As Passed by the Senate

127th General Assembly Regular Session 2007-2008

S. B. No. 73

Senator Miller, R. 

Cosponsors: Senators Smith, Mason, Goodman, Stivers, Clancy, Boccieri, Cafaro, Fedor, Harris, Jacobson, Kearney, Morano, Padgett, Roberts, Sawyer, Schuring, Wilson, Grendell 

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A BILL

To amend sections 2925.01, 2925.03, 2925.05, 2925.11,

1

and 2929.01 of the Revised Code to eliminate the

2

distinction between powdered cocaine and crack

3

cocaine in the Drug Abuse Law and to amend the

4

version of section 2925.03 of the Revised Code

5

that takes effect on July 1, 2007, to maintain the

6

provisions of this act on and after that date.

7

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

Section 1.  That sections 2925.01, 2925.03, 2925.05, 2925.11,	8
and 2929.01 of the Revised Code be amended to read as follows:	9

Sec. 2925.01.  As used in this chapter:

10

(A) "Administer," "controlled substance," "dispense,"	11
"distribute," "hypodermic," "manufacturer," "official written	12
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	13
"schedule II," "schedule III," "schedule IV," "schedule V," and	14
"wholesaler" have the same meanings as in section 3719.01 of the	15
Revised Code.	16

(B) "Drug dependent person" and "drug of abuse" have the same	17
meanings as in section 3719.011 of the Revised Code.	18

(C) "Drug," "dangerous drug," "licensed health professional	19
authorized to prescribe drugs," and "prescription" have the same	20
meanings as in section 4729.01 of the Revised Code.	21

(D) "Bulk amount" of a controlled substance means any of the	22
following:	23

(1) For any compound, mixture, preparation, or substance	24
included in schedule I, schedule II, or schedule III, with the	25
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	26
except as provided in division (D)(2) or (5) of this section,	27
whichever of the following is applicable:	28

(a) An amount equal to or exceeding ten grams or twenty-five	29
unit doses of a compound, mixture, preparation, or substance that	30
is or contains any amount of a schedule I opiate or opium	31
derivative;	32

(b) An amount equal to or exceeding ten grams of a compound,	33
mixture, preparation, or substance that is or contains any amount	34
of raw or gum opium;	35

(c) An amount equal to or exceeding thirty grams or ten unit	36
doses of a compound, mixture, preparation, or substance that is or	37
contains any amount of a schedule I hallucinogen other than	38
tetrahydrocannabinol or lysergic acid amide, or a schedule I	39
stimulant or depressant;	40

(d) An amount equal to or exceeding twenty grams or five	41
times the maximum daily dose in the usual dose range specified in	42
a standard pharmaceutical reference manual of a compound, mixture,	43
preparation, or substance that is or contains any amount of a	44
schedule II opiate or opium derivative;	45

(e) An amount equal to or exceeding five grams or ten unit	46
doses of a compound, mixture, preparation, or substance that is or	47
contains any amount of phencyclidine;	48

(f) An amount equal to or exceeding one hundred twenty grams	49
or thirty times the maximum daily dose in the usual dose range	50
specified in a standard pharmaceutical reference manual of a	51
compound, mixture, preparation, or substance that is or contains	52
any amount of a schedule II stimulant that is in a final dosage	53
form manufactured by a person authorized by the "Federal Food,	54
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	55
amended, and the federal drug abuse control laws, as defined in	56
section 3719.01 of the Revised Code, that is or contains any	57
amount of a schedule II depressant substance or a schedule II	58
hallucinogenic substance;	59

(g) An amount equal to or exceeding three grams of a	60
compound, mixture, preparation, or substance that is or contains	61
any amount of a schedule II stimulant, or any of its salts or	62
isomers, that is not in a final dosage form manufactured by a	63
person authorized by the Federal Food, Drug, and Cosmetic Act and	64
the federal drug abuse control laws.	65

(2) An amount equal to or exceeding one hundred twenty grams	66
or thirty times the maximum daily dose in the usual dose range	67
specified in a standard pharmaceutical reference manual of a	68
compound, mixture, preparation, or substance that is or contains	69
any amount of a schedule III or IV substance other than an	70
anabolic steroid or a schedule III opiate or opium derivative;	71

(3) An amount equal to or exceeding twenty grams or five	72
times the maximum daily dose in the usual dose range specified in	73
a standard pharmaceutical reference manual of a compound, mixture,	74
preparation, or substance that is or contains any amount of a	75
schedule III opiate or opium derivative;	76

(4) An amount equal to or exceeding two hundred fifty	77
milliliters or two hundred fifty grams of a compound, mixture,	78
preparation, or substance that is or contains any amount of a	79
schedule V substance;	80

(5) An amount equal to or exceeding two hundred solid dosage	81
units, sixteen grams, or sixteen milliliters of a compound,	82
mixture, preparation, or substance that is or contains any amount	83
of a schedule III anabolic steroid.	84

(E) "Unit dose" means an amount or unit of a compound,	85
mixture, or preparation containing a controlled substance that is	86
separately identifiable and in a form that indicates that it is	87
the amount or unit by which the controlled substance is separately	88
administered to or taken by an individual.	89

(F) "Cultivate" includes planting, watering, fertilizing, or	90
tilling.	91

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

92

(1) A violation of division (A) of section 2913.02 that	93
constitutes theft of drugs, or a violation of section 2925.02,	94
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	95
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	96
2925.37 of the Revised Code;	97

(2) A violation of an existing or former law of this or any	98
other state or of the United States that is substantially	99
equivalent to any section listed in division (G)(1) of this	100
section;	101

(3) An offense under an existing or former law of this or any	102
other state, or of the United States, of which planting,	103
cultivating, harvesting, processing, making, manufacturing,	104
producing, shipping, transporting, delivering, acquiring,	105
possessing, storing, distributing, dispensing, selling, inducing	106
another to use, administering to another, using, or otherwise	107
dealing with a controlled substance is an element;	108

(4) A conspiracy to commit, attempt to commit, or complicity	109
in committing or attempting to commit any offense under division	110
(G)(1), (2), or (3) of this section.	111

(H) "Felony drug abuse offense" means any drug abuse offense	112
that would constitute a felony under the laws of this state, any	113
other state, or the United States.	114

(I) "Harmful intoxicant" does not include beer or	115
intoxicating liquor but means any of the following:	116

(1) Any compound, mixture, preparation, or substance the gas,	117
fumes, or vapor of which when inhaled can induce intoxication,	118
excitement, giddiness, irrational behavior, depression,	119
stupefaction, paralysis, unconsciousness, asphyxiation, or other	120
harmful physiological effects, and includes, but is not limited	121
to, any of the following:	122

(a) Any volatile organic solvent, plastic cement, model	123
cement, fingernail polish remover, lacquer thinner, cleaning	124
fluid, gasoline, or other preparation containing a volatile	125
organic solvent;	126

(b) Any aerosol propellant;

127

(c) Any fluorocarbon refrigerant;

128

(d) Any anesthetic gas.

129

(2) Gamma Butyrolactone;

130

(3) 1,4 Butanediol.

131

(J) "Manufacture" means to plant, cultivate, harvest,	132
process, make, prepare, or otherwise engage in any part of the	133
production of a drug, by propagation, extraction, chemical	134
synthesis, or compounding, or any combination of the same, and	135
includes packaging, repackaging, labeling, and other activities	136
incident to production.	137

(K) "Possess" or "possession" means having control over a	138
thing or substance, but may not be inferred solely from mere	139
access to the thing or substance through ownership or occupation	140
of the premises upon which the thing or substance is found.	141

(L) "Sample drug" means a drug or pharmaceutical preparation	142
that would be hazardous to health or safety if used without the	143
supervision of a licensed health professional authorized to	144
prescribe drugs, or a drug of abuse, and that, at one time, had	145
been placed in a container plainly marked as a sample by a	146
manufacturer.	147

(M) "Standard pharmaceutical reference manual" means the	148
current edition, with cumulative changes if any, of any of the	149
following reference works:	150

(1) "The National Formulary";

151

(2) "The United States Pharmacopeia," prepared by authority	152
of the United States Pharmacopeial Convention, Inc.;	153

(3) Other standard references that are approved by the state	154
board of pharmacy.	155

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

156

(O) "Counterfeit controlled substance" means any of the	157
following:	158

(1) Any drug that bears, or whose container or label bears, a	159
trademark, trade name, or other identifying mark used without	160
authorization of the owner of rights to that trademark, trade	161
name, or identifying mark;	162

(2) Any unmarked or unlabeled substance that is represented	163
to be a controlled substance manufactured, processed, packed, or	164
distributed by a person other than the person that manufactured,	165
processed, packed, or distributed it;	166

(3) Any substance that is represented to be a controlled	167
substance but is not a controlled substance or is a different	168
controlled substance;	169

(4) Any substance other than a controlled substance that a	170
reasonable person would believe to be a controlled substance	171
because of its similarity in shape, size, and color, or its	172
markings, labeling, packaging, distribution, or the price for	173
which it is sold or offered for sale.	174

(P) An offense is "committed in the vicinity of a school" if	175
the offender commits the offense on school premises, in a school	176
building, or within one thousand feet of the boundaries of any	177
school premises, regardless of whether the offender knows the	178
offense is being committed on school premises, in a school	179
building, or within one thousand feet of the boundaries of any	180
school premises.	181

(Q) "School" means any school operated by a board of	182
education, any community school established under Chapter 3314. of	183
the Revised Code, or any nonpublic school for which the state	184
board of education prescribes minimum standards under section	185
3301.07 of the Revised Code, whether or not any instruction,	186
extracurricular activities, or training provided by the school is	187
being conducted at the time a criminal offense is committed.	188

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

189

(1) The parcel of real property on which any school is	190
situated, whether or not any instruction, extracurricular	191
activities, or training provided by the school is being conducted	192
on the premises at the time a criminal offense is committed;	193

(2) Any other parcel of real property that is owned or leased	194
by a board of education of a school, the governing authority of a	195
community school established under Chapter 3314. of the Revised	196
Code, or the governing body of a nonpublic school for which the	197
state board of education prescribes minimum standards under	198
section 3301.07 of the Revised Code and on which some of the	199
instruction, extracurricular activities, or training of the school	200
is conducted, whether or not any instruction, extracurricular	201
activities, or training provided by the school is being conducted	202
on the parcel of real property at the time a criminal offense is	203
committed.	204

(S) "School building" means any building in which any of the	205
instruction, extracurricular activities, or training provided by a	206
school is conducted, whether or not any instruction,	207
extracurricular activities, or training provided by the school is	208
being conducted in the school building at the time a criminal	209
offense is committed.	210

(T) "Disciplinary counsel" means the disciplinary counsel	211
appointed by the board of commissioners on grievances and	212
discipline of the supreme court under the Rules for the Government	213
of the Bar of Ohio.	214

(U) "Certified grievance committee" means a duly constituted	215
and organized committee of the Ohio state bar association or of	216
one or more local bar associations of the state of Ohio that	217
complies with the criteria set forth in Rule V, section 6 of the	218
Rules for the Government of the Bar of Ohio.	219

(V) "Professional license" means any license, permit,	220
certificate, registration, qualification, admission, temporary	221
license, temporary permit, temporary certificate, or temporary	222
registration that is described in divisions (W)(1) to (36) of this	223
section and that qualifies a person as a professionally licensed	224
person.	225

(W) "Professionally licensed person" means any of the	226
following:	227

(1) A person who has obtained a license as a manufacturer of	228
controlled substances or a wholesaler of controlled substances	229
under Chapter 3719. of the Revised Code;	230

(2) A person who has received a certificate or temporary	231
certificate as a certified public accountant or who has registered	232
as a public accountant under Chapter 4701. of the Revised Code and	233
who holds an Ohio permit issued under that chapter;	234

(3) A person who holds a certificate of qualification to	235
practice architecture issued or renewed and registered under	236
Chapter 4703. of the Revised Code;	237

(4) A person who is registered as a landscape architect under	238
Chapter 4703. of the Revised Code or who holds a permit as a	239
landscape architect issued under that chapter;	240

(5) A person licensed under Chapter 4707. of the Revised	241
Code;	242

(6) A person who has been issued a certificate of	243
registration as a registered barber under Chapter 4709. of the	244
Revised Code;	245

(7) A person licensed and regulated to engage in the business	246
of a debt pooling company by a legislative authority, under	247
authority of Chapter 4710. of the Revised Code;	248

(8) A person who has been issued a cosmetologist's license,	249
hair designer's license, manicurist's license, esthetician's	250
license, natural hair stylist's license, managing cosmetologist's	251
license, managing hair designer's license, managing manicurist's	252
license, managing esthetician's license, managing natural hair	253
stylist's license, cosmetology instructor's license, hair design	254
instructor's license, manicurist instructor's license, esthetics	255
instructor's license, natural hair style instructor's license,	256
independent contractor's license, or tanning facility permit under	257
Chapter 4713. of the Revised Code;	258

(9) A person who has been issued a license to practice	259
dentistry, a general anesthesia permit, a conscious intravenous	260
sedation permit, a limited resident's license, a limited teaching	261
license, a dental hygienist's license, or a dental hygienist's	262
teacher's certificate under Chapter 4715. of the Revised Code;	263

(10) A person who has been issued an embalmer's license, a	264
funeral director's license, a funeral home license, or a crematory	265
license, or who has been registered for an embalmer's or funeral	266
director's apprenticeship under Chapter 4717. of the Revised Code;	267

(11) A person who has been licensed as a registered nurse or	268
practical nurse, or who has been issued a certificate for the	269
practice of nurse-midwifery under Chapter 4723. of the Revised	270
Code;	271

(12) A person who has been licensed to practice optometry or	272
to engage in optical dispensing under Chapter 4725. of the Revised	273
Code;	274

(13) A person licensed to act as a pawnbroker under Chapter	275
4727. of the Revised Code;	276

(14) A person licensed to act as a precious metals dealer	277
under Chapter 4728. of the Revised Code;	278

(15) A person licensed as a pharmacist, a pharmacy intern, a	279
wholesale distributor of dangerous drugs, or a terminal	280
distributor of dangerous drugs under Chapter 4729. of the Revised	281
Code;	282

(16) A person who is authorized to practice as a physician	283
assistant under Chapter 4730. of the Revised Code;	284

(17) A person who has been issued a certificate to practice	285
medicine and surgery, osteopathic medicine and surgery, a limited	286
branch of medicine, or podiatry under Chapter 4731. of the Revised	287
Code;	288

(18) A person licensed as a psychologist or school	289
psychologist under Chapter 4732. of the Revised Code;	290

(19) A person registered to practice the profession of	291
engineering or surveying under Chapter 4733. of the Revised Code;	292

(20) A person who has been issued a license to practice	293
chiropractic under Chapter 4734. of the Revised Code;	294

(21) A person licensed to act as a real estate broker or real	295
estate salesperson under Chapter 4735. of the Revised Code;	296

(22) A person registered as a registered sanitarian under	297
Chapter 4736. of the Revised Code;	298

