense was committed in the | 583 |
|
vicinity
of a
school or in the vicinity of a juvenile, trafficking | 584 |
|
in hashish
is a felony of the fourth degree, and division (C) of | 585 |
|
section 2929.13
of the Revised Code applies in determining whether | 586 |
|
to impose a prison term on
the offender. | 587 |
| (c) Except as otherwise provided in this division, if the | 588 |
|
amount
of the drug involved equals or exceeds ten grams but is | 589 |
|
less than
fifty grams of
hashish in a solid form or equals or | 590 |
|
exceeds two grams but is less
than ten grams of
hashish in a | 591 |
|
liquid concentrate, liquid extract, or liquid distillate form, | 592 |
|
trafficking in hashish is a felony of the fourth
degree, and | 593 |
|
division (C) of section 2929.13 of the Revised Code applies in | 594 |
|
determining whether to impose a prison term on the offender. If | 595 |
|
the amount of
the drug involved is within that range
and if the | 596 |
|
offense was committed in the vicinity of a school or
in the | 597 |
|
vicinity of a juvenile, trafficking in hashish is a felony
of the | 598 |
|
third degree, and division (C) of section 2929.13 of the Revised | 599 |
|
Code
applies
in determining whether to impose a prison term on the | 600 |
|
offender. | 601 |
| (d) Except as otherwise provided in this division, if the | 602 |
|
amount
of the drug involved equals or exceeds fifty grams but is | 603 |
|
less
than two hundred fifty
grams of hashish in a solid form or | 604 |
|
equals or exceeds ten grams but
is less than
fifty grams of | 605 |
|
hashish in a liquid concentrate, liquid extract, or liquid | 606 |
|
distillate form, trafficking in hashish is a
felony of the
third | 607 |
|
degree, and division (C) of section 2929.13 of the Revised Code | 608 |
|
applies
in
determining whether to impose a prison term on the | 609 |
|
offender. If the amount of
the drug involved is within that range | 610 |
|
and if the offense was committed in the vicinity of a school or
in | 611 |
|
the vicinity of a juvenile, trafficking in hashish is a felony
of | 612 |
|
the second degree, and
there is a presumption that a prison term | 613 |
|
shall be imposed for the offense. | 614 |
| (e) Except as otherwise provided in this division, if the | 615 |
|
amount
of the drug involved equals or exceeds two hundred fifty | 616 |
|
grams but
is less than one
thousand grams of hashish in a solid | 617 |
|
form or equals or exceeds fifty
grams but is less than two hundred | 618 |
|
grams of hashish in a liquid
concentrate, liquid extract,
or | 619 |
|
liquid distillate form, trafficking in hashish is a felony of
the | 620 |
|
third degree, and there is a presumption that a prison term shall | 621 |
|
be
imposed for the offense. If the amount of the drug involved is | 622 |
|
within
that range and if the offense was committed in the vicinity | 623 |
|
of a
school or in the vicinity of a juvenile, trafficking in | 624 |
|
hashish
is a felony of the second degree, and there is a | 625 |
|
presumption that a prison
term shall be imposed for the offense. | 626 |
| (f) Except as otherwise provided in this division, if the | 627 |
|
amount
of the drug involved equals or exceeds
one thousand grams | 628 |
|
of hashish in a solid form or equals or exceeds two
hundred grams | 629 |
|
of
hashish in a liquid concentrate, liquid extract, or liquid | 630 |
|
distillate form,
trafficking in
hashish is a felony of the second | 631 |
|
degree, and the court shall
impose as a mandatory prison term the | 632 |
|
maximum prison term
prescribed for a felony of the second degree. | 633 |
|
If the amount of the drug
involved
is within that range
and if the | 634 |
|
offense was committed in the vicinity of a school or in the | 635 |
|
vicinity of a juvenile, trafficking in hashish is a felony of
the | 636 |
|
first degree,
and the court shall impose as a mandatory prison | 637 |
|
term the maximum
prison term prescribed for a felony of the first | 638 |
|
degree. | 639 |
| (D) In addition to any prison term authorized
or required by | 640 |
|
division (C) of this section and sections
2929.13 and 2929.14 of | 641 |
|
the Revised Code, and in
addition to any other sanction imposed | 642 |
|
for the offense under this
section or sections 2929.11 to 2929.18 | 643 |
|
of the Revised
Code, the court that sentences an offender who is | 644 |
|
convicted of or pleads guilty to a violation of division
(A) of | 645 |
|
this section shall do all of the following that
are applicable | 646 |
|
regarding the offender: | 647 |
| (1) If the violation of division (A) of this
section is a | 648 |
|
felony of the first, second, or third degree, the
court shall | 649 |
|
impose upon the offender the mandatory fine specified
for the | 650 |
|
offense under division (B)(1) of section 2929.18
of the Revised | 651 |
|
Code unless, as specified in that
division, the court determines | 652 |
|
that the offender is indigent. Except as
otherwise provided in | 653 |
|
division (H)(1) of this section, a
mandatory fine or any other | 654 |
|
fine imposed for a violation of this
section is subject to | 655 |
|
division (F) of this
section. If a person is charged with a | 656 |
|
violation of this section
that is a felony of the first, second, | 657 |
|
or third degree, posts
bail, and forfeits the bail, the clerk of | 658 |
|
the court shall pay the
forfeited bail
pursuant to divisions | 659 |
|
(D)(1) and
(F) of this section, as if the forfeited bail was a | 660 |
|
fine
imposed for a violation of this section. If any amount of
the | 661 |
|
forfeited bail
remains after that payment and if a fine is
imposed | 662 |
|
under division (H)(1) of
this section, the clerk of the
court | 663 |
|
shall pay the remaining amount of the
forfeited bail
pursuant to | 664 |
|
divisions (H)(2) and (3) of this section, as if
that
remaining | 665 |
|
amount was a fine imposed under division (H)(1) of this
section. | 666 |
| (E) When a person is charged with the
sale of or offer to | 673 |
|
sell a bulk amount
or a multiple of a bulk amount of a controlled | 674 |
|
substance, the jury, or the
court trying the
accused, shall | 675 |
|
determine the amount of the controlled substance
involved at the | 676 |
|
time of the offense and, if a guilty verdict is
returned, shall | 677 |
|
return the findings as part of the verdict. In
any such case, it | 678 |
|
is unnecessary to find and return the exact
amount of the | 679 |
|
controlled substance involved, and it is sufficient if the
finding | 680 |
|
and return is to the effect that the amount of the
controlled | 681 |
|
substance involved is the requisite
amount, or that the amount of | 682 |
|
the controlled
substance involved is less than the requisite | 683 |
|
amount. | 684 |
| (F)(1) Notwithstanding any contrary provision of section | 685 |
|
3719.21 of the Revised Code and except as provided in division (H) | 686 |
|
of this
section, the clerk of the court shall pay any mandatory | 687 |
|
fine imposed pursuant
to division (D)(1) of this section and any | 688 |
|
fine other than a
mandatory fine that is imposed for
a violation | 689 |
|
of this section pursuant to division (A) or (B)(5) of section | 690 |
|
2929.18 of the Revised Code to the
county, township, municipal | 691 |
|
corporation, park district, as
created pursuant to section 511.18 | 692 |
|
or 1545.04 of the Revised
Code, or state law enforcement agencies | 693 |
|
in this state that
primarily were responsible for or involved in | 694 |
|
making the arrest
of, and in prosecuting, the offender. However, | 695 |
|
the clerk shall not
pay a mandatory fine
so imposed to a law | 696 |
|
enforcement agency unless the
agency has adopted a written | 697 |
|
internal control policy under
division (F)(2) of this section that | 698 |
|
addresses the use of
the
fine moneys that it receives. Each
agency | 699 |
|
shall use
the mandatory fines so paid to subsidize the
agency's | 700 |
|
law enforcement
efforts that
pertain to drug offenses, in | 701 |
|
accordance with the written internal
control policy adopted by the | 702 |
|
recipient agency under division
(F)(2) of this section. | 703 |
| (2)(a) Prior to receiving any fine moneys under division | 704 |
|
(F)(1) of this section or division (B) of section 2925.42 of
the | 705 |
|
Revised Code, a law enforcement agency shall adopt a written | 706 |
|
internal control policy that addresses the agency's use and | 707 |
|
disposition of all fine moneys so received and that provides for | 708 |
|
the keeping of detailed financial records of the receipts of
those | 709 |
|
fine moneys, the general types of expenditures made out of
those | 710 |
|
fine moneys, and the specific amount of each general type
of | 711 |
|
expenditure. The policy shall not provide for or permit the | 712 |
|
identification of any specific expenditure that is made in an | 713 |
|
ongoing investigation. All financial records of the receipts of | 714 |
|
those fine moneys, the general types of expenditures made out of | 715 |
|
those fine moneys, and the specific amount of each general type
of | 716 |
|
expenditure by an agency are public records open for
inspection | 717 |
|
under section 149.43 of the Revised Code.