(23) A person licensed to operate or maintain a junkyard	299
under Chapter 4737. of the Revised Code;	300

(24) A person who has been issued a motor vehicle salvage	301
dealer's license under Chapter 4738. of the Revised Code;	302

(25) A person who has been licensed to act as a steam	303
engineer under Chapter 4739. of the Revised Code;	304

(26) A person who has been issued a license or temporary	305
permit to practice veterinary medicine or any of its branches, or	306
who is registered as a graduate animal technician under Chapter	307
4741. of the Revised Code;	308

(27) A person who has been issued a hearing aid dealer's or	309
fitter's license or trainee permit under Chapter 4747. of the	310
Revised Code;	311

(28) A person who has been issued a class A, class B, or	312
class C license or who has been registered as an investigator or	313
security guard employee under Chapter 4749. of the Revised Code;	314

(29) A person licensed and registered to practice as a	315
nursing home administrator under Chapter 4751. of the Revised	316
Code;	317

(30) A person licensed to practice as a speech-language	318
pathologist or audiologist under Chapter 4753. of the Revised	319
Code;	320

(31) A person issued a license as an occupational therapist	321
or physical therapist under Chapter 4755. of the Revised Code;	322

(32) A person who is licensed as a professional clinical	323
counselor or professional counselor, licensed as a social worker	324
or independent social worker, or registered as a social work	325
assistant under Chapter 4757. of the Revised Code;	326

(33) A person issued a license to practice dietetics under	327
Chapter 4759. of the Revised Code;	328

(34) A person who has been issued a license or limited permit	329
to practice respiratory therapy under Chapter 4761. of the Revised	330
Code;	331

(35) A person who has been issued a real estate appraiser	332
certificate under Chapter 4763. of the Revised Code;	333

(36) A person who has been admitted to the bar by order of	334
the supreme court in compliance with its prescribed and published	335
rules.	336

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

337

(1) A cocaine salt, isomer, or derivative, a salt of a	338
cocaine isomer or derivative, or the base form of cocaine;	339

(2) Coca leaves or a salt, compound, derivative, or	340
preparation of coca leaves, including ecgonine, a salt, isomer, or	341
derivative of ecgonine, or a salt of an isomer or derivative of	342
ecgonine;	343

(3) A salt, compound, derivative, or preparation of a	344
substance identified in division (X)(1) or (2) of this section	345
that is chemically equivalent to or identical with any of those	346
substances, except that the substances shall not include	347
decocainized coca leaves or extraction of coca leaves if the	348
extractions do not contain cocaine or ecgonine.	349

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

350

(Z) "Hashish" means the resin or a preparation of the resin	351
contained in marihuana, whether in solid form or in a liquid	352
concentrate, liquid extract, or liquid distillate form.	353

(AA) "Marihuana" has the same meaning as in section 3719.01	354
of the Revised Code, except that it does not include hashish.	355

(BB) An offense is "committed in the vicinity of a juvenile"	356
if the offender commits the offense within one hundred feet of a	357
juvenile or within the view of a juvenile, regardless of whether	358
the offender knows the age of the juvenile, whether the offender	359
knows the offense is being committed within one hundred feet of or	360
within view of the juvenile, or whether the juvenile actually	361
views the commission of the offense.	362

(CC) "Presumption for a prison term" or "presumption that a	363
prison term shall be imposed" means a presumption, as described in	364
division (D) of section 2929.13 of the Revised Code, that a prison	365
term is a necessary sanction for a felony in order to comply with	366
the purposes and principles of sentencing under section 2929.11 of	367
the Revised Code.	368

(DD) "Major drug offender" has the same meaning as in section	369
2929.01 of the Revised Code.	370

(EE) "Minor drug possession offense" means either of the	371
following:	372

(1) A violation of section 2925.11 of the Revised Code as it	373
existed prior to July 1, 1996;	374

(2) A violation of section 2925.11 of the Revised Code as it	375
exists on and after July 1, 1996, that is a misdemeanor or a	376
felony of the fifth degree.	377

(FF) "Mandatory prison term" has the same meaning as in	378
section 2929.01 of the Revised Code.	379

(GG) "Crack cocaine" means a compound, mixture, preparation,	380
or substance that is or contains any amount of cocaine that is	381
analytically identified as the base form of cocaine or that is in	382
a form that resembles rocks or pebbles generally intended for	383
individual use.	384

(HH) "Adulterate" means to cause a drug to be adulterated as	385
described in section 3715.63 of the Revised Code.	386

(II)(HH) "Public premises" means any hotel, restaurant,	387
tavern, store, arena, hall, or other place of public	388
accommodation, business, amusement, or resort.	389

(JJ)(II) "Methamphetamine" means methamphetamine, any salt,	390
isomer, or salt of an isomer of methamphetamine, or any compound,	391
mixture, preparation, or substance containing methamphetamine or	392
any salt, isomer, or salt of an isomer of methamphetamine.	393

Sec. 2925.03.  (A) No person shall knowingly do any of the	394
following:	395

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

396

(2) Prepare for shipment, ship, transport, deliver, prepare	397
for distribution, or distribute a controlled substance, when the	398
offender knows or has reasonable cause to believe that the	399
controlled substance is intended for sale or resale by the	400
offender or another person.	401

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

402

(1) Manufacturers, licensed health professionals authorized	403
to prescribe drugs, pharmacists, owners of pharmacies, and other	404
persons whose conduct is in accordance with Chapters 3719., 4715.,	405
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	406

(2) If the offense involves an anabolic steroid, any person	407
who is conducting or participating in a research project involving	408
the use of an anabolic steroid if the project has been approved by	409
the United States food and drug administration;	410

(3) Any person who sells, offers for sale, prescribes,	411
dispenses, or administers for livestock or other nonhuman species	412
an anabolic steroid that is expressly intended for administration	413
through implants to livestock or other nonhuman species and	414
approved for that purpose under the "Federal Food, Drug, and	415
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	416
and is sold, offered for sale, prescribed, dispensed, or	417
administered for that purpose in accordance with that act.	418

(C) Whoever violates division (A) of this section is guilty	419
of one of the following:	420

(1) If the drug involved in the violation is any compound,	421
mixture, preparation, or substance included in schedule I or	422
schedule II, with the exception of marihuana, cocaine, L.S.D.,	423
heroin, and hashish, whoever violates division (A) of this section	424
is guilty of aggravated trafficking in drugs. The penalty for the	425
offense shall be determined as follows:	426

(a) Except as otherwise provided in division (C)(1)(b), (c),	427
(d), (e), or (f) of this section, aggravated trafficking in drugs	428
is a felony of the fourth degree, and division (C) of section	429
2929.13 of the Revised Code applies in determining whether to	430
impose a prison term on the offender.	431

(b) Except as otherwise provided in division (C)(1)(c), (d),	432
(e), or (f) of this section, if the offense was committed in the	433
vicinity of a school or in the vicinity of a juvenile, aggravated	434
trafficking in drugs is a felony of the third degree, and division	435
(C) of section 2929.13 of the Revised Code applies in determining	436
whether to impose a prison term on the offender.	437

(c) Except as otherwise provided in this division, if the	438
amount of the drug involved equals or exceeds the bulk amount but	439
is less than five times the bulk amount, aggravated trafficking in	440
drugs is a felony of the third degree, and the court shall impose	441
as a mandatory prison term one of the prison terms prescribed for	442
a felony of the third degree. If the amount of the drug involved	443
is within that range and if the offense was committed in the	444
vicinity of a school or in the vicinity of a juvenile, aggravated	445
trafficking in drugs is a felony of the second degree, and the	446
court shall impose as a mandatory prison term one of the prison	447
terms prescribed for a felony of the second degree.	448

(d) Except as otherwise provided in this division, if the	449
amount of the drug involved equals or exceeds five times the bulk	450
amount but is less than fifty times the bulk amount, aggravated	451
trafficking in drugs is a felony of the second degree, and the	452
court shall impose as a mandatory prison term one of the prison	453
terms prescribed for a felony of the second degree. If the amount	454
of the drug involved is within that range and if the offense was	455
committed in the vicinity of a school or in the vicinity of a	456
juvenile, aggravated trafficking in drugs is a felony of the first	457
degree, and the court shall impose as a mandatory prison term one	458
of the prison terms prescribed for a felony of the first degree.	459

(e) If the amount of the drug involved equals or exceeds	460
fifty times the bulk amount but is less than one hundred times the	461
bulk amount and regardless of whether the offense was committed in	462
the vicinity of a school or in the vicinity of a juvenile,	463
aggravated trafficking in drugs is a felony of the first degree,	464
and the court shall impose as a mandatory prison term one of the	465
prison terms prescribed for a felony of the first degree.	466

(f) If the amount of the drug involved equals or exceeds one	467
hundred times the bulk amount and regardless of whether the	468
offense was committed in the vicinity of a school or in the	469
vicinity of a juvenile, aggravated trafficking in drugs is a	470
felony of the first degree, the offender is a major drug offender,	471
and the court shall impose as a mandatory prison term the maximum	472
prison term prescribed for a felony of the first degree and may	473
impose an additional prison term prescribed for a major drug	474
offender under division (D)(3)(b) of section 2929.14 of the	475
Revised Code.	476

(2) If the drug involved in the violation is any compound,	477
mixture, preparation, or substance included in schedule III, IV,	478
or V, whoever violates division (A) of this section is guilty of	479
trafficking in drugs. The penalty for the offense shall be	480
determined as follows:	481

(a) Except as otherwise provided in division (C)(2)(b), (c),	482
(d), or (e) of this section, trafficking in drugs is a felony of	483
the fifth degree, and division (C) of section 2929.13 of the	484
Revised Code applies in determining whether to impose a prison	485
term on the offender.	486

(b) Except as otherwise provided in division (C)(2)(c), (d),	487
or (e) of this section, if the offense was committed in the	488
vicinity of a school or in the vicinity of a juvenile, trafficking	489
in drugs is a felony of the fourth degree, and division (C) of	490
section 2929.13 of the Revised Code applies in determining whether	491
to impose a prison term on the offender.	492

(c) Except as otherwise provided in this division, if the	493
amount of the drug involved equals or exceeds the bulk amount but	494
is less than five times the bulk amount, trafficking in drugs is a	495
felony of the fourth degree, and there is a presumption for a	496
prison term for the offense. If the amount of the drug involved is	497
within that range and if the offense was committed in the vicinity	498
of a school or in the vicinity of a juvenile, trafficking in drugs	499
is a felony of the third degree, and there is a presumption for a	500
prison term for the offense.	501

(d) Except as otherwise provided in this division, if the	502
amount of the drug involved equals or exceeds five times the bulk	503
amount but is less than fifty times the bulk amount, trafficking	504
in drugs is a felony of the third degree, and there is a	505
presumption for a prison term for the offense. If the amount of	506
the drug involved is within that range and if the offense was	507
committed in the vicinity of a school or in the vicinity of a	508
juvenile, trafficking in drugs is a felony of the second degree,	509
and there is a presumption for a prison term for the offense.	510

(e) Except as otherwise provided in this division, if the	511
amount of the drug involved equals or exceeds fifty times the bulk	512
amount, trafficking in drugs is a felony of the second degree, and	513
the court shall impose as a mandatory prison term one of the	514
prison terms prescribed for a felony of the second degree. If the	515
amount of the drug involved equals or exceeds fifty times the bulk	516
amount and if the offense was committed in the vicinity of a	517
school or in the vicinity of a juvenile, trafficking in drugs is a	518
felony of the first degree, and the court shall impose as a	519
mandatory prison term one of the prison terms prescribed for a	520
felony of the first degree.	521

(3) If the drug involved in the violation is marihuana or a	522
compound, mixture, preparation, or substance containing marihuana	523
other than hashish, whoever violates division (A) of this section	524
is guilty of trafficking in marihuana. The penalty for the offense	525
shall be determined as follows:	526

(a) Except as otherwise provided in division (C)(3)(b), (c),	527
(d), (e), (f), or (g) of this section, trafficking in marihuana is	528
a felony of the fifth degree, and division (C) of section 2929.13	529
of the Revised Code applies in determining whether to impose a	530
prison term on the offender.	531

(b) Except as otherwise provided in division (C)(3)(c), (d),	532
(e), (f), or (g) of this section, if the offense was committed in	533
the vicinity of a school or in the vicinity of a juvenile,	534
trafficking in marihuana is a felony of the fourth degree, and	535
division (C) of section 2929.13 of the Revised Code applies in	536
determining whether to impose a prison term on the offender.	537

(c) Except as otherwise provided in this division, if the	538
amount of the drug involved equals or exceeds two hundred grams	539
but is less than one thousand grams, trafficking in marihuana is a	540
felony of the fourth degree, and division (C) of section 2929.13	541
of the Revised Code applies in determining whether to impose a	542
prison term on the offender. If the amount of the drug involved is	543
within that range and if the offense was committed in the vicinity	544
of a school or in the vicinity of a juvenile, trafficking in	545
marihuana is a felony of the third degree, and division (C) of	546
section 2929.13 of the Revised Code applies in determining whether	547
to impose a prison term on the offender.	548

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

(e) Except as otherwise provided in this division, if the	559
amount of the drug involved equals or exceeds five thousand grams	560
but is less than twenty thousand grams, trafficking in marihuana	561
is a felony of the third degree, and there is a presumption that a	562
prison term shall be imposed for the offense. If the amount of the	563
drug involved is within that range and if the offense was	564
committed in the vicinity of a school or in the vicinity of a	565
juvenile, trafficking in marihuana is a felony of the second	566
degree, and there is a presumption that a prison term shall be	567
imposed for the offense.	568

(f) Except as otherwise provided in this division, if the	569
amount of the drug involved equals or exceeds twenty thousand	570
grams, trafficking in marihuana is a felony of the second degree,	571
and the court shall impose as a mandatory prison term the maximum	572
prison term prescribed for a felony of the second degree. If the	573
amount of the drug involved equals or exceeds twenty thousand	574
grams and if the offense was committed in the vicinity of a school	575
or in the vicinity of a juvenile, trafficking in marihuana is a	576
felony of the first degree, and the court shall impose as a	577
mandatory prison term the maximum prison term prescribed for a	578
felony of the first degree.	579

(g) Except as otherwise provided in this division, if the	580
offense involves a gift of twenty grams or less of marihuana,	581
trafficking in marihuana is a minor misdemeanor upon a first	582
offense and a misdemeanor of the third degree upon a subsequent	583
offense. If the offense involves a gift of twenty grams or less of	584
marihuana and if the offense was committed in the vicinity of a	585
school or in the vicinity of a juvenile, trafficking in marihuana	586
is a misdemeanor of the third degree.	587

(4) If the drug involved in the violation is cocaine or a	588
compound, mixture, preparation, or substance containing cocaine,	589
whoever violates division (A) of this section is guilty of	590
trafficking in cocaine. The penalty for the offense shall be	591
determined as follows:	592

(a) Except as otherwise provided in division (C)(4)(b), (c),	593
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	594
felony of the fifth degree, and division (C) of section 2929.13 of	595
the Revised Code applies in determining whether to impose a prison	596
term on the offender.	597