Additionally, a written | 718 |
|
internal control policy adopted under
this division is such a | 719 |
|
public record, and the agency that
adopted it shall comply with | 720 |
|
it. | 721 |
| (b) Each law enforcement agency that receives in any
calendar | 722 |
|
year any fine moneys under division (F)(1) of this
section or | 723 |
|
division (B) of section 2925.42 of the Revised Code
shall prepare | 724 |
|
a report covering the calendar year that cumulates
all of the | 725 |
|
information contained in all of the public financial
records kept | 726 |
|
by the agency pursuant to division (F)(2)(a) of this
section for | 727 |
|
that calendar year, and shall send a copy of the
cumulative | 728 |
|
report, no later than the first day of March in the
calendar year | 729 |
|
following the calendar year covered by the report,
to the attorney | 730 |
|
general. Each report received by the attorney
general is a public | 731 |
|
record open for inspection under section
149.43 of the Revised | 732 |
|
Code. Not later than the fifteenth
day of
April in the calendar | 733 |
|
year in which the reports
are received, the
attorney general shall | 734 |
|
send
to the president of the senate
and the
speaker of the house | 735 |
|
of representatives
a written notification
that does all of the | 736 |
|
following: | 737 |
| (G) When required under division
(D)(2) of
this section
or | 752 |
|
any other provision of this chapter, the court
shall suspend for | 753 |
|
not less than six months
or
more than five years the driver's or | 754 |
|
commercial driver's license
or permit
of any person who is | 755 |
|
convicted of or pleads guilty to
any
violation of this section
or | 756 |
|
any other specified
provision of this chapter. If an offender's | 757 |
|
driver's or
commercial driver's license or permit is
suspended | 758 |
|
pursuant to this
division,
the offender, at any time after the | 759 |
|
expiration of two years from
the day on which the offender's | 760 |
|
sentence was imposed or from the
day on
which the offender finally | 761 |
|
was released from a
prison
term under the
sentence, whichever is | 762 |
|
later, may file a motion with the
sentencing court requesting | 763 |
|
termination of the
suspension; upon
the filing of such
a motion | 764 |
|
and the court's finding of good cause
for the
termination, the | 765 |
|
court may terminate the
suspension. | 766 |
| (H)(1) In addition to any prison term
authorized or required | 767 |
|
by division (C) of this section and
sections 2929.13 and 2929.14 | 768 |
|
of the
Revised Code, in addition to any other
penalty or sanction | 769 |
|
imposed for the offense under this section
or sections 2929.11 to | 770 |
|
2929.18 of the
Revised Code, and in addition to the
forfeiture of | 771 |
|
property in connection with the offense as
prescribed in Chapter | 772 |
|
2981. of the
Revised Code, the court that sentences
an offender | 773 |
|
who is convicted of or pleads guilty to a violation
of
division | 774 |
|
(A) of this section may impose upon the offender an
additional | 775 |
|
fine specified for the offense in
division (B)(4) of
section | 776 |
|
2929.18 of the Revised Code. A fine imposed under
division (H)(1) | 777 |
|
of this section
is not subject to division (F) of
this section and | 778 |
|
shall
be used solely for the support of one or
more eligible | 779 |
|
alcohol
and drug addiction programs in accordance
with divisions | 780 |
|
(H)(2) and (3) of this section. | 781 |
| (2) The court that imposes a fine under division
(H)(1) of | 782 |
|
this section shall
specify in the judgment that imposes the fine | 783 |
|
one or more
eligible alcohol and drug addiction programs for the | 784 |
|
support of
which the fine money is to be used. No alcohol and
drug | 785 |
|
addiction program shall receive or use money paid or
collected
in | 786 |
|
satisfaction of a fine imposed under division
(H)(1)
of this | 787 |
|
section unless
the program is specified in the judgment
that | 788 |
|
imposes the fine.
No alcohol and drug addiction program
shall be | 789 |
|
specified in the
judgment unless the program is an
eligible | 790 |
|
alcohol and drug
addiction program and, except as
otherwise | 791 |
|
provided in division
(H)(2) of this section, unless
the
program is | 792 |
|
located in the county in which the court that
imposes
the fine is | 793 |
|
located or in a county that is immediately
contiguous
to the | 794 |
|
county in which that court is located. If no
eligible
alcohol and | 795 |
|
drug addiction program is located in any
of those
counties, the | 796 |
|
judgment may specify an eligible alcohol
and drug
addiction | 797 |
|
program that is located anywhere within this
state. | 798 |
| (3) Notwithstanding any contrary provision of section
3719.21 | 799 |
|
of the Revised Code, the clerk of the court
shall pay any
fine | 800 |
|
imposed under division
(H)(1) of this section to the eligible | 801 |
|
alcohol and drug addiction
program specified pursuant to division | 802 |
|
(H)(2) of this section in the
judgment. The eligible alcohol and | 803 |
|
drug addiction program that receives the
fine moneys shall use the | 804 |
|
moneys only for the
alcohol and drug addiction services identified | 805 |
|
in the
application for certification under section 3793.06 of the | 806 |
|
Revised Code or in the application for a
license under section | 807 |
|
3793.11 of the Revised Code filed with
the department of alcohol | 808 |
|
and drug addiction services by the alcohol and drug
addiction | 809 |
|
program specified in the judgment. | 810 |
| (4) Each alcohol and drug addiction program that receives
in | 811 |
|
a calendar year any fine moneys under division
(H)(3) of this | 812 |
|
section shall
file an annual report covering that calendar year | 813 |
|
with the court
of common pleas and the board of county | 814 |
|
commissioners of the
county in which the program is located, with | 815 |
|
the court of common pleas and the
board of county commissioners of | 816 |
|
each county from which the program received
the moneys if that | 817 |
|
county is different from the county in which the program is | 818 |
|
located, and with the attorney general. The alcohol and drug | 819 |
|
addiction
program shall file the report no later than the first | 820 |
|
day of March in
the calendar year
following the calendar year in | 821 |
|
which the program received the
fine moneys. The report shall | 822 |
|
include statistics on the number
of persons served by the alcohol | 823 |
|
and drug addiction program,
identify the types of alcohol and drug | 824 |
|
addiction services
provided to those persons, and include a | 825 |
|
specific accounting of
the purposes for which the fine moneys | 826 |
|
received were used. No
information contained in the report shall | 827 |
|
identify, or enable a
person to determine the identity of, any | 828 |
|
person served by the
alcohol and drug addiction program. Each | 829 |
|
report received by a
court of common pleas, a board of county | 830 |
|
commissioners, or the
attorney general is a public record open for | 831 |
|
inspection under
section 149.43 of the Revised Code. | 832 |
| (2)
Except as otherwise provided in this division, if the | 857 |
|
drug involved in the violation of division
(A) of this section is | 858 |
|
any compound, mixture,
preparation, or substance included in | 859 |
|
schedule I or
II, with the exception of methamphetamine or | 860 |
|
marihuana, illegal
manufacture
of drugs is a felony of the second | 861 |
|
degree, and,
subject to
division (E) of this section, the court | 862 |
|
shall impose as
a
mandatory prison term one of the prison terms | 863 |
|
prescribed for a
felony of the second degree. | 864 |
| If the drug involved in the violation is any compound, | 865 |
|
mixture, preparation, or substance included in schedule I or II, | 866 |
|
with the exception of methamphetamine or marihuana, and if the | 867 |
|
offense was committed in the vicinity of a juvenile or in the | 868 |
|
vicinity of a school, illegal manufacture of drugs is a felony of | 869 |
|
the first degree, and, subject to division (E) of this section, | 870 |
|
the court shall impose as a mandatory prison term one of the | 871 |
|
prison terms prescribed for a felony of the first degree. | 872 |
| (a) Except as otherwise provided in division (C)(3)(b) of | 876 |
|
this section, if the drug involved in the violation is | 877 |
|
methamphetamine, illegal manufacture of drugs is a felony of the | 878 |
|
second degree, and, subject to division (E) of this section, the | 879 |
|
court shall impose a mandatory prison term on the offender | 880 |
|
determined in accordance with this division. Except as otherwise | 881 |
|
provided in this division, the court shall impose as a mandatory | 882 |
|
prison term one of the prison terms prescribed for a felony of the | 883 |
|
second degree that is not less than three years. If the offender | 884 |
|
previously has been convicted of or pleaded guilty to a violation | 885 |
|
of division (A) of this section, a violation of division (B)(6) of | 886 |
|
section 2919.22 of the Revised Code, or a violation of division | 887 |
|
(A) of section 2925.041 of the Revised Code, the court shall | 888 |
|
impose as a mandatory prison term one of the prison terms | 889 |
|
prescribed for a felony of the second degree that is not less than | 890 |
|
five years. | 891 |
| (b) If the drug involved in the violation is methamphetamine | 892 |
|
and if the offense was committed in the vicinity of a juvenile, in | 893 |
|
the vicinity of a school, or
on
public premises, illegal | 894 |
|
manufacture of drugs is a felony of the
first degree, and, subject | 895 |
|
to division (E) of this section, the
court shall impose a | 896 |
|
mandatory prison term on the offender determined in accordance | 897 |
|
with this division. Except as otherwise provided in this division, | 898 |
|
the court shall impose as a mandatory prison term one of the | 899 |
|
prison terms prescribed for a felony of the first degree that is | 900 |
|
not less than four years. If the offender previously has been | 901 |
|
convicted of or pleaded guilty to a violation of division (A) of | 902 |
|
this section, a violation of division (B)(6) of section 2919.22 of | 903 |
|
the Revised Code, or a violation of division (A) of section | 904 |
|
2925.041 of the Revised Code, the court shall impose as a | 905 |
|
mandatory prison term one of the prison
terms prescribed for a | 906 |
|
felony of the first degree that is not less than five years. | 907 |
| (4) If the drug involved in the violation of division
(A) of | 908 |
|
this section is any compound, mixture,
preparation, or substance | 909 |
|
included in schedule III,
IV, or V, illegal manufacture of drugs | 910 |
|
is a
felony of the third degree or, if the offense was committed | 911 |
|
in the vicinity of a school or in the vicinity of a juvenile, a | 912 |
|
felony of the second degree, and there is a presumption for a | 913 |
|
prison term for the offense. | 914 |
| (c) If the amount of marihuana involved equals or exceeds
two | 927 |
|
hundred grams but is less than one
thousand grams, illegal | 928 |
|
cultivation of marihuana is a felony of the fifth degree or, if | 929 |
|
the offense was committed in the vicinity of a school or in the | 930 |
|
vicinity of a juvenile, a felony of the fourth degree, and | 931 |
|
division (B) of section 2929.13 of the Revised Code applies in | 932 |
|
determining
whether to impose a prison term on the offender. | 933 |
| (d) If the amount of marihuana involved equals or exceeds
one | 934 |
|
thousand grams but is less than five
thousand grams,
illegal | 935 |
|
cultivation of marihuana is a felony of the third degree or, if | 936 |
|
the offense was committed in the vicinity of a school or in the | 937 |
|
vicinity of a juvenile, a felony of the second degree,
and | 938 |
|
division (C) of section 2929.13 of the Revised Code applies in | 939 |
|
determining
whether
to impose a prison term on the offender. | 940 |
| (f) Except as otherwise provided in this division, if the | 947 |
|
amount of marihuana involved equals or exceeds
twenty thousand | 948 |
|
grams, illegal cultivation of marihuana is a
felony of the second | 949 |
|
degree, and the court shall impose as a
mandatory prison term the | 950 |
|
maximum prison term prescribed for a
felony of the second degree. | 951 |
|
If the amount of the drug involved equals or exceeds twenty | 952 |
|
thousand grams and if the offense was committed in the vicinity of | 953 |
|
a school or in the vicinity of a juvenile, illegal cultivation of | 954 |
|
marihuana is a felony of the first degree, and the court shall | 955 |
|
impose as a mandatory prison term the maximum prison term | 956 |
|
prescribed for a felony of the first degree. | 957 |
| (D) In addition to any prison term authorized
or required by | 958 |
|
division (C) or (E) of this
section and sections 2929.13 and | 959 |
|
2929.14 of the Revised
Code and in addition to any other sanction | 960 |
|
imposed for
the offense under this section or sections 2929.11 to | 961 |
|
2929.18 of