(b) Except as otherwise provided in division (C)(4)(c), (d),	598
(e), (f), or (g) of this section, if the offense was committed in	599
the vicinity of a school or in the vicinity of a juvenile,	600
trafficking in cocaine is a felony of the fourth degree, and	601
division (C) of section 2929.13 of the Revised Code applies in	602
determining whether to impose a prison term on the offender.	603

(c) Except as otherwise provided in this division, if the	604
amount of the drug involved equals or exceeds five grams but is	605
less than ten grams of cocaine that is not crack cocaine or equals	606
or exceeds one gram but is less than five grams of crack cocaine,	607
trafficking in cocaine is a felony of the fourth degree, and there	608
is a presumption for a prison term for the offense. If the amount	609
of the drug involved is within one of those rangesthat range and	610
if the offense was committed in the vicinity of a school or in the	611
vicinity of a juvenile, trafficking in cocaine is a felony of the	612
third degree, and there is a presumption for a prison term for the	613
offense.	614

(d) Except as otherwise provided in this division, if the	615
amount of the drug involved equals or exceeds ten grams but is	616
less than one hundred grams of cocaine that is not crack cocaine	617
or equals or exceeds five grams but is less than ten grams of	618
crack cocaine, trafficking in cocaine is a felony of the third	619
degree, and the court shall impose as a mandatory prison term one	620
of the prison terms prescribed for a felony of the third degree.	621
If the amount of the drug involved is within one of those ranges	622
that range and if the offense was committed in the vicinity of a	623
school or in the vicinity of a juvenile, trafficking in cocaine is	624
a felony of the second degree, and the court shall impose as a	625
mandatory prison term one of the prison terms prescribed for a	626
felony of the second degree.	627

(e) Except as otherwise provided in this division, if the	628
amount of the drug involved equals or exceeds one hundred grams	629
but is less than five hundred grams of cocaine that is not crack	630
cocaine or equals or exceeds ten grams but is less than	631
twenty-five grams of crack cocaine, trafficking in cocaine is a	632
felony of the second degree, and the court shall impose as a	633
mandatory prison term one of the prison terms prescribed for a	634
felony of the second degree. If the amount of the drug involved is	635
within one of those rangesthat range and if the offense was	636
committed in the vicinity of a school or in the vicinity of a	637
juvenile, trafficking in cocaine is a felony of the first degree,	638
and the court shall impose as a mandatory prison term one of the	639
prison terms prescribed for a felony of the first degree.	640

(f) If the amount of the drug involved equals or exceeds five	641
hundred grams but is less than one thousand grams of cocaine that	642
is not crack cocaine or equals or exceeds twenty-five grams but is	643
less than one hundred grams of crack cocaine and regardless of	644
whether the offense was committed in the vicinity of a school or	645
in the vicinity of a juvenile, trafficking in cocaine is a felony	646
of the first degree, and the court shall impose as a mandatory	647
prison term one of the prison terms prescribed for a felony of the	648
first degree.	649

(g) If the amount of the drug involved equals or exceeds one	650
thousand grams of cocaine that is not crack cocaine or equals or	651
exceeds one hundred grams of crack cocaine and regardless of	652
whether the offense was committed in the vicinity of a school or	653
in the vicinity of a juvenile, trafficking in cocaine is a felony	654
of the first degree, the offender is a major drug offender, and	655
the court shall impose as a mandatory prison term the maximum	656
prison term prescribed for a felony of the first degree and may	657
impose an additional mandatory prison term prescribed for a major	658
drug offender under division (D)(3)(b) of section 2929.14 of the	659
Revised Code.	660

(5) If the drug involved in the violation is L.S.D. or a	661
compound, mixture, preparation, or substance containing L.S.D.,	662
whoever violates division (A) of this section is guilty of	663
trafficking in L.S.D. The penalty for the offense shall be	664
determined as follows:	665

(a) Except as otherwise provided in division (C)(5)(b), (c),	666
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	667
felony of the fifth degree, and division (C) of section 2929.13 of	668
the Revised Code applies in determining whether to impose a prison	669
term on the offender.	670

(b) Except as otherwise provided in division (C)(5)(c), (d),	671
(e), (f), or (g) of this section, if the offense was committed in	672
the vicinity of a school or in the vicinity of a juvenile,	673
trafficking in L.S.D. is a felony of the fourth degree, and	674
division (C) of section 2929.13 of the Revised Code applies in	675
determining whether to impose a prison term on the offender.	676

(c) Except as otherwise provided in this division, if the	677
amount of the drug involved equals or exceeds ten unit doses but	678
is less than fifty unit doses of L.S.D. in a solid form or equals	679
or exceeds one gram but is less than five grams of L.S.D. in a	680
liquid concentrate, liquid extract, or liquid distillate form,	681
trafficking in L.S.D. is a felony of the fourth degree, and there	682
is a presumption for a prison term for the offense. If the amount	683
of the drug involved is within that range and if the offense was	684
committed in the vicinity of a school or in the vicinity of a	685
juvenile, trafficking in L.S.D. is a felony of the third degree,	686
and there is a presumption for a prison term for the offense.	687

(d) Except as otherwise provided in this division, if the	688
amount of the drug involved equals or exceeds fifty unit doses but	689
is less than two hundred fifty unit doses of L.S.D. in a solid	690
form or equals or exceeds five grams but is less than twenty-five	691
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	692
distillate form, trafficking in L.S.D. is a felony of the third	693
degree, and the court shall impose as a mandatory prison term one	694
of the prison terms prescribed for a felony of the third degree.	695
If the amount of the drug involved is within that range and if the	696
offense was committed in the vicinity of a school or in the	697
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	698
second degree, and the court shall impose as a mandatory prison	699
term one of the prison terms prescribed for a felony of the second	700
degree.	701

(e) Except as otherwise provided in this division, if the	702
amount of the drug involved equals or exceeds two hundred fifty	703
unit doses but is less than one thousand unit doses of L.S.D. in a	704
solid form or equals or exceeds twenty-five grams but is less than	705
one hundred grams of L.S.D. in a liquid concentrate, liquid	706
extract, or liquid distillate form, trafficking in L.S.D. is a	707
felony of the second degree, and the court shall impose as a	708
mandatory prison term one of the prison terms prescribed for a	709
felony of the second degree. If the amount of the drug involved is	710
within that range and if the offense was committed in the vicinity	711
of a school or in the vicinity of a juvenile, trafficking in	712
L.S.D. is a felony of the first degree, and the court shall impose	713
as a mandatory prison term one of the prison terms prescribed for	714
a felony of the first degree.	715

(f) If the amount of the drug involved equals or exceeds one	716
thousand unit doses but is less than five thousand unit doses of	717
L.S.D. in a solid form or equals or exceeds one hundred grams but	718
is less than five hundred grams of L.S.D. in a liquid concentrate,	719
liquid extract, or liquid distillate form and regardless of	720
whether the offense was committed in the vicinity of a school or	721
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	722
of the first degree, and the court shall impose as a mandatory	723
prison term one of the prison terms prescribed for a felony of the	724
first degree.	725

(g) If the amount of the drug involved equals or exceeds five	726
thousand unit doses of L.S.D. in a solid form or equals or exceeds	727
five hundred grams of L.S.D. in a liquid concentrate, liquid	728
extract, or liquid distillate form and regardless of whether the	729
offense was committed in the vicinity of a school or in the	730
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	731
first degree, the offender is a major drug offender, and the court	732
shall impose as a mandatory prison term the maximum prison term	733
prescribed for a felony of the first degree and may impose an	734
additional mandatory prison term prescribed for a major drug	735
offender under division (D)(3)(b) of section 2929.14 of the	736
Revised Code.	737

(6) If the drug involved in the violation is heroin or a	738
compound, mixture, preparation, or substance containing heroin,	739
whoever violates division (A) of this section is guilty of	740
trafficking in heroin. The penalty for the offense shall be	741
determined as follows:	742

(a) Except as otherwise provided in division (C)(6)(b), (c),	743
(d), (e), (f), or (g) of this section, trafficking in heroin is a	744
felony of the fifth degree, and division (C) of section 2929.13 of	745
the Revised Code applies in determining whether to impose a prison	746
term on the offender.	747

(b) Except as otherwise provided in division (C)(6)(c), (d),	748
(e), (f), or (g) of this section, if the offense was committed in	749
the vicinity of a school or in the vicinity of a juvenile,	750
trafficking in heroin is a felony of the fourth degree, and	751
division (C) of section 2929.13 of the Revised Code applies in	752
determining whether to impose a prison term on the offender.	753

(c) Except as otherwise provided in this division, if the	754
amount of the drug involved equals or exceeds ten unit doses but	755
is less than fifty unit doses or equals or exceeds one gram but is	756
less than five grams, trafficking in heroin is a felony of the	757
fourth degree, and there is a presumption for a prison term for	758
the offense. If the amount of the drug involved is within that	759
range and if the offense was committed in the vicinity of a school	760
or in the vicinity of a juvenile, trafficking in heroin is a	761
felony of the third degree, and there is a presumption for a	762
prison term for the offense.	763

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

(e) Except as otherwise provided in this division, if the	774
amount of the drug involved equals or exceeds one hundred unit	775
doses but is less than five hundred unit doses or equals or	776
exceeds ten grams but is less than fifty grams, trafficking in	777
heroin is a felony of the second degree, and the court shall	778
impose as a mandatory prison term one of the prison terms	779
prescribed for a felony of the second degree. If the amount of the	780
drug involved is within that range and if the offense was	781
committed in the vicinity of a school or in the vicinity of a	782
juvenile, trafficking in heroin is a felony of the first degree,	783
and the court shall impose as a mandatory prison term one of the	784
prison terms prescribed for a felony of the first degree.	785

(f) If the amount of the drug involved equals or exceeds five	786
hundred unit doses but is less than two thousand five hundred unit	787
doses or equals or exceeds fifty grams but is less than two	788
hundred fifty grams and regardless of whether the offense was	789
committed in the vicinity of a school or in the vicinity of a	790
juvenile, trafficking in heroin is a felony of the first degree,	791
and the court shall impose as a mandatory prison term one of the	792
prison terms prescribed for a felony of the first degree.	793

(g) If the amount of the drug involved equals or exceeds two	794
thousand five hundred unit doses or equals or exceeds two hundred	795
fifty grams and regardless of whether the offense was committed in	796
the vicinity of a school or in the vicinity of a juvenile,	797
trafficking in heroin is a felony of the first degree, the	798
offender is a major drug offender, and the court shall impose as a	799
mandatory prison term the maximum prison term prescribed for a	800
felony of the first degree and may impose an additional mandatory	801
prison term prescribed for a major drug offender under division	802
(D)(3)(b) of section 2929.14 of the Revised Code.	803

(7) If the drug involved in the violation is hashish or a	804
compound, mixture, preparation, or substance containing hashish,	805
whoever violates division (A) of this section is guilty of	806
trafficking in hashish. The penalty for the offense shall be	807
determined as follows:	808

(a) Except as otherwise provided in division (C)(7)(b), (c),	809
(d), (e), or (f) of this section, trafficking in hashish is a	810
felony of the fifth degree, and division (C) of section 2929.13 of	811
the Revised Code applies in determining whether to impose a prison	812
term on the offender.	813

(b) Except as otherwise provided in division (C)(7)(c), (d),	814
(e), or (f) of this section, if the offense was committed in the	815
vicinity of a school or in the vicinity of a juvenile, trafficking	816
in hashish is a felony of the fourth degree, and division (C) of	817
section 2929.13 of the Revised Code applies in determining whether	818
to impose a prison term on the offender.	819

(c) Except as otherwise provided in this division, if the	820
amount of the drug involved equals or exceeds ten grams but is	821
less than fifty grams of hashish in a solid form or equals or	822
exceeds two grams but is less than ten grams of hashish in a	823
liquid concentrate, liquid extract, or liquid distillate form,	824
trafficking in hashish is a felony of the fourth degree, and	825
division (C) of section 2929.13 of the Revised Code applies in	826
determining whether to impose a prison term on the offender. If	827
the amount of the drug involved is within that range and if the	828
offense was committed in the vicinity of a school or in the	829
vicinity of a juvenile, trafficking in hashish is a felony of the	830
third degree, and division (C) of section 2929.13 of the Revised	831
Code applies in determining whether to impose a prison term on the	832
offender.	833

(d) Except as otherwise provided in this division, if the	834
amount of the drug involved equals or exceeds fifty grams but is	835
less than two hundred fifty grams of hashish in a solid form or	836
equals or exceeds ten grams but is less than fifty grams of	837
hashish in a liquid concentrate, liquid extract, or liquid	838
distillate form, trafficking in hashish is a felony of the third	839
degree, and division (C) of section 2929.13 of the Revised Code	840
applies in determining whether to impose a prison term on the	841
offender. If the amount of the drug involved is within that range	842
and if the offense was committed in the vicinity of a school or in	843
the vicinity of a juvenile, trafficking in hashish is a felony of	844
the second degree, and there is a presumption that a prison term	845
shall be imposed for the offense.	846

(e) Except as otherwise provided in this division, if the	847
amount of the drug involved equals or exceeds two hundred fifty	848
grams but is less than one thousand grams of hashish in a solid	849
form or equals or exceeds fifty grams but is less than two hundred	850
grams of hashish in a liquid concentrate, liquid extract, or	851
liquid distillate form, trafficking in hashish is a felony of the	852
third degree, and there is a presumption that a prison term shall	853
be imposed for the offense. If the amount of the drug involved is	854
within that range and if the offense was committed in the vicinity	855
of a school or in the vicinity of a juvenile, trafficking in	856
hashish is a felony of the second degree, and there is a	857
presumption that a prison term shall be imposed for the offense.	858

(f) Except as otherwise provided in this division, if the	859
amount of the drug involved equals or exceeds one thousand grams	860
of hashish in a solid form or equals or exceeds two hundred grams	861
of hashish in a liquid concentrate, liquid extract, or liquid	862
distillate form, trafficking in hashish is a felony of the second	863
degree, and the court shall impose as a mandatory prison term the	864
maximum prison term prescribed for a felony of the second degree.	865
If the amount of the drug involved is within that range and if the	866
offense was committed in the vicinity of a school or in the	867
vicinity of a juvenile, trafficking in hashish is a felony of the	868
first degree, and the court shall impose as a mandatory prison	869
term the maximum prison term prescribed for a felony of the first	870
degree.	871

(D) In addition to any prison term authorized or required by	872
division (C) of this section and sections 2929.13 and 2929.14 of	873
the Revised Code, and in addition to any other sanction imposed	874
for the offense under this section or sections 2929.11 to 2929.18	875
of the Revised Code, the court that sentences an offender who is	876
convicted of or pleads guilty to a violation of division (A) of	877
this section shall do all of the following that are applicable	878
regarding the offender:	879

(1) If the violation of division (A) of this section is a	880
felony of the first, second, or third degree, the court shall	881
impose upon the offender the mandatory fine specified for the	882
offense under division (B)(1) of section 2929.18 of the Revised	883
Code unless, as specified in that division, the court determines	884
that the offender is indigent. Except as otherwise provided in	885
division (H)(1) of this section, a mandatory fine or any other	886
fine imposed for a violation of this section is subject to	887
division (F) of this section. If a person is charged with a	888
violation of this section that is a felony of the first, second,	889
or third degree, posts bail, and forfeits the bail, the clerk of	890
the court shall pay the forfeited bail pursuant to divisions	891
(D)(1) and (F) of this section, as if the forfeited bail was a	892
fine imposed for a violation of this section. If any amount of the	893
forfeited bail remains after that payment and if a fine is imposed	894
under division (H)(1) of this section, the clerk of the court	895
shall pay the remaining amount of the forfeited bail pursuant to	896
divisions (H)(2) and (3) of this section, as if that remaining	897
amount was a fine imposed under division (H)(1) of this section.	898

(2) The court shall suspend the driver's or commercial	899
driver's license or permit of the offender in accordance with	900
division (G) of this section.	901

(3) If the offender is a professionally licensed person, the	902
court immediately shall comply with section 2925.38 of the Revised	903
Code.	904

(E) When a person is charged with the sale of or offer to	905
sell a bulk amount or a multiple of a bulk amount of a controlled	906
substance, the jury, or the court trying the accused, shall	907
determine the amount of the controlled substance involved at the	908
time of the offense and, if a guilty verdict is returned, shall	909
return the findings as part of the verdict. In any such case, it	910
is unnecessary to find and return the exact amount of the	911
controlled substance involved, and it is sufficient if the finding	912
and return is to the effect that the amount of the controlled	913
substance involved is the requisite amount, or that the amount of	914
the controlled substance involved is less than the requisite	915
amount.	916

(F)(1) Notwithstanding any contrary provision of section	917
3719.21 of the Revised Code and except as provided in division (H)	918
of this section, the clerk of the court shall pay any mandatory	919
fine imposed pursuant to division (D)(1) of this section and any	920
fine other than a mandatory fine that is imposed for a violation	921
of this section pursuant to division (A) or (B)(5) of section	922
2929.18 of the Revised Code to the county, township, municipal	923
corporation, park district, as created pursuant to section 511.18	924
or 1545.04 of the Revised Code, or state law enforcement agencies	925
in this state that primarily were responsible for or involved in	926
making the arrest of, and in prosecuting, the offender. However,	927
the clerk shall not pay a mandatory fine so imposed to a law	928
enforcement agency unless the agency has adopted a written	929
internal control policy under division (F)(2) of this section that	930
addresses the use of the fine moneys that it receives. Each agency	931
shall use the mandatory fines so paid to subsidize the agency's	932
law enforcement efforts that pertain to drug offenses, in	933
accordance with the written internal control policy adopted by the	934
recipient agency under division (F)(2) of this section.	935

(2)(a) Prior to receiving any fine moneys under division	936
(F)(1) of this section or division (B)(5) of section 2925.42 of	937
the Revised Code, a law enforcement agency shall adopt a written	938
internal control policy that addresses the agency's use and	939
disposition of all fine moneys so received and that provides for	940
the keeping of detailed financial records of the receipts of those	941
fine moneys, the general types of expenditures made out of those	942
fine moneys, and the specific amount of each general type of	943
expenditure. The policy shall not provide for or permit the	944
identification of any specific expenditure that is made in an	945
ongoing investigation. All financial records of the receipts of	946
those fine moneys, the general types of expenditures made out of	947
those fine moneys, and the specific amount of each general type of	948
expenditure by an agency are public records open for inspection	949
under section 149.43 of the Revised Code. Additionally, a written	950
internal control policy adopted under this division is such a	951
public record, and the agency that adopted it shall comply with	952
it.	953

(b) Each law enforcement agency that receives in any calendar	954
year any fine moneys under division (F)(1) of this section or	955
division (B)(5) of section 2925.42 of the Revised Code shall	956
prepare a report covering the calendar year that cumulates all of	957
the information contained in all of the public financial records	958
kept by the agency pursuant to division (F)(2)(a) of this section	959
for that calendar year, and shall send a copy of the cumulative	960
report, no later than the first day of March in the calendar year	961
following the calendar year covered by the report, to the attorney	962
general. Each report received by the attorney general is a public	963
record open for inspection under section 149.43 of the Revised	964
Code. Not later than the fifteenth day of April in the calendar	965
year in which the reports are received, the attorney general shall	966
send to the president of the senate and the speaker of the house	967
of representatives a written notification that does all of the	968
following:	969

(i) Indicates that the attorney general has received from law	970
enforcement agencies reports of the type described in this	971
division that cover the previous calendar year and indicates that	972
the reports were received under this division;	973

(ii) Indicates that the reports are open for inspection under	974
section 149.43 of the Revised Code;	975

(iii) Indicates that the attorney general will provide a copy	976
of any or all of the reports to the president of the senate or the	977
speaker of the house of representatives upon request.	978

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

979

(a) "Law enforcement agencies" includes, but is not limited	980
to, the state board of pharmacy and the office of a prosecutor.	981

(b) "Prosecutor" has the same meaning as in section 2935.01	982
of the Revised Code.	983

(G) When required under division (D)(2) of this section or	984
any other provision of this chapter, the court shall suspend for	985
not less than six months or more than five years the driver's or	986
commercial driver's license or permit of any person who is	987
convicted of or pleads guilty to any violation of this section or	988
any other specified provision of this chapter. If an offender's	989
driver's or commercial driver's license or permit is suspended	990
pursuant to this division, the offender, at any time after the	991
expiration of two years from the day on which the offender's	992
sentence was imposed or from the day on which the offender finally	993
was released from a prison term under the sentence, whichever is	994
later, may file a motion with the sentencing court requesting	995
termination of the suspension; upon the filing of such a motion	996
and the court's finding of good cause for the termination, the	997
court may terminate the suspension.	998

(H)(1) In addition to any prison term authorized or required	999
by division (C) of this section and sections 2929.13 and 2929.14	1000
of the Revised Code, in addition to any other penalty or sanction	1001
imposed for the offense under this section or sections 2929.11 to	1002
2929.18 of the Revised Code, and in addition to the forfeiture of	1003
property in connection with the offense as prescribed in sections	1004
2925.42 to 2925.45 of the Revised Code, the court that sentences	1005
an offender who is convicted of or pleads guilty to a violation of	1006
division (A) of this section may impose upon the offender an	1007
additional fine specified for the offense in division (B)(4) of	1008
section 2929.18 of the Revised Code. A fine imposed under division	1009
(H)(1) of this section is not subject to division (F) of this	1010
section and shall be used solely for the support of one or more	1011
eligible alcohol and drug addiction programs in accordance with	1012
divisions (H)(2) and (3) of this section.	1013

(2) The court that imposes a fine under division (H)(1) of	1014
this section shall specify in the judgment that imposes the fine	1015
one or more eligible alcohol and drug addiction programs for the	1016
support of which the fine money is to be used. No alcohol and drug	1017
addiction program shall receive or use money paid or collected in	1018
satisfaction of a fine imposed under division (H)(1) of this	1019
section unless the program is specified in the judgment that	1020
imposes the fine. No alcohol and drug addiction program shall be	1021
specified in the judgment unless the program is an eligible	1022
alcohol and drug addiction program and, except as otherwise	1023
provided in division (H)(2) of this section, unless the program is	1024
located in the county in which the court that imposes the fine is	1025
located or in a county that is immediately contiguous to the	1026
county in which that court is located. If no eligible alcohol and	1027
drug addiction program is located in any of those counties, the	1028
judgment may specify an eligible alcohol and drug addiction	1029
program that is located anywhere within this state.	1030

(3) Notwithstanding any contrary provision of section 3719.21	1031
of the Revised Code, the clerk of the court shall pay any fine	1032
imposed under division (H)(1) of this section to the eligible	1033
alcohol and drug addiction program specified pursuant to division	1034
(H)(2) of this section in the judgment. The eligible alcohol and	1035
drug addiction program that receives the fine moneys shall use the	1036
moneys only for the alcohol and drug addiction services identified	1037
in the application for certification under section 3793.06 of the	1038
Revised Code or in the application for a license under section	1039
3793.11 of the Revised Code filed with the department of alcohol	1040
and drug addiction services by the alcohol and drug addiction	1041
program specified in the judgment.	1042

(4) Each alcohol and drug addiction program that receives in	1043
a calendar year any fine moneys under division (H)(3) of this	1044
section shall file an annual report covering that calendar year	1045
with the court of common pleas and the board of county	1046
commissioners of the county in which the program is located, with	1047
the court of common pleas and the board of county commissioners of	1048
each county from which the program received the moneys if that	1049
county is different from the county in which the program is	1050
located, and with the attorney general. The alcohol and drug	1051
addiction program shall file the report no later than the first	1052
day of March in the calendar year following the calendar year in	1053
which the program received the fine moneys. The report shall	1054
include statistics on the number of persons served by the alcohol	1055
and drug addiction program, identify the types of alcohol and drug	1056
addiction services provided to those persons, and include a	1057
specific accounting of the purposes for which the fine moneys	1058
received were used. No information contained in the report shall	1059
identify, or enable a person to determine the identity of, any	1060
person served by the alcohol and drug addiction program. Each	1061
report received by a court of common pleas, a board of county	1062
commissioners, or the attorney general is a public record open for	1063
inspection under section 149.43 of the Revised Code.	1064

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

1065

(a) "Alcohol and drug addiction program" and "alcohol and	1066
drug addiction services" have the same meanings as in section	1067
3793.01 of the Revised Code.	1068

(b) "Eligible alcohol and drug addiction program" means an	1069
alcohol and drug addiction program that is certified under section	1070
3793.06 of the Revised Code or licensed under section 3793.11 of	1071
the Revised Code by the department of alcohol and drug addiction	1072
services.	1073

Sec. 2925.05.  (A) No person shall knowingly provide money or	1074
other items of value to another person with the purpose that the	1075
recipient of the money or items of value use them to obtain any	1076
controlled substance for the purpose of violating section 2925.04	1077
of the Revised Code or for the purpose of selling or offering to	1078
sell the controlled substance in the following amount:	1079

(1) If the drug to be sold or offered for sale is any	1080
compound, mixture, preparation, or substance included in schedule	1081
I or II, with the exception of marihuana, cocaine, L.S.D., heroin,	1082
and hashish, or schedule III, IV, or V, an amount of the drug that	1083
equals or exceeds the bulk amount of the drug;	1084

(2) If the drug to be sold or offered for sale is marihuana	1085
or a compound, mixture, preparation, or substance other than	1086
hashish containing marihuana, an amount of the marihuana that	1087
equals or exceeds two hundred grams;	1088

(3) If the drug to be sold or offered for sale is cocaine or	1089
a compound, mixture, preparation, or substance containing cocaine,	1090
an amount of the cocaine that equals or exceeds five grams if the	1091
cocaine is not crack cocaine or equals or exceeds one gram if the	1092
cocaine is crack cocaine;	1093

(4) If the drug to be sold or offered for sale is L.S.D. or a	1094
compound, mixture, preparation, or substance containing L.S.D., an	1095
amount of the L.S.D. that equals or exceeds ten unit doses if the	1096
L.S.D. is in a solid form or equals or exceeds one gram if the	1097
L.S.D. is in a liquid concentrate, liquid extract, or liquid	1098
distillate form;	1099

(5) If the drug to be sold or offered for sale is heroin or a	1100
compound, mixture, preparation, or substance containing heroin, an	1101
amount of the heroin that equals or exceeds ten unit doses or	1102
equals or exceeds one gram;	1103

(6) If the drug to be sold or offered for sale is hashish or	1104
a compound, mixture, preparation, or substance containing hashish,	1105
an amount of the hashish that equals or exceeds ten grams if the	1106
hashish is in a solid form or equals or exceeds two grams if the	1107
hashish is in a liquid concentrate, liquid extract, or liquid	1108
distillate form.	1109

(B) This section does not apply to any person listed in	1110
division (B)(1), (2), or (3) of section 2925.03 of the Revised	1111
Code to the extent and under the circumstances described in those	1112
divisions.	1113

(C)(1) If the drug involved in the violation is any compound,	1114
mixture, preparation, or substance included in schedule I or II,	1115
with the exception of marihuana, whoever violates division (A) of	1116
this section is guilty of aggravated funding of drug trafficking,	1117
a felony of the first degree, and, subject to division (E) of this	1118
section, the court shall impose as a mandatory prison term one of	1119
the prison terms prescribed for a felony of the first degree.	1120

(2) If the drug involved in the violation is any compound,	1121
mixture, preparation, or substance included in schedule III, IV,	1122
or V, whoever violates division (A) of this section is guilty of	1123
funding of drug trafficking, a felony of the second degree, and	1124
the court shall impose as a mandatory prison term one of the	1125
prison terms prescribed for a felony of the second degree.	1126

(3) If the drug involved in the violation is marihuana,	1127
whoever violates division (A) of this section is guilty of funding	1128
of marihuana trafficking, a felony of the third degree, and the	1129
court shall impose as a mandatory prison term one of the prison	1130
terms prescribed for a felony of the third degree.	1131

(D) In addition to any prison term authorized or required by	1132
division (C) or (E) of this section and sections 2929.13 and	1133
2929.14 of the Revised Code and in addition to any other sanction	1134
imposed for the offense under this section or sections 2929.11 to	1135
2929.18 of the Revised Code, the court that sentences an offender	1136
who is convicted of or pleads guilty to a violation of division	1137
(A) of this section shall do all of the following that are	1138
applicable regarding the offender:	1139

(1) The court shall impose the mandatory fine specified for	1140
the offense under division (B)(1) of section 2929.18 of the	1141
Revised Code unless, as specified in that division, the court	1142
determines that the offender is indigent. The clerk of the court	1143
shall pay a mandatory fine or other fine imposed for a violation	1144
of this section pursuant to division (A) of section 2929.18 of the	1145
Revised Code in accordance with and subject to the requirements of	1146
division (F) of section 2925.03 of the Revised Code. The agency	1147
that receives the fine shall use the fine in accordance with	1148
division (F) of section 2925.03 of the Revised Code. If a person	1149
is charged with a violation of this section, posts bail, and	1150
forfeits the bail, the forfeited bail shall be paid as if the	1151
forfeited bail were a fine imposed for a violation of this	1152
section.	1153

(2) The court shall suspend the offender's driver's or	1154
commercial driver's license or permit in accordance with division	1155
(G) of section 2925.03 of the Revised Code. If an offender's	1156
driver's or commercial driver's license or permit is suspended in	1157
accordance with that division, the offender may request	1158
termination of, and the court may terminate, the suspension in	1159
accordance with that division.	1160

(3) If the offender is a professionally licensed person, the	1161
court immediately shall comply with section 2925.38 of the Revised	1162
Code.	1163