the Revised Code, the court that sentences an
offender | 962 |
|
who is convicted of or pleads guilty to a violation of
division | 963 |
|
(A) of this section shall do all of the
following that are | 964 |
|
applicable regarding the offender: | 965 |
| (1) If the violation of division (A) of this
section is a | 966 |
|
felony of the
first, second, or third degree, the court
shall | 967 |
|
impose upon the offender the mandatory fine specified for
the | 968 |
|
offense under division (B)(1) of section 2929.18 of
the Revised | 969 |
|
Code unless, as specified in that
division, the court determines | 970 |
|
that the offender is
indigent. The clerk of the court shall pay a | 971 |
|
mandatory fine or
other fine imposed for a violation of this | 972 |
|
section pursuant to
division (A) of section 2929.18 of the Revised | 973 |
|
Code in accordance with and subject to the requirements
of | 974 |
|
division (F) of section 2925.03 of the Revised
Code. The agency | 975 |
|
that receives the fine shall use the
fine as specified in division | 976 |
|
(F) of section 2925.03 of
the Revised Code. If a person is
charged | 977 |
|
with a
violation of this section that is a felony of the
first, | 978 |
|
second, or third
degree, posts bail, and forfeits the bail,
the | 979 |
|
clerk shall pay
the forfeited bail as if the forfeited bail
were a | 980 |
|
fine imposed
for a violation of this section. | 981 |
| (2) The court shall
suspend the offender's
driver's or | 982 |
|
commercial driver's license or permit in accordance
with division | 983 |
|
(G) of section 2925.03 of the
Revised Code. If an
offender's | 984 |
|
driver's or
commercial driver's license or permit is
suspended in | 985 |
|
accordance
with that division, the offender
may request | 986 |
|
termination of, and
the court may terminate, the
suspension in | 987 |
|
accordance with that
division. | 988 |
| (E) Notwithstanding the prison term otherwise
authorized or | 992 |
|
required for the offense under division (C)
of this section and | 993 |
|
sections 2929.13 and 2929.14 of the
Revised Code, if the violation | 994 |
|
of division
(A) of this section involves the sale, offer to sell, | 995 |
|
or
possession of a schedule I or II controlled
substance, with the | 996 |
|
exception of marihuana, and if the court imposing
sentence upon | 997 |
|
the offender finds that the offender
as a result of the violation | 998 |
|
is a major drug offender and is guilty
of a specification of the | 999 |
|
type described in section 2941.1410 of the Revised Code, the | 1000 |
|
court, in lieu of the prison term otherwise authorized or | 1001 |
|
required, shall impose upon the offender the mandatory prison
term | 1002 |
|
specified in division (D)(3)(a) of
section 2929.14 of the Revised | 1003 |
|
Code and may
impose an additional prison term under division | 1004 |
|
(D)(3)(b) of that section. | 1005 |
| (F) It is an affirmative defense, as
provided in section | 1006 |
|
2901.05 of the Revised Code,
to a charge under this section for a | 1007 |
|
fifth degree felony violation of
illegal cultivation of
marihuana | 1008 |
|
that the marihuana that gave rise to the charge is in
an amount, | 1009 |
|
is in a form, is prepared, compounded, or mixed with
substances | 1010 |
|
that are not controlled substances in a manner, or is
possessed or | 1011 |
|
cultivated under any other circumstances that
indicate that the | 1012 |
|
marihuana was solely for personal use. | 1013 |
| Notwithstanding any contrary provision of division
(F) of | 1014 |
|
this section, if, in
accordance with section 2901.05 of the | 1015 |
|
Revised
Code, a person who is charged
with a violation of illegal | 1016 |
|
cultivation of marihuana that is a
felony of the fifth degree | 1017 |
|
sustains the burden of going forward
with evidence of and | 1018 |
|
establishes by a preponderance of the
evidence the affirmative | 1019 |
|
defense described in this division, the
person may be prosecuted | 1020 |
|
for and may be convicted of or plead
guilty to a misdemeanor | 1021 |
|
violation of illegal cultivation of
marihuana. | 1022 |
| (G) Arrest or conviction for a minor
misdemeanor violation
of | 1023 |
|
this section does not constitute a
criminal record and need not
be | 1024 |
|
reported by the person so
arrested or convicted in response to
any | 1025 |
|
inquiries about the
person's criminal record, including any | 1026 |
|
inquiries contained in an
application for employment, a license, | 1027 |
|
or any other right or
privilege or made in connection with the | 1028 |
|
person's appearance as a
witness. | 1029 |
| (1) Manufacturers, licensed health professionals
authorized | 1033 |
|
to prescribe drugs, pharmacists, owners of
pharmacies, and other | 1034 |
|
persons whose conduct was in accordance
with Chapters 3719., | 1035 |
|
4715., 4723., 4729., 4730., 4731.,
and 4741. of the Revised Code; | 1036 |
| (3) Any person who sells, offers for sale, prescribes, | 1041 |
|
dispenses, or administers for livestock or other nonhuman species | 1042 |
|
an anabolic steroid that is expressly intended for administration | 1043 |
|
through implants to livestock or other nonhuman species and | 1044 |
|
approved for that purpose under the
"Federal Food, Drug, and | 1045 |
|
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 1046 |
|
and is sold, offered for sale, prescribed, dispensed, or | 1047 |
|
administered for that purpose in accordance with that act; | 1048 |
| (1) If the drug involved in the violation is a compound, | 1057 |
|
mixture,
preparation, or substance included in schedule I or II, | 1058 |
|
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and | 1059 |
|
hashish, whoever violates division (A) of
this section is guilty | 1060 |
|
of aggravated possession of drugs. The
penalty for the offense | 1061 |
|
shall be determined as follows: | 1062 |
| (e) If the amount of the drug involved equals or exceeds one | 1083 |
|
hundred
times the bulk
amount, aggravated possession of drugs is a | 1084 |
|
felony of the first degree, the
offender is a major drug offender, | 1085 |
|
and
the court shall impose as a mandatory prison term the maximum | 1086 |
|
prison term
prescribed for a felony of the first degree and may | 1087 |
|
impose an additional
mandatory prison term prescribed for a major | 1088 |
|
drug offender under division
(D)(3)(b) of section 2929.14 of the | 1089 |
|
Revised Code. | 1090 |
| (a) Except as otherwise provided in division
(C)(2)(b), (c), | 1096 |
|
or (d) of this section,
possession of drugs is a misdemeanor of | 1097 |
|
the third degree or, if the offender previously has been
convicted | 1098 |
|
of a drug abuse offense, a misdemeanor of the second
degree. If | 1099 |
|
the drug involved in the violation is an anabolic
steroid included | 1100 |
|
in schedule III and if the offense is a
misdemeanor of the third | 1101 |
|
degree under this division, in lieu of
sentencing the offender to | 1102 |
|
a term of imprisonment in a detention
facility, the court may | 1103 |
|
place the offender
under a community
control sanction, as defined | 1104 |
|
in section 2929.01 of the Revised
Code, that requires the offender | 1105 |
|
to perform supervised community
service work pursuant to
division | 1106 |
|
(B) of section 2951.02 of the
Revised
Code. | 1107 |
| (d) If the amount of the drug involved equals or exceeds
one | 1175 |
|
hundred grams but is less than five hundred
grams
of cocaine that | 1176 |
|
is not crack cocaine or equals or
exceeds ten grams but is less | 1177 |
|
than twenty-five grams of crack cocaine,
possession
of
cocaine is | 1178 |
|
a felony of the second degree, and the
court shall impose as a | 1179 |
|
mandatory prison term one of the prison
terms prescribed for a | 1180 |
|
felony of the second degree. | 1181 |
| (e) If the amount of the drug involved equals or exceeds
five | 1182 |
|
hundred grams but is less than one thousand
grams
of cocaine
that | 1183 |
|
is not crack cocaine or
equals or exceeds twenty-five grams
but
is | 1184 |
|
less than one hundred grams of crack cocaine,
possession of | 1185 |
|
cocaine is a felony of the first degree, and the
court shall | 1186 |
|
impose as a mandatory prison term one of the prison
terms | 1187 |
|
prescribed for a felony of the first degree. | 1188 |
| (f) If the amount of the drug involved equals or exceeds
one | 1189 |
|
thousand grams of cocaine that is not crack
cocaine or equals or | 1190 |
|
exceeds one
hundred grams of crack cocaine, possession of cocaine | 1191 |
|
is a felony of
the first degree, the offender is a major drug | 1192 |
|
offender, and the
court shall impose as a mandatory prison
term | 1193 |
|
the maximum prison term prescribed for a felony of the first | 1194 |
|
degree and may impose an additional mandatory prison term | 1195 |
|
prescribed for a major drug offender under division
(D)(3)(b) of | 1196 |
|
section 2929.14 of the
Revised Code. | 1197 |
| (b) If the amount of L.S.D. involved equals or exceeds ten | 1206 |
|
unit doses
but is less than fifty unit doses
of L.S.D. in a solid | 1207 |
|
form or equals or exceeds one gram
but is less than five grams of | 1208 |
|
L.S.D.