(E) Notwithstanding the prison term otherwise authorized or	1164
required for the offense under division (C) of this section and	1165
sections 2929.13 and 2929.14 of the Revised Code, if the violation	1166
of division (A) of this section involves the sale, offer to sell,	1167
or possession of a schedule I or II controlled substance, with the	1168
exception of marihuana, and if the court imposing sentence upon	1169
the offender finds that the offender as a result of the violation	1170
is a major drug offender and is guilty of a specification of the	1171
type described in section 2941.1410 of the Revised Code, the	1172
court, in lieu of the prison term otherwise authorized or	1173
required, shall impose upon the offender the mandatory prison term	1174
specified in division (D)(3)(a) of section 2929.14 of the Revised	1175
Code and may impose an additional prison term under division	1176
(D)(3)(b) of that section.	1177

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	1178
or use a controlled substance.	1179

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

1180

(1) Manufacturers, licensed health professionals authorized	1181
to prescribe drugs, pharmacists, owners of pharmacies, and other	1182
persons whose conduct was in accordance with Chapters 3719.,	1183
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1184

(2) If the offense involves an anabolic steroid, any person	1185
who is conducting or participating in a research project involving	1186
the use of an anabolic steroid if the project has been approved by	1187
the United States food and drug administration;	1188

(3) Any person who sells, offers for sale, prescribes,	1189
dispenses, or administers for livestock or other nonhuman species	1190
an anabolic steroid that is expressly intended for administration	1191
through implants to livestock or other nonhuman species and	1192
approved for that purpose under the "Federal Food, Drug, and	1193
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1194
and is sold, offered for sale, prescribed, dispensed, or	1195
administered for that purpose in accordance with that act;	1196

(4) Any person who obtained the controlled substance pursuant	1197
to a prescription issued by a licensed health professional	1198
authorized to prescribe drugs.	1199

(C) Whoever violates division (A) of this section is guilty	1200
of one of the following:	1201

(1) If the drug involved in the violation is a compound,	1202
mixture, preparation, or substance included in schedule I or II,	1203
with the exception of marihuana, cocaine, L.S.D., heroin, and	1204
hashish, whoever violates division (A) of this section is guilty	1205
of aggravated possession of drugs. The penalty for the offense	1206
shall be determined as follows:	1207

(a) Except as otherwise provided in division (C)(1)(b), (c),	1208
(d), or (e) of this section, aggravated possession of drugs is a	1209
felony of the fifth degree, and division (B) of section 2929.13 of	1210
the Revised Code applies in determining whether to impose a prison	1211
term on the offender.	1212

(b) If the amount of the drug involved equals or exceeds the	1213
bulk amount but is less than five times the bulk amount,	1214
aggravated possession of drugs is a felony of the third degree,	1215
and there is a presumption for a prison term for the offense.	1216

(c) If the amount of the drug involved equals or exceeds five	1217
times the bulk amount but is less than fifty times the bulk	1218
amount, aggravated possession of drugs is a felony of the second	1219
degree, and the court shall impose as a mandatory prison term one	1220
of the prison terms prescribed for a felony of the second degree.	1221

(d) If the amount of the drug involved equals or exceeds	1222
fifty times the bulk amount but is less than one hundred times the	1223
bulk amount, aggravated possession of drugs is a felony of the	1224
first degree, and the court shall impose as a mandatory prison	1225
term one of the prison terms prescribed for a felony of the first	1226
degree.	1227

(e) If the amount of the drug involved equals or exceeds one	1228
hundred times the bulk amount, aggravated possession of drugs is a	1229
felony of the first degree, the offender is a major drug offender,	1230
and the court shall impose as a mandatory prison term the maximum	1231
prison term prescribed for a felony of the first degree and may	1232
impose an additional mandatory prison term prescribed for a major	1233
drug offender under division (D)(3)(b) of section 2929.14 of the	1234
Revised Code.	1235

(2) If the drug involved in the violation is a compound,	1236
mixture, preparation, or substance included in schedule III, IV,	1237
or V, whoever violates division (A) of this section is guilty of	1238
possession of drugs. The penalty for the offense shall be	1239
determined as follows:	1240

(a) Except as otherwise provided in division (C)(2)(b), (c),	1241
or (d) of this section, possession of drugs is a misdemeanor of	1242
the third degree or, if the offender previously has been convicted	1243
of a drug abuse offense, a misdemeanor of the second degree. If	1244
the drug involved in the violation is an anabolic steroid included	1245
in schedule III and if the offense is a misdemeanor of the third	1246
degree under this division, in lieu of sentencing the offender to	1247
a term of imprisonment in a detention facility, the court may	1248
place the offender under a community control sanction, as defined	1249
in section 2929.01 of the Revised Code, that requires the offender	1250
to perform supervised community service work pursuant to division	1251
(B) of section 2951.02 of the Revised Code.	1252

(b) If the amount of the drug involved equals or exceeds the	1253
bulk amount but is less than five times the bulk amount,	1254
possession of drugs is a felony of the fourth degree, and division	1255
(C) of section 2929.13 of the Revised Code applies in determining	1256
whether to impose a prison term on the offender.	1257

(c) If the amount of the drug involved equals or exceeds five	1258
times the bulk amount but is less than fifty times the bulk	1259
amount, possession of drugs is a felony of the third degree, and	1260
there is a presumption for a prison term for the offense.	1261

(d) If the amount of the drug involved equals or exceeds	1262
fifty times the bulk amount, possession of drugs is a felony of	1263
the second degree, and the court shall impose upon the offender as	1264
a mandatory prison term one of the prison terms prescribed for a	1265
felony of the second degree.	1266

(3) If the drug involved in the violation is marihuana or a	1267
compound, mixture, preparation, or substance containing marihuana	1268
other than hashish, whoever violates division (A) of this section	1269
is guilty of possession of marihuana. The penalty for the offense	1270
shall be determined as follows:	1271

(a) Except as otherwise provided in division (C)(3)(b), (c),	1272
(d), (e), or (f) of this section, possession of marihuana is a	1273
minor misdemeanor.	1274

(b) If the amount of the drug involved equals or exceeds one	1275
hundred grams but is less than two hundred grams, possession of	1276
marihuana is a misdemeanor of the fourth degree.	1277

(c) If the amount of the drug involved equals or exceeds two	1278
hundred grams but is less than one thousand grams, possession of	1279
marihuana is a felony of the fifth degree, and division (B) of	1280
section 2929.13 of the Revised Code applies in determining whether	1281
to impose a prison term on the offender.	1282

(d) If the amount of the drug involved equals or exceeds one	1283
thousand grams but is less than five thousand grams, possession of	1284
marihuana is a felony of the third degree, and division (C) of	1285
section 2929.13 of the Revised Code applies in determining whether	1286
to impose a prison term on the offender.	1287

(e) If the amount of the drug involved equals or exceeds five	1288
thousand grams but is less than twenty thousand grams, possession	1289
of marihuana is a felony of the third degree, and there is a	1290
presumption that a prison term shall be imposed for the offense.	1291

(f) If the amount of the drug involved equals or exceeds	1292
twenty thousand grams, possession of marihuana is a felony of the	1293
second degree, and the court shall impose as a mandatory prison	1294
term the maximum prison term prescribed for a felony of the second	1295
degree.	1296

(4) If the drug involved in the violation is cocaine or a	1297
compound, mixture, preparation, or substance containing cocaine,	1298
whoever violates division (A) of this section is guilty of	1299
possession of cocaine. The penalty for the offense shall be	1300
determined as follows:	1301

(a) Except as otherwise provided in division (C)(4)(b), (c),	1302
(d), (e), or (f) of this section, possession of cocaine is a	1303
felony of the fifth degree, and division (B) of section 2929.13 of	1304
the Revised Code applies in determining whether to impose a prison	1305
term on the offender.	1306

(b) If the amount of the drug involved equals or exceeds five	1307
grams but is less than twenty-five grams of cocaine that is not	1308
crack cocaine or equals or exceeds one gram but is less than five	1309
grams of crack cocaine, possession of cocaine is a felony of the	1310
fourth degree, and there is a presumption for a prison term for	1311
the offense.	1312

(c) If the amount of the drug involved equals or exceeds	1313
twenty-five grams but is less than one hundred grams of cocaine	1314
that is not crack cocaine or equals or exceeds five grams but is	1315
less than ten grams of crack cocaine, possession of cocaine is a	1316
felony of the third degree, and the court shall impose as a	1317
mandatory prison term one of the prison terms prescribed for a	1318
felony of the third degree.	1319

(d) If the amount of the drug involved equals or exceeds one	1320
hundred grams but is less than five hundred grams of cocaine that	1321
is not crack cocaine or equals or exceeds ten grams but is less	1322
than twenty-five grams of crack cocaine, possession of cocaine is	1323
a felony of the second degree, and the court shall impose as a	1324
mandatory prison term one of the prison terms prescribed for a	1325
felony of the second degree.	1326

(e) If the amount of the drug involved equals or exceeds five	1327
hundred grams but is less than one thousand grams of cocaine that	1328
is not crack cocaine or equals or exceeds twenty-five grams but is	1329
less than one hundred grams of crack cocaine, possession of	1330
cocaine is a felony of the first degree, and the court shall	1331
impose as a mandatory prison term one of the prison terms	1332
prescribed for a felony of the first degree.	1333

(f) If the amount of the drug involved equals or exceeds one	1334
thousand grams of cocaine that is not crack cocaine or equals or	1335
exceeds one hundred grams of crack cocaine, possession of cocaine	1336
is a felony of the first degree, the offender is a major drug	1337
offender, and the court shall impose as a mandatory prison term	1338
the maximum prison term prescribed for a felony of the first	1339
degree and may impose an additional mandatory prison term	1340
prescribed for a major drug offender under division (D)(3)(b) of	1341
section 2929.14 of the Revised Code.	1342

(5) If the drug involved in the violation is L.S.D., whoever	1343
violates division (A) of this section is guilty of possession of	1344
L.S.D. The penalty for the offense shall be determined as follows:	1345

(a) Except as otherwise provided in division (C)(5)(b), (c),	1346
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1347
of the fifth degree, and division (B) of section 2929.13 of the	1348
Revised Code applies in determining whether to impose a prison	1349
term on the offender.	1350

(b) If the amount of L.S.D. involved equals or exceeds ten	1351
unit doses but is less than fifty unit doses of L.S.D. in a solid	1352
form or equals or exceeds one gram but is less than five grams of	1353
L.S.D. in a liquid concentrate, liquid extract, or liquid	1354
distillate form, possession of L.S.D. is a felony of the fourth	1355
degree, and division (C) of section 2929.13 of the Revised Code	1356
applies in determining whether to impose a prison term on the	1357
offender.	1358

(c) If the amount of L.S.D. involved equals or exceeds fifty	1359
unit doses, but is less than two hundred fifty unit doses of	1360
L.S.D. in a solid form or equals or exceeds five grams but is less	1361
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1362
extract, or liquid distillate form, possession of L.S.D. is a	1363
felony of the third degree, and there is a presumption for a	1364
prison term for the offense.	1365

(d) If the amount of L.S.D. involved equals or exceeds two	1366
hundred fifty unit doses but is less than one thousand unit doses	1367
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1368
but is less than one hundred grams of L.S.D. in a liquid	1369
concentrate, liquid extract, or liquid distillate form, possession	1370
of L.S.D. is a felony of the second degree, and the court shall	1371
impose as a mandatory prison term one of the prison terms	1372
prescribed for a felony of the second degree.	1373

(e) If the amount of L.S.D. involved equals or exceeds one	1374
thousand unit doses but is less than five thousand unit doses of	1375
L.S.D. in a solid form or equals or exceeds one hundred grams but	1376
is less than five hundred grams of L.S.D. in a liquid concentrate,	1377
liquid extract, or liquid distillate form, possession of L.S.D. is	1378
a felony of the first degree, and the court shall impose as a	1379
mandatory prison term one of the prison terms prescribed for a	1380
felony of the first degree.	1381

(f) If the amount of L.S.D. involved equals or exceeds five	1382
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1383
five hundred grams of L.S.D. in a liquid concentrate, liquid	1384
extract, or liquid distillate form, possession of L.S.D. is a	1385
felony of the first degree, the offender is a major drug offender,	1386
and the court shall impose as a mandatory prison term the maximum	1387
prison term prescribed for a felony of the first degree and may	1388
impose an additional mandatory prison term prescribed for a major	1389
drug offender under division (D)(3)(b) of section 2929.14 of the	1390
Revised Code.	1391

(6) If the drug involved in the violation is heroin or a	1392
compound, mixture, preparation, or substance containing heroin,	1393
whoever violates division (A) of this section is guilty of	1394
possession of heroin. The penalty for the offense shall be	1395
determined as follows:	1396

(a) Except as otherwise provided in division (C)(6)(b), (c),	1397
(d), (e), or (f) of this section, possession of heroin is a felony	1398
of the fifth degree, and division (B) of section 2929.13 of the	1399
Revised Code applies in determining whether to impose a prison	1400
term on the offender.	1401

(b) If the amount of the drug involved equals or exceeds ten	1402
unit doses but is less than fifty unit doses or equals or exceeds	1403
one gram but is less than five grams, possession of heroin is a	1404
felony of the fourth degree, and division (C) of section 2929.13	1405
of the Revised Code applies in determining whether to impose a	1406
prison term on the offender.	1407

(c) If the amount of the drug involved equals or exceeds	1408
fifty unit doses but is less than one hundred unit doses or equals	1409
or exceeds five grams but is less than ten grams, possession of	1410
heroin is a felony of the third degree, and there is a presumption	1411
for a prison term for the offense.	1412

(d) If the amount of the drug involved equals or exceeds one	1413
hundred unit doses but is less than five hundred unit doses or	1414
equals or exceeds ten grams but is less than fifty grams,	1415
possession of heroin is a felony of the second degree, and the	1416
court shall impose as a mandatory prison term one of the prison	1417
terms prescribed for a felony of the second degree.	1418

(e) If the amount of the drug involved equals or exceeds five	1419
hundred unit doses but is less than two thousand five hundred unit	1420
doses or equals or exceeds fifty grams but is less than two	1421
hundred fifty grams, possession of heroin is a felony of the first	1422
degree, and the court shall impose as a mandatory prison term one	1423
of the prison terms prescribed for a felony of the first degree.	1424

(f) If the amount of the drug involved equals or exceeds two	1425
thousand five hundred unit doses or equals or exceeds two hundred	1426
fifty grams, possession of heroin is a felony of the first degree,	1427
the offender is a major drug offender, and the court shall impose	1428
as a mandatory prison term the maximum prison term prescribed for	1429
a felony of the first degree and may impose an additional	1430
mandatory prison term prescribed for a major drug offender under	1431
division (D)(3)(b) of section 2929.14 of the Revised Code.	1432

(7) If the drug involved in the violation is hashish or a	1433
compound, mixture, preparation, or substance containing hashish,	1434
whoever violates division (A) of this section is guilty of	1435
possession of hashish. The penalty for the offense shall be	1436
determined as follows:	1437

(a) Except as otherwise provided in division (C)(7)(b), (c),	1438
(d), (e), or (f) of this section, possession of hashish is a minor	1439
misdemeanor.	1440

(b) If the amount of the drug involved equals or exceeds five	1441
grams but is less than ten grams of hashish in a solid form or	1442
equals or exceeds one gram but is less than two grams of hashish	1443
in a liquid concentrate, liquid extract, or liquid distillate	1444
form, possession of hashish is a misdemeanor of the fourth degree.	1445

(c) If the amount of the drug involved equals or exceeds ten	1446
grams but is less than fifty grams of hashish in a solid form or	1447
equals or exceeds two grams but is less than ten grams of hashish	1448
in a liquid concentrate, liquid extract, or liquid distillate	1449
form, possession of hashish is a felony of the fifth degree, and	1450
division (B) of section 2929.13 of the Revised Code applies in	1451
determining whether to impose a prison term on the offender.	1452

(d) If the amount of the drug involved equals or exceeds	1453
fifty grams but is less than two hundred fifty grams of hashish in	1454
a solid form or equals or exceeds ten grams but is less than fifty	1455
grams of hashish in a liquid concentrate, liquid extract, or	1456
liquid distillate form, possession of hashish is a felony of the	1457
third degree, and division (C) of section 2929.13 of the Revised	1458
Code applies in determining whether to impose a prison term on the	1459
offender.	1460

(e) If the amount of the drug involved equals or exceeds two	1461
hundred fifty grams but is less than one thousand grams of hashish	1462
in a solid form or equals or exceeds fifty grams but is less than	1463
two hundred grams of hashish in a liquid concentrate, liquid	1464
extract, or liquid distillate form, possession of hashish is a	1465
felony of the third degree, and there is a presumption that a	1466
prison term shall be imposed for the offense.	1467

(f) If the amount of the drug involved equals or exceeds one	1468
thousand grams of hashish in a solid form or equals or exceeds two	1469
hundred grams of hashish in a liquid concentrate, liquid extract,	1470
or liquid distillate form, possession of hashish is a felony of	1471
the second degree, and the court shall impose as a mandatory	1472
prison term the maximum prison term prescribed for a felony of the	1473
second degree.	1474

(D) Arrest or conviction for a minor misdemeanor violation of	1475
this section does not constitute a criminal record and need not be	1476
reported by the person so arrested or convicted in response to any	1477
inquiries about the person's criminal record, including any	1478
inquiries contained in any application for employment, license, or	1479
other right or privilege, or made in connection with the person's	1480
appearance as a witness.	1481

(E) In addition to any prison term or jail term authorized or	1482
required by division (C) of this section and sections 2929.13,	1483
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1484
addition to any other sanction that is imposed for the offense	1485
under this section, sections 2929.11 to 2929.18, or sections	1486
2929.21 to 2929.28 of the Revised Code, the court that sentences	1487
an offender who is convicted of or pleads guilty to a violation of	1488
division (A) of this section shall do all of the following that	1489
are applicable regarding the offender:	1490

(1)(a) If the violation is a felony of the first, second, or	1491
third degree, the court shall impose upon the offender the	1492
mandatory fine specified for the offense under division (B)(1) of	1493
section 2929.18 of the Revised Code unless, as specified in that	1494
division, the court determines that the offender is indigent.	1495

(b) Notwithstanding any contrary provision of section 3719.21	1496
of the Revised Code, the clerk of the court shall pay a mandatory	1497
fine or other fine imposed for a violation of this section	1498
pursuant to division (A) of section 2929.18 of the Revised Code in	1499
accordance with and subject to the requirements of division (F) of	1500
section 2925.03 of the Revised Code. The agency that receives the	1501
fine shall use the fine as specified in division (F) of section	1502
2925.03 of the Revised Code.	1503

(c) If a person is charged with a violation of this section	1504
that is a felony of the first, second, or third degree, posts	1505
bail, and forfeits the bail, the clerk shall pay the forfeited	1506
bail pursuant to division (E)(1)(b) of this section as if it were	1507
a mandatory fine imposed under division (E)(1)(a) of this section.	1508

(2) The court shall suspend for not less than six months or	1509
more than five years the offender's driver's or commercial	1510
driver's license or permit.	1511

(3) If the offender is a professionally licensed person, in	1512
addition to any other sanction imposed for a violation of this	1513
section, the court immediately shall comply with section 2925.38	1514
of the Revised Code.	1515

(F) It is an affirmative defense, as provided in section	1516
2901.05 of the Revised Code, to a charge of a fourth degree felony	1517
violation under this section that the controlled substance that	1518
gave rise to the charge is in an amount, is in a form, is	1519
prepared, compounded, or mixed with substances that are not	1520
controlled substances in a manner, or is possessed under any other	1521
circumstances, that indicate that the substance was possessed	1522
solely for personal use. Notwithstanding any contrary provision	1523
of this section, if, in accordance with section 2901.05 of the	1524
Revised Code, an accused who is charged with a fourth degree	1525
felony violation of division (C)(2), (4), (5), or (6) of this	1526
section sustains the burden of going forward with evidence of and	1527
establishes by a preponderance of the evidence the affirmative	1528
defense described in this division, the accused may be prosecuted	1529
for and may plead guilty to or be convicted of a misdemeanor	1530
violation of division (C)(2) of this section or a fifth degree	1531
felony violation of division (C)(4), (5), or (6) of this section	1532
respectively.	1533

(G) When a person is charged with possessing a bulk amount or	1534
multiple of a bulk amount, division (E) of section 2925.03 of the	1535
Revised Code applies regarding the determination of the amount of	1536
the controlled substance involved at the time of the offense.	1537

Sec. 2929.01.  As used in this chapter:

1538

(A)(1) "Alternative residential facility" means, subject to	1539
division (A)(2) of this section, any facility other than an	1540
offender's home or residence in which an offender is assigned to	1541
live and that satisfies all of the following criteria:	1542

(a) It provides programs through which the offender may seek	1543
or maintain employment or may receive education, training,	1544
treatment, or habilitation.	1545

(b) It has received the appropriate license or certificate	1546
for any specialized education, training, treatment, habilitation,	1547
or other service that it provides from the government agency that	1548
is responsible for licensing or certifying that type of education,	1549
training, treatment, habilitation, or service.	1550

(2) "Alternative residential facility" does not include a	1551
community-based correctional facility, jail, halfway house, or	1552
prison.	1553

(B) "Bad time" means the time by which the parole board	1554
administratively extends an offender's stated prison term or terms	1555
pursuant to section 2967.11 of the Revised Code because the parole	1556
board finds by clear and convincing evidence that the offender,	1557
while serving the prison term or terms, committed an act that is a	1558
criminal offense under the law of this state or the United States,	1559
whether or not the offender is prosecuted for the commission of	1560
that act.	1561

(C) "Basic probation supervision" means a requirement that	1562
the offender maintain contact with a person appointed to supervise	1563
the offender in accordance with sanctions imposed by the court or	1564
imposed by the parole board pursuant to section 2967.28 of the	1565
Revised Code. "Basic probation supervision" includes basic parole	1566
supervision and basic post-release control supervision.	1567

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	1568
"unit dose" have the same meanings as in section 2925.01 of the	1569
Revised Code.	1570

(E) "Community-based correctional facility" means a	1571
community-based correctional facility and program or district	1572
community-based correctional facility and program developed	1573
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1574

(F) "Community control sanction" means a sanction that is not	1575
a prison term and that is described in section 2929.15, 2929.16,	1576
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1577
a jail term and that is described in section 2929.26, 2929.27, or	1578
2929.28 of the Revised Code. "Community control sanction"	1579
includes probation if the sentence involved was imposed for a	1580
felony that was committed prior to July 1, 1996, or if the	1581
sentence involved was imposed for a misdemeanor that was committed	1582
prior to January 1, 2004.	1583

(G) "Controlled substance," "marihuana," "schedule I," and	1584
"schedule II" have the same meanings as in section 3719.01 of the	1585
Revised Code.	1586

(H) "Curfew" means a requirement that an offender during a	1587
specified period of time be at a designated place.	1588

(I) "Day reporting" means a sanction pursuant to which an	1589
offender is required each day to report to and leave a center or	1590
other approved reporting location at specified times in order to	1591
participate in work, education or training, treatment, and other	1592
approved programs at the center or outside the center.	1593

(J) "Deadly weapon" has the same meaning as in section	1594
2923.11 of the Revised Code.	1595

(K) "Drug and alcohol use monitoring" means a program under	1596
which an offender agrees to submit to random chemical analysis of	1597
the offender's blood, breath, or urine to determine whether the	1598
offender has ingested any alcohol or other drugs.	1599

(L) "Drug treatment program" means any program under which a	1600
person undergoes assessment and treatment designed to reduce or	1601
completely eliminate the person's physical or emotional reliance	1602
upon alcohol, another drug, or alcohol and another drug and under	1603
which the person may be required to receive assessment and	1604
treatment on an outpatient basis or may be required to reside at a	1605
facility other than the person's home or residence while	1606
undergoing assessment and treatment.	1607

(M) "Economic loss" means any economic detriment suffered by	1608
a victim as a direct and proximate result of the commission of an	1609
offense and includes any loss of income due to lost time at work	1610
because of any injury caused to the victim, and any property loss,	1611
medical cost, or funeral expense incurred as a result of the	1612
commission of the offense. "Economic loss" does not include	1613
non-economic loss or any punitive or exemplary damages.	1614

(N) "Education or training" includes study at, or in	1615
conjunction with a program offered by, a university, college, or	1616
technical college or vocational study and also includes the	1617
completion of primary school, secondary school, and literacy	1618
curricula or their equivalent.	1619

(O) "Firearm" has the same meaning as in section 2923.11 of	1620
the Revised Code.	1621

(P) "Halfway house" means a facility licensed by the division	1622
of parole and community services of the department of	1623
rehabilitation and correction pursuant to section 2967.14 of the	1624
Revised Code as a suitable facility for the care and treatment of	1625
adult offenders.	1626

(Q) "House arrest" means a period of confinement of an	1627
offender that is in the offender's home or in other premises	1628
specified by the sentencing court or by the parole board pursuant	1629
to section 2967.28 of the Revised Code and during which all of the	1630
following apply:	1631

(1) The offender is required to remain in the offender's home	1632
or other specified premises for the specified period of	1633
confinement, except for periods of time during which the offender	1634
is at the offender's place of employment or at other premises as	1635
authorized by the sentencing court or by the parole board.	1636

(2) The offender is required to report periodically to a	1637
person designated by the court or parole board.	1638

(3) The offender is subject to any other restrictions and	1639
requirements that may be imposed by the sentencing court or by the	1640
parole board.	1641

(R) "Intensive probation supervision" means a requirement	1642
that an offender maintain frequent contact with a person appointed	1643
by the court, or by the parole board pursuant to section 2967.28	1644
of the Revised Code, to supervise the offender while the offender	1645
is seeking or maintaining necessary employment and participating	1646
in training, education, and treatment programs as required in the	1647
court's or parole board's order. "Intensive probation supervision"	1648
includes intensive parole supervision and intensive post-release	1649
control supervision.	1650

(S) "Jail" means a jail, workhouse, minimum security jail, or	1651
other residential facility used for the confinement of alleged or	1652
convicted offenders that is operated by a political subdivision or	1653
a combination of political subdivisions of this state.	1654

(T) "Jail term" means the term in a jail that a sentencing	1655
court imposes or is authorized to impose pursuant to section	1656
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1657
provision of the Revised Code that authorizes a term in a jail for	1658
a misdemeanor conviction.	1659

(U) "Mandatory jail term" means the term in a jail that a	1660
sentencing court is required to impose pursuant to division (G) of	1661
section 1547.99 of the Revised Code, division (E) of section	1662
2903.06 or division (D) of section 2903.08 of the Revised Code,	1663
division (E) of section 2929.24 of the Revised Code, division (B)	1664
of section 4510.14 of the Revised Code, or division (G) of section	1665
4511.19 of the Revised Code or pursuant to any other provision of	1666
the Revised Code that requires a term in a jail for a misdemeanor	1667
conviction.	1668

(V) "Delinquent child" has the same meaning as in section	1669
2152.02 of the Revised Code.	1670

(W) "License violation report" means a report that is made by	1671
a sentencing court, or by the parole board pursuant to section	1672
2967.28 of the Revised Code, to the regulatory or licensing board	1673
or agency that issued an offender a professional license or a	1674
license or permit to do business in this state and that specifies	1675
that the offender has been convicted of or pleaded guilty to an	1676
offense that may violate the conditions under which the offender's	1677
professional license or license or permit to do business in this	1678
state was granted or an offense for which the offender's	1679
professional license or license or permit to do business in this	1680
state may be revoked or suspended.	1681

(X) "Major drug offender" means an offender who is convicted	1682
of or pleads guilty to the possession of, sale of, or offer to	1683
sell any drug, compound, mixture, preparation, or substance that	1684
consists of or contains at least one thousand grams of hashish; at	1685
least one hundred grams of crack cocaine; at least one thousand	1686
grams of cocaine that is not crack cocaine; at least two thousand	1687
five hundred unit doses or two hundred fifty grams of heroin; at	1688
least five thousand unit doses of L.S.D. or five hundred grams of	1689
L.S.D. in a liquid concentrate, liquid extract, or liquid	1690
distillate form; or at least one hundred times the amount of any	1691
other schedule I or II controlled substance other than marihuana	1692
that is necessary to commit a felony of the third degree pursuant	1693
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1694
Code that is based on the possession of, sale of, or offer to sell	1695
the controlled substance.	1696

(Y) "Mandatory prison term" means any of the following:

1697

(1) Subject to division (Y)(2) of this section, the term in	1698
prison that must be imposed for the offenses or circumstances set	1699
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	1700
2929.13 and division (D) of section 2929.14 of the Revised Code.	1701
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1702
and 2925.11 of the Revised Code, unless the maximum or another	1703
specific term is required under section 2929.14 or 2929.142 of the	1704
Revised Code, a mandatory prison term described in this division	1705
may be any prison term authorized for the level of offense.	1706

(2) The term of sixty or one hundred twenty days in prison	1707
that a sentencing court is required to impose for a third or	1708
fourth degree felony OVI offense pursuant to division (G)(2) of	1709
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1710
of the Revised Code or the term of one, two, three, four, or five	1711
years in prison that a sentencing court is required to impose	1712
pursuant to division (G)(2) of section 2929.13 of the Revised	1713
Code.	1714

(3) The term in prison imposed pursuant to division (A) of	1715
section 2971.03 of the Revised Code for the offenses and in the	1716
circumstances described in division (F)(11) of section 2929.13 of	1717
the Revised Code, pursuant to division (B)(1)(a), (b), or (c) of	1718
section 2971.03 of the Revised Code for the offense of rape	1719
committed on or after the effective date of this amendmentJanuary	1720
2, 2007, in violation of division (A)(1)(b) of section 2907.02 of	1721
the Revised Code, pursuant to division (B)(2)(a) of section	1722
2971.03 of the Revised Code for the offense of attempted rape	1723
committed on or after the effective date of this amendmentJanuary	1724
2, 2007, and a specification of the type described in section	1725
2941.1418 of the Revised Code, pursuant to division (B)(2)(b) of	1726
section 2971.03 of the Revised Code for the offense of attempted	1727
rape committed on or after the effective date of this amendment	1728
January 2, 2007, and a specification of the type described in	1729
section 2941.1419 of the Revised Code, or pursuant to division	1730
(B)(2)(c) of section 2971.03 of the Revised Code for the offense	1731
of attempted rape committed on or after the effective date of this	1732
amendmentJanuary 2, 2007, and a specification of the type	1733
described in section 2941.1420 of the Revised Code and that term	1734
as modified or terminated pursuant to section 2971.05 of the	1735
Revised Code.	1736