in a liquid concentrate, liquid extract, or liquid | 1209 |
|
distillate
form, possession of
L.S.D. is a felony of the fourth | 1210 |
|
degree,
and division (C) of section 2929.13 of the Revised Code | 1211 |
|
applies in determining
whether to impose a prison term on the | 1212 |
|
offender. | 1213 |
| (c) If the amount of
L.S.D. involved equals or exceeds fifty | 1214 |
|
unit doses,
but is less than two hundred fifty unit doses
of | 1215 |
|
L.S.D. in a solid form or equals or exceeds five grams
but is less | 1216 |
|
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid | 1217 |
|
extract, or liquid distillate
form, possession of L.S.D. is a | 1218 |
|
felony of the third degree, and there is a
presumption for a | 1219 |
|
prison term for the offense. | 1220 |
| (d) If the amount of
L.S.D. involved equals or exceeds two | 1221 |
|
hundred fifty
unit doses but is less than one thousand unit
doses | 1222 |
|
of L.S.D. in a solid form or equals or exceeds twenty-five
grams | 1223 |
|
but is less than one hundred grams of
L.S.D. in a liquid | 1224 |
|
concentrate,
liquid extract, or liquid distillate form,
possession | 1225 |
|
of L.S.D. is a felony of the
second degree, and the court shall | 1226 |
|
impose as a mandatory prison
term one of the prison terms | 1227 |
|
prescribed for a felony of the
second degree. | 1228 |
| (e) If the amount of
L.S.D. involved equals or exceeds one | 1229 |
|
thousand unit
doses but is less than five thousand unit doses
of | 1230 |
|
L.S.D. in a solid form or equals or exceeds one hundred
grams but | 1231 |
|
is less than five hundred grams of
L.S.D.
in a liquid concentrate, | 1232 |
|
liquid extract, or liquid distillate
form, possession of L.S.D. is | 1233 |
|
a felony of the first degree,
and the court shall impose as a | 1234 |
|
mandatory prison term one of the
prison terms prescribed for a | 1235 |
|
felony of the first degree. | 1236 |
| (f) If the amount of
L.S.D. involved equals or exceeds five | 1237 |
|
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds | 1238 |
|
five
hundred grams of L.S.D.
in a liquid concentrate, liquid | 1239 |
|
extract, or liquid distillate
form, possession of L.S.D. is a | 1240 |
|
felony of the first degree, the offender is a major drug
offender, | 1241 |
|
and the court shall impose as a
mandatory prison term the maximum | 1242 |
|
prison term prescribed for a
felony of the first degree and may | 1243 |
|
impose an additional mandatory
prison term prescribed for a major | 1244 |
|
drug offender under division
(D)(3)(b) of section 2929.14 of the | 1245 |
|
Revised Code. | 1246 |
| (f) If the amount of the drug involved equals or exceeds two | 1280 |
|
thousand five
hundred unit doses or equals or exceeds
two hundred | 1281 |
|
fifty grams, possession of heroin is a felony of the
first degree, | 1282 |
|
the offender is a major drug offender, and the
court shall impose | 1283 |
|
as a mandatory prison
term the maximum prison term prescribed for | 1284 |
|
a felony of the first
degree and may impose an additional | 1285 |
|
mandatory prison term
prescribed for a major drug offender under | 1286 |
|
division
(D)(3)(b) of section 2929.14 of the
Revised Code. | 1287 |
| (c) If the amount of the drug involved equals or exceeds
ten | 1301 |
|
grams but is less than fifty grams of
hashish in a solid form or | 1302 |
|
equals or
exceeds two grams but is less than ten grams of
hashish | 1303 |
|
in a liquid
concentrate, liquid extract, or liquid distillate | 1304 |
|
form,
possession of hashish is a felony of the fifth degree, and | 1305 |
|
division
(B) of section 2929.13 of the Revised Code applies in | 1306 |
|
determining whether to
impose
a prison term on the offender. | 1307 |
| (d) If the amount of the drug involved equals or exceeds | 1308 |
|
fifty grams but is less than two hundred fifty
grams of hashish in | 1309 |
|
a solid
form or equals or exceeds ten grams but is
less than fifty | 1310 |
|
grams of hashish in a
liquid concentrate, liquid extract, or | 1311 |
|
liquid distillate form,
possession of hashish is a felony of the | 1312 |
|
third degree, and division
(C) of section 2929.13 of the Revised | 1313 |
|
Code applies in determining whether to impose
a prison term on the | 1314 |
|
offender. | 1315 |
| (e) If the amount of the drug involved equals or exceeds
two | 1316 |
|
hundred fifty grams but is less than one
thousand grams of hashish | 1317 |
|
in a
solid form or equals or exceeds fifty grams but
is less than | 1318 |
|
two hundred grams of
hashish in a liquid concentrate, liquid | 1319 |
|
extract, or liquid distillate form,
possession of hashish is a | 1320 |
|
felony of the third degree, and there is a
presumption that a | 1321 |
|
prison term shall be imposed for the offense. | 1322 |
| (E) In addition to any prison term
or jail term authorized
or | 1337 |
|
required by
division (C) of this section and sections
2929.13, | 1338 |
|
2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in | 1339 |
|
addition to any other sanction that is
imposed for the
offense | 1340 |
|
under this section, sections 2929.11 to
2929.18, or
sections | 1341 |
|
2929.21 to 2929.28 of
the
Revised Code, the court that
sentences | 1342 |
|
an
offender
who is convicted of or pleads guilty to a
violation of | 1343 |
|
division
(A) of this section shall do all of the
following that | 1344 |
|
are
applicable regarding the offender: | 1345 |
| (b) Notwithstanding any contrary provision of section
3719.21 | 1351 |
|
of the Revised Code, the clerk of the
court shall pay a
mandatory | 1352 |
|
fine or other fine
imposed for a violation of this
section | 1353 |
|
pursuant to division (A) of section
2929.18 of the Revised
Code in | 1354 |
|
accordance with and subject to the requirements
of
division (F) of | 1355 |
|
section 2925.03 of the Revised Code. The agency
that
receives the | 1356 |
|
fine shall use the fine as specified in division
(F) of section | 1357 |
|
2925.03 of the Revised Code. | 1358 |
| (F) It is an affirmative defense, as provided in section | 1371 |
|
2901.05 of the Revised Code, to a charge of a fourth degree felony | 1372 |
|
violation under this section that the controlled substance that | 1373 |
|
gave
rise
to the charge is in an
amount, is in a form, is | 1374 |
|
prepared, compounded, or mixed with substances that
are
not | 1375 |
|
controlled substances in a manner, or is possessed
under any
other | 1376 |
|
circumstances, that indicate that the substance was possessed | 1377 |
|
solely for
personal use.