(Z) "Monitored time" means a period of time during which an	1737
offender continues to be under the control of the sentencing court	1738
or parole board, subject to no conditions other than leading a	1739
law-abiding life.	1740

(AA) "Offender" means a person who, in this state, is	1741
convicted of or pleads guilty to a felony or a misdemeanor.	1742

(BB) "Prison" means a residential facility used for the	1743
confinement of convicted felony offenders that is under the	1744
control of the department of rehabilitation and correction but	1745
does not include a violation sanction center operated under	1746
authority of section 2967.141 of the Revised Code.	1747

(CC) "Prison term" includes any of the following sanctions	1748
for an offender:	1749

(1) A stated prison term;

1750

(2) A term in a prison shortened by, or with the approval of,	1751
the sentencing court pursuant to section 2929.20, 2967.26,	1752
5120.031, 5120.032, or 5120.073 of the Revised Code;	1753

(3) A term in prison extended by bad time imposed pursuant to	1754
section 2967.11 of the Revised Code or imposed for a violation of	1755
post-release control pursuant to section 2967.28 of the Revised	1756
Code.	1757

(DD) "Repeat violent offender" means a person about whom both	1758
of the following apply:	1759

(1) The person is being sentenced for committing or for	1760
complicity in committing any of the following:	1761

(a) Aggravated murder, murder, any felony of the first or	1762
second degree that is an offense of violence, or an attempt to	1763
commit any of these offenses if the attempt is a felony of the	1764
first or second degree;	1765

(b) An offense under an existing or former law of this state,	1766
another state, or the United States that is or was substantially	1767
equivalent to an offense described in division (DD)(1)(a) of this	1768
section.	1769

(2) The person previously was convicted of or pleaded guilty	1770
to an offense described in division (DD)(1)(a) or (b) of this	1771
section.	1772

(EE) "Sanction" means any penalty imposed upon an offender	1773
who is convicted of or pleads guilty to an offense, as punishment	1774
for the offense. "Sanction" includes any sanction imposed pursuant	1775
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1776
2929.28 of the Revised Code.	1777

(FF) "Sentence" means the sanction or combination of	1778
sanctions imposed by the sentencing court on an offender who is	1779
convicted of or pleads guilty to an offense.	1780

(GG) "Stated prison term" means the prison term, mandatory	1781
prison term, or combination of all prison terms and mandatory	1782
prison terms imposed by the sentencing court pursuant to section	1783
2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison	1784
term" includes any credit received by the offender for time spent	1785
in jail awaiting trial, sentencing, or transfer to prison for the	1786
offense and any time spent under house arrest or house arrest with	1787
electronic monitoring imposed after earning credits pursuant to	1788
section 2967.193 of the Revised Code.	1789

(HH) "Victim-offender mediation" means a reconciliation or	1790
mediation program that involves an offender and the victim of the	1791
offense committed by the offender and that includes a meeting in	1792
which the offender and the victim may discuss the offense, discuss	1793
restitution, and consider other sanctions for the offense.	1794

(II) "Fourth degree felony OVI offense" means a violation of	1795
division (A) of section 4511.19 of the Revised Code that, under	1796
division (G) of that section, is a felony of the fourth degree.	1797

(JJ) "Mandatory term of local incarceration" means the term	1798
of sixty or one hundred twenty days in a jail, a community-based	1799
correctional facility, a halfway house, or an alternative	1800
residential facility that a sentencing court may impose upon a	1801
person who is convicted of or pleads guilty to a fourth degree	1802
felony OVI offense pursuant to division (G)(1) of section 2929.13	1803
of the Revised Code and division (G)(1)(d) or (e) of section	1804
4511.19 of the Revised Code.	1805

(KK) "Designated homicide, assault, or kidnapping offense,"	1806
"violent sex offense," "sexual motivation specification,"	1807
"sexually violent offense," "sexually violent predator," and	1808
"sexually violent predator specification" have the same meanings	1809
as in section 2971.01 of the Revised Code.	1810

(LL) "Habitual sex offender," "sexually oriented offense,"	1811
"sexual predator," "registration-exempt sexually oriented	1812
offense," "child-victim oriented offense," "habitual child-victim	1813
offender," and "child-victim predator" have the same meanings as	1814
in section 2950.01 of the Revised Code.	1815

(MM) An offense is "committed in the vicinity of a child" if	1816
the offender commits the offense within thirty feet of or within	1817
the same residential unit as a child who is under eighteen years	1818
of age, regardless of whether the offender knows the age of the	1819
child or whether the offender knows the offense is being committed	1820
within thirty feet of or within the same residential unit as the	1821
child and regardless of whether the child actually views the	1822
commission of the offense.	1823

(NN) "Family or household member" has the same meaning as in	1824
section 2919.25 of the Revised Code.	1825

(OO) "Motor vehicle" and "manufactured home" have the same	1826
meanings as in section 4501.01 of the Revised Code.	1827

(PP) "Detention" and "detention facility" have the same	1828
meanings as in section 2921.01 of the Revised Code.	1829

(QQ) "Third degree felony OVI offense" means a violation of	1830
division (A) of section 4511.19 of the Revised Code that, under	1831
division (G) of that section, is a felony of the third degree.	1832

(RR) "Random drug testing" has the same meaning as in section	1833
5120.63 of the Revised Code.	1834

(SS) "Felony sex offense" has the same meaning as in section	1835
2967.28 of the Revised Code.	1836

(TT) "Body armor" has the same meaning as in section	1837
2941.1411 of the Revised Code.	1838

(UU) "Electronic monitoring" means monitoring through the use	1839
of an electronic monitoring device.	1840

(VV) "Electronic monitoring device" means any of the	1841
following:	1842

(1) Any device that can be operated by electrical or battery	1843
power and that conforms with all of the following:	1844

(a) The device has a transmitter that can be attached to a	1845
person, that will transmit a specified signal to a receiver of the	1846
type described in division (VV)(1)(b) of this section if the	1847
transmitter is removed from the person, turned off, or altered in	1848
any manner without prior court approval in relation to electronic	1849
monitoring or without prior approval of the department of	1850
rehabilitation and correction in relation to the use of an	1851
electronic monitoring device for an inmate on transitional control	1852
or otherwise is tampered with, that can transmit continuously and	1853
periodically a signal to that receiver when the person is within a	1854
specified distance from the receiver, and that can transmit an	1855
appropriate signal to that receiver if the person to whom it is	1856
attached travels a specified distance from that receiver.	1857

(b) The device has a receiver that can receive continuously	1858
the signals transmitted by a transmitter of the type described in	1859
division (VV)(1)(a) of this section, can transmit continuously	1860
those signals by telephone to a central monitoring computer of the	1861
type described in division (VV)(1)(c) of this section, and can	1862
transmit continuously an appropriate signal to that central	1863
monitoring computer if the receiver is turned off or altered	1864
without prior court approval or otherwise tampered with.	1865

(c) The device has a central monitoring computer that can	1866
receive continuously the signals transmitted by telephone by a	1867
receiver of the type described in division (VV)(1)(b) of this	1868
section and can monitor continuously the person to whom an	1869
electronic monitoring device of the type described in division	1870
(VV)(1)(a) of this section is attached.	1871

(2) Any device that is not a device of the type described in	1872
division (VV)(1) of this section and that conforms with all of the	1873
following:	1874

(a) The device includes a transmitter and receiver that can	1875
monitor and determine the location of a subject person at any	1876
time, or at a designated point in time, through the use of a	1877
central monitoring computer or through other electronic means.	1878

(b) The device includes a transmitter and receiver that can	1879
determine at any time, or at a designated point in time, through	1880
the use of a central monitoring computer or other electronic means	1881
the fact that the transmitter is turned off or altered in any	1882
manner without prior approval of the court in relation to the	1883
electronic monitoring or without prior approval of the department	1884
of rehabilitation and correction in relation to the use of an	1885
electronic monitoring device for an inmate on transitional control	1886
or otherwise is tampered with.	1887

(3) Any type of technology that can adequately track or	1888
determine the location of a subject person at any time and that is	1889
approved by the director of rehabilitation and correction,	1890
including, but not limited to, any satellite technology, voice	1891
tracking system, or retinal scanning system that is so approved.	1892

(WW) "Non-economic loss" means nonpecuniary harm suffered by	1893
a victim of an offense as a result of or related to the commission	1894
of the offense, including, but not limited to, pain and suffering;	1895
loss of society, consortium, companionship, care, assistance,	1896
attention, protection, advice, guidance, counsel, instruction,	1897
training, or education; mental anguish; and any other intangible	1898
loss.	1899

(XX) "Prosecutor" has the same meaning as in section 2935.01	1900
of the Revised Code.	1901

(YY) "Continuous alcohol monitoring" means the ability to	1902
automatically test and periodically transmit alcohol consumption	1903
levels and tamper attempts at least every hour, regardless of the	1904
location of the person who is being monitored.	1905

(ZZ) A person is "adjudicated a sexually violent predator" if	1906
the person is convicted of or pleads guilty to a violent sex	1907
offense and also is convicted of or pleads guilty to a sexually	1908
violent predator specification that was included in the	1909
indictment, count in the indictment, or information charging that	1910
violent sex offense or if the person is convicted of or pleads	1911
guilty to a designated homicide, assault, or kidnapping offense	1912
and also is convicted of or pleads guilty to both a sexual	1913
motivation specification and a sexually violent predator	1914
specification that were included in the indictment, count in the	1915
indictment, or information charging that designated homicide,	1916
assault, or kidnapping offense.	1917

Section 2. That existing sections 2925.01, 2925.03, 2925.05,	1918
2925.11, and 2929.01 of the Revised Code are hereby repealed.	1919

Section 3. That the version of section 2925.03 of the Revised	1920
Code that is scheduled to take effect on July 1, 2007, be amended	1921
to read as follows:	1922

Sec. 2925.03.  (A) No person shall knowingly do any of the	1923
following:	1924

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

1925

(2) Prepare for shipment, ship, transport, deliver, prepare	1926
for distribution, or distribute a controlled substance, when the	1927
offender knows or has reasonable cause to believe that the	1928
controlled substance is intended for sale or resale by the	1929
offender or another person.	1930

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

1931

(1) Manufacturers, licensed health professionals authorized	1932
to prescribe drugs, pharmacists, owners of pharmacies, and other	1933
persons whose conduct is in accordance with Chapters 3719., 4715.,	1934
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1935

(2) If the offense involves an anabolic steroid, any person	1936
who is conducting or participating in a research project involving	1937
the use of an anabolic steroid if the project has been approved by	1938
the United States food and drug administration;	1939

(3) Any person who sells, offers for sale, prescribes,	1940
dispenses, or administers for livestock or other nonhuman species	1941
an anabolic steroid that is expressly intended for administration	1942
through implants to livestock or other nonhuman species and	1943
approved for that purpose under the "Federal Food, Drug, and	1944
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1945
and is sold, offered for sale, prescribed, dispensed, or	1946
administered for that purpose in accordance with that act.	1947

(C) Whoever violates division (A) of this section is guilty	1948
of one of the following:	1949

(1) If the drug involved in the violation is any compound,	1950
mixture, preparation, or substance included in schedule I or	1951
schedule II, with the exception of marihuana, cocaine, L.S.D.,	1952
heroin, and hashish, whoever violates division (A) of this section	1953
is guilty of aggravated trafficking in drugs. The penalty for the	1954
offense shall be determined as follows:	1955

(a) Except as otherwise provided in division (C)(1)(b), (c),	1956
(d), (e), or (f) of this section, aggravated trafficking in drugs	1957
is a felony of the fourth degree, and division (C) of section	1958
2929.13 of the Revised Code applies in determining whether to	1959
impose a prison term on the offender.	1960

(b) Except as otherwise provided in division (C)(1)(c), (d),	1961
(e), or (f) of this section, if the offense was committed in the	1962
vicinity of a school or in the vicinity of a juvenile, aggravated	1963
trafficking in drugs is a felony of the third degree, and division	1964
(C) of section 2929.13 of the Revised Code applies in determining	1965
whether to impose a prison term on the offender.	1966

(c) Except as otherwise provided in this division, if the	1967
amount of the drug involved equals or exceeds the bulk amount but	1968
is less than five times the bulk amount, aggravated trafficking in	1969
drugs is a felony of the third degree, and the court shall impose	1970
as a mandatory prison term one of the prison terms prescribed for	1971
a felony of the third degree. If the amount of the drug involved	1972
is within that range and if the offense was committed in the	1973
vicinity of a school or in the vicinity of a juvenile, aggravated	1974
trafficking in drugs is a felony of the second degree, and the	1975
court shall impose as a mandatory prison term one of the prison	1976
terms prescribed for a felony of the second degree.	1977

(d) Except as otherwise provided in this division, if the	1978
amount of the drug involved equals or exceeds five times the bulk	1979
amount but is less than fifty times the bulk amount, aggravated	1980
trafficking in drugs is a felony of the second degree, and the	1981
court shall impose as a mandatory prison term one of the prison	1982
terms prescribed for a felony of the second degree. If the amount	1983
of the drug involved is within that range and if the offense was	1984
committed in the vicinity of a school or in the vicinity of a	1985
juvenile, aggravated trafficking in drugs is a felony of the first	1986
degree, and the court shall impose as a mandatory prison term one	1987
of the prison terms prescribed for a felony of the first degree.	1988

(e) If the amount of the drug involved equals or exceeds	1989
fifty times the bulk amount but is less than one hundred times the	1990
bulk amount and regardless of whether the offense was committed in	1991
the vicinity of a school or in the vicinity of a juvenile,	1992
aggravated trafficking in drugs is a felony of the first degree,	1993
and the court shall impose as a mandatory prison term one of the	1994
prison terms prescribed for a felony of the first degree.	1995

(f) If the amount of the drug involved equals or exceeds one	1996
hundred times the bulk amount and regardless of whether the	1997
offense was committed in the vicinity of a school or in the	1998
vicinity of a juvenile, aggravated trafficking in drugs is a	1999
felony of the first degree, the offender is a major drug offender,	2000
and the court shall impose as a mandatory prison term the maximum	2001
prison term prescribed for a felony of the first degree and may	2002
impose an additional prison term prescribed for a major drug	2003
offender under division (D)(3)(b) of section 2929.14 of the	2004
Revised Code.	2005

(2) If the drug involved in the violation is any compound,	2006
mixture, preparation, or substance included in schedule III, IV,	2007
or V, whoever violates division (A) of this section is guilty of	2008
trafficking in drugs. The penalty for the offense shall be	2009
determined as follows:	2010