Notwithstanding any contrary provision | 1378 |
|
of this section, if, in accordance
with section 2901.05 of the | 1379 |
|
Revised Code, an accused who is charged with a
fourth degree | 1380 |
|
felony violation of division (C)(2), (4), (5), or (6) of this | 1381 |
|
section
sustains the burden of going forward with evidence of and | 1382 |
|
establishes by a
preponderance of the evidence the affirmative | 1383 |
|
defense described in this
division, the accused may be prosecuted | 1384 |
|
for and may plead guilty to or be
convicted of a misdemeanor | 1385 |
|
violation of division (C)(2) of this
section or a fifth degree | 1386 |
|
felony violation of division (C)(4), (5), or (6) of this section | 1387 |
|
respectively. | 1388 |
| Sec. 2925.14. (A) As used in this section,
"drug | 1393 |
|
paraphernalia" means any equipment, product, or material of any | 1394 |
|
kind that is used by the offender, intended by the offender for | 1395 |
|
use, or designed for use, in propagating, cultivating, growing, | 1396 |
|
harvesting, manufacturing, compounding, converting, producing, | 1397 |
|
processing, preparing, testing, analyzing, packaging,
repackaging, | 1398 |
|
storing, containing, concealing, injecting,
ingesting, inhaling, | 1399 |
|
or otherwise introducing into the human
body, a controlled | 1400 |
|
substance in violation of this chapter.
"Drug
paraphernalia" | 1401 |
|
includes, but is not limited to, any of the
following equipment, | 1402 |
|
products, or materials that are used by the
offender, intended by | 1403 |
|
the offender for use, or designed by the
offender for use, in any | 1404 |
|
of the following manners: | 1405 |
| (13) An object, instrument, or device for ingesting, | 1433 |
|
inhaling, or otherwise introducing into the human body,
marihuana, | 1434 |
|
cocaine, hashish, or hashish oil, such as a
metal,
wooden, | 1435 |
|
acrylic, glass, stone, plastic, or ceramic pipe, with or
without a | 1436 |
|
screen, permanent screen, hashish head, or punctured
metal bowl; | 1437 |
|
water pipe; carburetion tube or device; smoking or
carburetion | 1438 |
|
mask; roach clip or similar object used to hold
burning material, | 1439 |
|
such as a marihuana cigarette, that has become
too small or too | 1440 |
|
short to be held in the hand; miniature cocaine
spoon, or cocaine | 1441 |
|
vial; chamber pipe; carburetor pipe; electric
pipe; air driver | 1442 |
|
pipe; chillum; bong; or ice pipe or chiller. | 1443 |
| (5) Direct or circumstantial evidence of the intent of the | 1456 |
|
owner, or of
anyone in control, of the
equipment, product,
or | 1457 |
|
material, to deliver it to any person whom the owner
or person
in | 1458 |
|
control of the
equipment, product, or material knows
intends to | 1459 |
|
use the object to
facilitate a violation of any
provision of this | 1460 |
|
chapter. A finding that the
owner, or anyone in
control, of the
| 1461 |
|
equipment, product, or material, is not
guilty of a
violation of | 1462 |
|
any other provision of this chapter does
not
prevent a finding | 1463 |
|
that the
equipment, product, or
material was intended or designed | 1464 |
|
by the
offender for use as drug
paraphernalia. | 1465 |
| (3) No person shall place an advertisement in any
newspaper, | 1487 |
|
magazine, handbill, or other publication that is
published and | 1488 |
|
printed and circulates primarily within this state,
if the person | 1489 |
|
knows that the purpose of the advertisement is to
promote the | 1490 |
|
illegal sale in this state of the equipment, product, or material | 1491 |
|
that the offender intended or designed for use as drug | 1492 |
|
paraphernalia. | 1493 |
| (D)(1) This section does not apply to manufacturers,
licensed | 1494 |
|
health professionals authorized to prescribe
drugs, pharmacists, | 1495 |
|
owners of pharmacies, and other
persons whose conduct is in | 1496 |
|
accordance with Chapters 3719., 4715.,
4723., 4729., 4730., 4731., | 1497 |
|
and
4741. of
the Revised Code. This section shall not be construed | 1498 |
|
to
prohibit the possession or use of a hypodermic as authorized by | 1499 |
|
section 3719.172 of the Revised Code. | 1500 |
| (G) In addition to any other sanction imposed
upon an | 1523 |
|
offender for a
violation of this section, the court shall suspend | 1524 |
|
for not less
than six months or more than five years the | 1525 |
|
offender's driver's or
commercial
driver's license or permit. If | 1526 |
|
the
offender is a professionally
licensed person, in addition
to | 1527 |
|
any other sanction imposed for a
violation of this section, the | 1528 |
|
court
immediately shall
comply with section 2925.38 of the
Revised | 1529 |
|
Code. | 1530 |
| (C)(1) There is a presumption that a registered qualifying | 1550 |
|
patient is engaged in the medical use of cannabis if the patient | 1551 |
|
is in possession of a valid registry identification card and an | 1552 |
|
amount of usable cannabis or number of mature cannabis plants that | 1553 |
|
does not exceed the limit established by division (B)(1) of | 1554 |
|
section 3728.02 of the Revised Code or rules adopted under section | 1555 |
|
3728.371 of the Revised Code. The presumption may be rebutted by | 1556 |
|
evidence that conduct related to cannabis was not for the purpose | 1557 |
|
of treating or alleviating the registered qualifying patient's | 1558 |
|
debilitating medical condition or symptoms associated with the | 1559 |
|
debilitating medical condition. | 1560 |
| (2) There is a presumption that a registered primary | 1561 |
|
caregiver is engaging in an activity authorized by section 3728.03 | 1562 |
|
of the Revised Code if the registered primary caregiver is in | 1563 |
|
possession of a valid registry identification card and an amount | 1564 |
|
of usable cannabis or number of mature cannabis plants that does | 1565 |
|
not exceed the limit established by division (B)(1) of section | 1566 |
|
3728.02 of the Revised Code or rules adopted under section | 1567 |
|
3728.371 of the Revised Code. The presumption may be rebutted by | 1568 |
|
evidence that conduct related to cannabis was not for the purpose | 1569 |
|
of treating or alleviating the debilitating medical condition or | 1570 |
|
symptoms associated with the debilitating medical condition of a | 1571 |
|
registered qualifying patient for whom the registered primary | 1572 |
|
caregiver serves as a registered primary caregiver. | 1573 |
| (B) No person shall be subject to arrest, prosecution, or any | 1578 |
|
criminal or civil penalty or shall be denied any right or | 1579 |
|
privilege solely for being in the presence or vicinity of a | 1580 |
|
registered primary caregiver engaging in the medical use of | 1581 |
|
cannabis or for assisting a registered qualifying patient's use or | 1582 |
|
administration of cannabis, regardless of whether the person is a | 1583 |
|
registered primary caregiver. | 1584 |
| (C) No law enforcement officer or law enforcement agency | 1585 |
|
shall seize any cannabis, cannabis paraphernalia, licit property, | 1586 |
|
or interest in licit property that is possessed, owned, or used in | 1587 |
|
connection with a registered qualifying patient's medical use of | 1588 |
|
cannabis or in connection with acts incidental to a registered | 1589 |
|
qualifying patient's medical use of cannabis. No court shall order | 1590 |
|
the forfeiture of any cannabis, cannabis paraphernalia, licit | 1591 |
|
property, or interest in licit property that is so possessed, | 1592 |
|
owned, or used. If a law enforcement officer seizes and does not | 1593 |
|
return cannabis that is possessed by a cardholder in accordance | 1594 |
|
with section 3728.02 or 3728.03 of the Revised Code, the agency | 1595 |
|
that employs the officer shall be liable to the cardholder for the | 1596 |
|
value of the cannabis. | 1597 |
| Sec. 2925.44. If an individual being investigated by a law | 1598 |
|
enforcement officer employed by a state-funded or locally funded | 1599 |
|
law enforcement agency credibly asserts during the course of the | 1600 |
|
investigation that he or she is a registered qualifying patient or | 1601 |
|
registered primary caregiver, neither the law enforcement officer | 1602 |
|
nor the law enforcement agency shall provide any information, | 1603 |
|
except as required by federal law or the United States | 1604 |
|
Constitution, from any cannabis-related investigation of the | 1605 |
|
person to any law enforcement authority that does not recognize | 1606 |
|
the protections of sections 2925.41 to 2925.44 of the Revised | 1607 |
|
Code. Any prosecution of the individual for a violation of this | 1608 |
|
chapter shall be conducted pursuant to the laws of this state. | 1609 |
| (1) A practitioner has stated that in the practitioner's | 1616 |
|
professional opinion and scope of practice and after having | 1617 |
|
completed a full assessment of the person's medical history and | 1618 |
|
current medical condition made in the course of a bona fide | 1619 |
|
practitioner-patient relationship the person is likely to receive | 1620 |
|
therapeutic or palliative benefit from the medical use of cannabis | 1621 |
|
to treat or alleviate the person's serious or debilitating medical | 1622 |
|
condition or symptoms associated with the person's serious or | 1623 |
|
debilitating medical condition. | 1624 |
| (3) The person was engaged in the acquisition, possession, | 1631 |
|
cultivation, manufacture, use, delivery, transfer, or | 1632 |
|
transportation of cannabis or paraphernalia relating to the | 1633 |
|
administration of cannabis to treat or alleviate the serious or | 1634 |
|
debilitating medical condition or symptoms associated with the | 1635 |
|
serious or debilitating medical condition. | 1636 |
| (F) "Licensing agency" means a department, division, board, | 1671 |
| section of a board, or other state governmental unit authorized by | 1672 |
|
the Revised Code to issue a license, certificate, permit, card, or | 1673 |
|
other authority to engage in a specific profession, occupation, or | 1674 |
|
occupational activity, or to have charge of and operate certain | 1675 |
|
specified equipment, machinery, or premises. | 1676 |
| Sec. 3728.06. A cardholder may deliver, transport, transfer, | 1804 |
|
or otherwise provide cannabis to another
cardholder if the | 1805 |
|
transfer does not cause the other cardholder to
possess more | 1806 |
|
usable cannabis or mature cannabis plants than
permitted by | 1807 |
|
division (B)(1) of section 3728.02, division (B)(1)
of section | 1808 |
|
3728.03 of the Revised Code, or rules adopted under
section | 1809 |
|
3728.371 of the Revised Code. | 1810 |
| Sec. 3728.08. A practitioner may sign a written | 1814 |
|
certification for a qualifying patient stating that in the | 1815 |
|
practitioner's professional opinion and scope of practice the | 1816 |
|
qualifying patient is likely to receive therapeutic or palliative | 1817 |
|
benefit from the medical use of cannabis. The practitioner may | 1818 |
|
sign the written certification only in the course of a bona fide | 1819 |
|
practitioner-patient relationship with the qualifying patient and | 1820 |
|
after the practitioner has completed a full assessment of the | 1821 |
|
qualifying patient's medical history. The written certification | 1822 |
|
shall specify the qualifying patient's debilitating medical | 1823 |
|
condition. | 1824 |
| Sec. 3728.12. (A) The department of health shall verify the | 1864 |
|
information contained in an application for an initial or renewed | 1865 |
|
registry identification card under section 3728.10 or 3728.11 of | 1866 |
|
the Revised Code and, in accordance with Chapter 119. of the | 1867 |
|
Revised Code, approve or deny the application. Except as provided | 1868 |
|
in division (B) of this section, the department shall issue the | 1869 |
|
approval or denial not later than fifteen days after receiving the | 1870 |
|
application. | 1871 |
| Sec. 3728.15. If at any time after one hundred forty days | 1938 |
|
after the effective date of this section the department of health | 1939 |
|
is not accepting applications from qualifying patients for a | 1940 |
|
registry identification card for any reason, including due to | 1941 |
|
failure to adopt rules under section 3728.35 of the Revised Code, | 1942 |
|
a written certification for the qualifying patient together with a | 1943 |
|
notarized statement by the qualifying patient of all of the | 1944 |
|
following shall be deemed a valid registry identification card for | 1945 |
|
the qualifying patient: | 1946 |
| Sec. 3728.16. If at any time after one hundred forty days | 1955 |
|
after the effective date of this section the department of health | 1956 |
|
is not accepting applications from primary caregivers for a | 1957 |
|
registry identification card for any reason, including due to | 1958 |
|
failure to adopt rules under section 3728.35 of the Revised Code, | 1959 |
|
a notarized statement by the primary caregiver of all of the | 1960 |
|
following shall be deemed a valid registry identification card for | 1961 |
|
the primary caregiver: | 1962 |
| Sec. 3728.21. A registered primary caregiver for a | 1985 |
|
registered qualifying patient who ceases to have a debilitating | 1986 |
|
medical condition shall notify the department of health of that | 1987 |
|
fact not later than thirty days after the registered qualifying | 1988 |
|
patient ceases to have the debilitating medical condition. Not | 1989 |
|
later than ten days after receipt of the notice, the department | 1990 |
|
shall revoke the registered primary caregiver's registry | 1991 |
|
identification card unless the registered primary caregiver serves | 1992 |
|
as the registered primary caregiver for another registered | 1993 |
|
qualifying patient who still has a debilitating medical condition. | 1994 |
| Sec. 3728.35. Not later than one hundred twenty days after | 2073 |
|
the effective date of this section, the director of health shall | 2074 |
|
adopt rules in accordance with Chapter 119. of the Revised Code | 2075 |
|
governing the manner in which the department of health shall | 2076 |
|
consider applications for initial and renewed registry | 2077 |
|
identification cards. The rules shall establish fees for initial | 2078 |
|
and renewed registry identification cards. The amount of the fees | 2079 |
|
shall be on a sliding scale based on family income and shall be | 2080 |
|
sufficient to generate enough revenues to offset all expenses of | 2081 |
|
implementing and administering this chapter. The department may | 2082 |
|
accept donations from private sources in order to reduce the fees. | 2083 |
| (C) Members of the medical cannabis advisory council shall | 2102 |
|
serve two-year terms. Each member shall hold office from the date | 2103 |
|
of the member's appointment until the end of the term for which | 2104 |
|
the member was appointed. Members may be reappointed. Vacancies | 2105 |
|
shall be filled in the manner provided for original appointments. | 2106 |
|
Any member appointed to fill a vacancy occurring before the | 2107 |
|
expiration date of the term for which the member's predecessor was | 2108 |
|
appointed shall hold office as a member for the remainder of that | 2109 |
|
term. A member shall continue in office subsequent to the | 2110 |
|
expiration date of the member's term until the member's successor | 2111 |
|
takes office or until a period of sixty days has elapsed, | 2112 |
|
whichever occurs first. | 2113 |
| (B) After consideration of a petition filed under this | 2138 |
|
section, the council shall provide the director of health the | 2139 |
|
council's recommendation on whether the petition should be | 2140 |
|
approved or denied. The director shall approve or deny the | 2141 |
|
petition not later than thirty days after receiving the council's | 2142 |
|
recommendation and shall provide written notice of the director's | 2143 |
|
decision to the petitioner by certified mail, return receipt | 2144 |
|
requested. If the director denies a petition in whole or in part, | 2145 |
|
the petitioner may appeal the director's decision to the court of | 2146 |
|
common pleas of Franklin county by filing a notice of appeal with | 2147 |
|
the director setting forth the decision appealed from and the | 2148 |
|
grounds of the appeal. The petitioner shall also file a copy of | 2149 |
|
the notice of appeal with the court. The petitioner shall file the | 2150 |
|
notice of appeal within fifteen days after the mailing of the | 2151 |
|
notice of the director's decision. The court shall order that the | 2152 |
|
petition be approved if it finds that the petitioner presented the | 2153 |
|
director with substantial evidence that the medical conditions | 2154 |
|
requested to be added to the list of debilitating medical | 2155 |
|
conditions should be added or that the number of grams of medical | 2156 |
|
cannabis and the number of mature cannabis plants a cardholder may | 2157 |
|
possess should be increased. If the director approves the petition | 2158 |
|
or is ordered by a court to approve the petition, the director | 2159 |
|
shall adopt rules in accordance with Chapter 119. of the Revised | 2160 |
|
Code to implement the petition. | 2161 |
| (B) Members of the cannabis cultivation advisory council | 2176 |
|
shall serve two-year terms. Each member shall hold office from the | 2177 |
|
date of the member's appointment until the end of the term for | 2178 |
|
which the member was appointed. Members may be reappointed. | 2179 |
|
Vacancies shall be filled in the manner provided for original | 2180 |
|
appointments. Any member appointed to fill a vacancy occurring | 2181 |
|
before the expiration date of the term for which the member's | 2182 |
|
predecessor was appointed shall hold office as a member for the | 2183 |
|
remainder of that term. A member shall continue in office | 2184 |
|
subsequent to the expiration date of the member's term until the | 2185 |
|
member's successor takes office or until a period of sixty days | 2186 |
|
has elapsed, whichever occurs first. | 2187 |
| Sec. 3728.42. An employee of the department of health may | 2220 |
|
notify a law enforcement officer about falsified or fraudulent | 2221 |
|
information submitted to the department in an application for an | 2222 |
|
initial or renewed registry identification card or a written | 2223 |
|
certification submitted with such an application if the employee | 2224 |
|
first confers with his or her supervisor or at least one other | 2225 |
|
employee of the department and both agree that circumstances exist | 2226 |
|
that warrant notification. | 2227 |
| Sec. 3728.43. The department of health shall operate a | 2228 |
|
system under which law enforcement officers contact the department | 2229 |
|
to verify whether a person is a cardholder and whether the address | 2230 |
|
of a location at which cannabis is being cultivated is a | 2231 |
|
cardholder's registered cultivation site. The system shall be | 2232 |
|
available for use by law enforcement officers twenty-four hours | 2233 |
|
each day. A law enforcement officer shall utilize the system to | 2234 |
|
verify the status of an individual or address before initiating an | 2235 |
|
arrest, raid, or other law enforcement action concerning cannabis. | 2236 |
|
If the person is a cardholder or the address of a location at | 2237 |
|
which cannabis is being cultivated is a cardholder's registered | 2238 |
|
cultivation site, no further action may be initiated except on | 2239 |
|
issuance of a warrant. | 2240 |
| (B) A developer shall not require, as a condition for | 2270 |
|
entering into a contract for a project that will require | 2271 |
|
excavation, that responsibility for performance of duties imposed | 2272 |
|
under sections 3781.25 to 3781.32 of the Revised Code shall be | 2273 |
|
assumed by a person other than the person on whom those duties
are | 2274 |
|
imposed under those sections. This division does not
prohibit a | 2275 |
|
utility from entering into any contract for the
performance of | 2276 |
|
duties that are imposed on a utility under those
sections. | 2277 |
| Section 3. The Governor shall make the initial appointments | 2285 |
|
to the Medical Cannabis Advisory Council established under section | 2286 |
|
3728.37 of the Revised Code not later than one hundred twenty days | 2287 |
|
after the effective date of this section. Notwithstanding division | 2288 |
|
(A)(2) of section 3728.37 of the Revised Code, the initial members | 2289 |
|
who are to be registered qualifying patients shall be instead | 2290 |
|
persons who suffer from a debilitating medical condition as | 2291 |
|
defined in section 3728.01 of the Revised Code and are nominated | 2292 |
|
to the Council by the Ohio Patient Action Network. | 2293 |
| Section 4. The Governor shall make the initial appointments | 2294 |
|
to the Cannabis Cultivation Advisory Council established under | 2295 |
|
section 3728.38 of the Revised Code not later than one hundred | 2296 |
|
twenty days after the effective date of this section. | 2297 |
|
Notwithstanding division (A)(2) of section 3728.38 of the Revised | 2298 |
|
Code, the initial members who are to be cardholders shall be | 2299 |
|
instead persons who suffer from a debilitating medical condition | 2300 |
|
as defined in section 3728.01 of the Revised Code or are the | 2301 |
|
primary caregivers of such persons and are nominated to the | 2302 |
|
Council by the Ohio Patient Action Network. | 2303 |