(a) Except as otherwise provided in division (C)(2)(b), (c),	2011
(d), or (e) of this section, trafficking in drugs is a felony of	2012
the fifth degree, and division (C) of section 2929.13 of the	2013
Revised Code applies in determining whether to impose a prison	2014
term on the offender.	2015

(b) Except as otherwise provided in division (C)(2)(c), (d),	2016
or (e) of this section, if the offense was committed in the	2017
vicinity of a school or in the vicinity of a juvenile, trafficking	2018
in drugs is a felony of the fourth degree, and division (C) of	2019
section 2929.13 of the Revised Code applies in determining whether	2020
to impose a prison term on the offender.	2021

(c) Except as otherwise provided in this division, if the	2022
amount of the drug involved equals or exceeds the bulk amount but	2023
is less than five times the bulk amount, trafficking in drugs is a	2024
felony of the fourth degree, and there is a presumption for a	2025
prison term for the offense. If the amount of the drug involved is	2026
within that range and if the offense was committed in the vicinity	2027
of a school or in the vicinity of a juvenile, trafficking in drugs	2028
is a felony of the third degree, and there is a presumption for a	2029
prison term for the offense.	2030

(d) Except as otherwise provided in this division, if the	2031
amount of the drug involved equals or exceeds five times the bulk	2032
amount but is less than fifty times the bulk amount, trafficking	2033
in drugs is a felony of the third degree, and there is a	2034
presumption for a prison term for the offense. If the amount of	2035
the drug involved is within that range and if the offense was	2036
committed in the vicinity of a school or in the vicinity of a	2037
juvenile, trafficking in drugs is a felony of the second degree,	2038
and there is a presumption for a prison term for the offense.	2039

(e) Except as otherwise provided in this division, if the	2040
amount of the drug involved equals or exceeds fifty times the bulk	2041
amount, trafficking in drugs is a felony of the second degree, and	2042
the court shall impose as a mandatory prison term one of the	2043
prison terms prescribed for a felony of the second degree. If the	2044
amount of the drug involved equals or exceeds fifty times the bulk	2045
amount and if the offense was committed in the vicinity of a	2046
school or in the vicinity of a juvenile, trafficking in drugs is a	2047
felony of the first degree, and the court shall impose as a	2048
mandatory prison term one of the prison terms prescribed for a	2049
felony of the first degree.	2050

(3) If the drug involved in the violation is marihuana or a	2051
compound, mixture, preparation, or substance containing marihuana	2052
other than hashish, whoever violates division (A) of this section	2053
is guilty of trafficking in marihuana. The penalty for the offense	2054
shall be determined as follows:	2055

(a) Except as otherwise provided in division (C)(3)(b), (c),	2056
(d), (e), (f), or (g) of this section, trafficking in marihuana is	2057
a felony of the fifth degree, and division (C) of section 2929.13	2058
of the Revised Code applies in determining whether to impose a	2059
prison term on the offender.	2060

(b) Except as otherwise provided in division (C)(3)(c), (d),	2061
(e), (f), or (g) of this section, if the offense was committed in	2062
the vicinity of a school or in the vicinity of a juvenile,	2063
trafficking in marihuana is a felony of the fourth degree, and	2064
division (C) of section 2929.13 of the Revised Code applies in	2065
determining whether to impose a prison term on the offender.	2066

(c) Except as otherwise provided in this division, if the	2067
amount of the drug involved equals or exceeds two hundred grams	2068
but is less than one thousand grams, trafficking in marihuana is a	2069
felony of the fourth degree, and division (C) of section 2929.13	2070
of the Revised Code applies in determining whether to impose a	2071
prison term on the offender. If the amount of the drug involved is	2072
within that range and if the offense was committed in the vicinity	2073
of a school or in the vicinity of a juvenile, trafficking in	2074
marihuana is a felony of the third degree, and division (C) of	2075
section 2929.13 of the Revised Code applies in determining whether	2076
to impose a prison term on the offender.	2077

(d) Except as otherwise provided in this division, if the	2078
amount of the drug involved equals or exceeds one thousand grams	2079
but is less than five thousand grams, trafficking in marihuana is	2080
a felony of the third degree, and division (C) of section 2929.13	2081
of the Revised Code applies in determining whether to impose a	2082
prison term on the offender. If the amount of the drug involved is	2083
within that range and if the offense was committed in the vicinity	2084
of a school or in the vicinity of a juvenile, trafficking in	2085
marihuana is a felony of the second degree, and there is a	2086
presumption that a prison term shall be imposed for the offense.	2087

(e) Except as otherwise provided in this division, if the	2088
amount of the drug involved equals or exceeds five thousand grams	2089
but is less than twenty thousand grams, trafficking in marihuana	2090
is a felony of the third degree, and there is a presumption that a	2091
prison term shall be imposed for the offense. If the amount of the	2092
drug involved is within that range and if the offense was	2093
committed in the vicinity of a school or in the vicinity of a	2094
juvenile, trafficking in marihuana is a felony of the second	2095
degree, and there is a presumption that a prison term shall be	2096
imposed for the offense.	2097

(f) Except as otherwise provided in this division, if the	2098
amount of the drug involved equals or exceeds twenty thousand	2099
grams, trafficking in marihuana is a felony of the second degree,	2100
and the court shall impose as a mandatory prison term the maximum	2101
prison term prescribed for a felony of the second degree. If the	2102
amount of the drug involved equals or exceeds twenty thousand	2103
grams and if the offense was committed in the vicinity of a school	2104
or in the vicinity of a juvenile, trafficking in marihuana is a	2105
felony of the first degree, and the court shall impose as a	2106
mandatory prison term the maximum prison term prescribed for a	2107
felony of the first degree.	2108

(g) Except as otherwise provided in this division, if the	2109
offense involves a gift of twenty grams or less of marihuana,	2110
trafficking in marihuana is a minor misdemeanor upon a first	2111
offense and a misdemeanor of the third degree upon a subsequent	2112
offense. If the offense involves a gift of twenty grams or less of	2113
marihuana and if the offense was committed in the vicinity of a	2114
school or in the vicinity of a juvenile, trafficking in marihuana	2115
is a misdemeanor of the third degree.	2116

(4) If the drug involved in the violation is cocaine or a	2117
compound, mixture, preparation, or substance containing cocaine,	2118
whoever violates division (A) of this section is guilty of	2119
trafficking in cocaine. The penalty for the offense shall be	2120
determined as follows:	2121

(a) Except as otherwise provided in division (C)(4)(b), (c),	2122
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	2123
felony of the fifth degree, and division (C) of section 2929.13 of	2124
the Revised Code applies in determining whether to impose a prison	2125
term on the offender.	2126

(b) Except as otherwise provided in division (C)(4)(c), (d),	2127
(e), (f), or (g) of this section, if the offense was committed in	2128
the vicinity of a school or in the vicinity of a juvenile,	2129
trafficking in cocaine is a felony of the fourth degree, and	2130
division (C) of section 2929.13 of the Revised Code applies in	2131
determining whether to impose a prison term on the offender.	2132

(c) Except as otherwise provided in this division, if the	2133
amount of the drug involved equals or exceeds five grams but is	2134
less than ten grams of cocaine that is not crack cocaine or equals	2135
or exceeds one gram but is less than five grams of crack cocaine,	2136
trafficking in cocaine is a felony of the fourth degree, and there	2137
is a presumption for a prison term for the offense. If the amount	2138
of the drug involved is within one of those rangesthat range and	2139
if the offense was committed in the vicinity of a school or in the	2140
vicinity of a juvenile, trafficking in cocaine is a felony of the	2141
third degree, and there is a presumption for a prison term for the	2142
offense.	2143

(d) Except as otherwise provided in this division, if the	2144
amount of the drug involved equals or exceeds ten grams but is	2145
less than one hundred grams of cocaine that is not crack cocaine	2146
or equals or exceeds five grams but is less than ten grams of	2147
crack cocaine, trafficking in cocaine is a felony of the third	2148
degree, and the court shall impose as a mandatory prison term one	2149
of the prison terms prescribed for a felony of the third degree.	2150
If the amount of the drug involved is within one of those ranges	2151
that range and if the offense was committed in the vicinity of a	2152
school or in the vicinity of a juvenile, trafficking in cocaine is	2153
a felony of the second degree, and the court shall impose as a	2154
mandatory prison term one of the prison terms prescribed for a	2155
felony of the second degree.	2156

(e) Except as otherwise provided in this division, if the	2157
amount of the drug involved equals or exceeds one hundred grams	2158
but is less than five hundred grams of cocaine that is not crack	2159
cocaine or equals or exceeds ten grams but is less than	2160
twenty-five grams of crack cocaine, trafficking in cocaine is a	2161
felony of the second degree, and the court shall impose as a	2162
mandatory prison term one of the prison terms prescribed for a	2163
felony of the second degree. If the amount of the drug involved is	2164
within one of those rangesthat range and if the offense was	2165
committed in the vicinity of a school or in the vicinity of a	2166
juvenile, trafficking in cocaine is a felony of the first degree,	2167
and the court shall impose as a mandatory prison term one of the	2168
prison terms prescribed for a felony of the first degree.	2169

(f) If the amount of the drug involved equals or exceeds five	2170
hundred grams but is less than one thousand grams of cocaine that	2171
is not crack cocaine or equals or exceeds twenty-five grams but is	2172
less than one hundred grams of crack cocaine and regardless of	2173
whether the offense was committed in the vicinity of a school or	2174
in the vicinity of a juvenile, trafficking in cocaine is a felony	2175
of the first degree, and the court shall impose as a mandatory	2176
prison term one of the prison terms prescribed for a felony of the	2177
first degree.	2178

(g) If the amount of the drug involved equals or exceeds one	2179
thousand grams of cocaine that is not crack cocaine or equals or	2180
exceeds one hundred grams of crack cocaine and regardless of	2181
whether the offense was committed in the vicinity of a school or	2182
in the vicinity of a juvenile, trafficking in cocaine is a felony	2183
of the first degree, the offender is a major drug offender, and	2184
the court shall impose as a mandatory prison term the maximum	2185
prison term prescribed for a felony of the first degree and may	2186
impose an additional mandatory prison term prescribed for a major	2187
drug offender under division (D)(3)(b) of section 2929.14 of the	2188
Revised Code.	2189

(5) If the drug involved in the violation is L.S.D. or a	2190
compound, mixture, preparation, or substance containing L.S.D.,	2191
whoever violates division (A) of this section is guilty of	2192
trafficking in L.S.D. The penalty for the offense shall be	2193
determined as follows:	2194

(a) Except as otherwise provided in division (C)(5)(b), (c),	2195
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	2196
felony of the fifth degree, and division (C) of section 2929.13 of	2197
the Revised Code applies in determining whether to impose a prison	2198
term on the offender.	2199

(b) Except as otherwise provided in division (C)(5)(c), (d),	2200
(e), (f), or (g) of this section, if the offense was committed in	2201
the vicinity of a school or in the vicinity of a juvenile,	2202
trafficking in L.S.D. is a felony of the fourth degree, and	2203
division (C) of section 2929.13 of the Revised Code applies in	2204
determining whether to impose a prison term on the offender.	2205

(c) Except as otherwise provided in this division, if the	2206
amount of the drug involved equals or exceeds ten unit doses but	2207
is less than fifty unit doses of L.S.D. in a solid form or equals	2208
or exceeds one gram but is less than five grams of L.S.D. in a	2209
liquid concentrate, liquid extract, or liquid distillate form,	2210
trafficking in L.S.D. is a felony of the fourth degree, and there	2211
is a presumption for a prison term for the offense. If the amount	2212
of the drug involved is within that range and if the offense was	2213
committed in the vicinity of a school or in the vicinity of a	2214
juvenile, trafficking in L.S.D. is a felony of the third degree,	2215
and there is a presumption for a prison term for the offense.	2216

(d) Except as otherwise provided in this division, if the	2217
amount of the drug involved equals or exceeds fifty unit doses but	2218
is less than two hundred fifty unit doses of L.S.D. in a solid	2219
form or equals or exceeds five grams but is less than twenty-five	2220
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	2221
distillate form, trafficking in L.S.D. is a felony of the third	2222
degree, and the court shall impose as a mandatory prison term one	2223
of the prison terms prescribed for a felony of the third degree.	2224
If the amount of the drug involved is within that range and if the	2225
offense was committed in the vicinity of a school or in the	2226
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	2227
second degree, and the court shall impose as a mandatory prison	2228
term one of the prison terms prescribed for a felony of the second	2229
degree.	2230

(e) Except as otherwise provided in this division, if the	2231
amount of the drug involved equals or exceeds two hundred fifty	2232
unit doses but is less than one thousand unit doses of L.S.D. in a	2233
solid form or equals or exceeds twenty-five grams but is less than	2234
one hundred grams of L.S.D. in a liquid concentrate, liquid	2235
extract, or liquid distillate form, trafficking in L.S.D. is a	2236
felony of the second degree, and the court shall impose as a	2237
mandatory prison term one of the prison terms prescribed for a	2238
felony of the second degree. If the amount of the drug involved is	2239
within that range and if the offense was committed in the vicinity	2240
of a school or in the vicinity of a juvenile, trafficking in	2241
L.S.D. is a felony of the first degree, and the court shall impose	2242
as a mandatory prison term one of the prison terms prescribed for	2243
a felony of the first degree.	2244

(f) If the amount of the drug involved equals or exceeds one	2245
thousand unit doses but is less than five thousand unit doses of	2246
L.S.D. in a solid form or equals or exceeds one hundred grams but	2247
is less than five hundred grams of L.S.D. in a liquid concentrate,	2248
liquid extract, or liquid distillate form and regardless of	2249
whether the offense was committed in the vicinity of a school or	2250
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	2251
of the first degree, and the court shall impose as a mandatory	2252
prison term one of the prison terms prescribed for a felony of the	2253
first degree.	2254

(g) If the amount of the drug involved equals or exceeds five	2255
thousand unit doses of L.S.D. in a solid form or equals or exceeds	2256
five hundred grams of L.S.D. in a liquid concentrate, liquid	2257
extract, or liquid distillate form and regardless of whether the	2258
offense was committed in the vicinity of a school or in the	2259
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	2260
first degree, the offender is a major drug offender, and the court	2261
shall impose as a mandatory prison term the maximum prison term	2262
prescribed for a felony of the first degree and may impose an	2263
additional mandatory prison term prescribed for a major drug	2264
offender under division (D)(3)(b) of section 2929.14 of the	2265
Revised Code.	2266

(6) If the drug involved in the violation is heroin or a	2267
compound, mixture, preparation, or substance containing heroin,	2268
whoever violates division (A) of this section is guilty of	2269
trafficking in heroin. The penalty for the offense shall be	2270
determined as follows:	2271

(a) Except as otherwise provided in division (C)(6)(b), (c),	2272
(d), (e), (f), or (g) of this section, trafficking in heroin is a	2273
felony of the fifth degree, and division (C) of section 2929.13 of	2274
the Revised Code applies in determining whether to impose a prison	2275
term on the offender.	2276

(b) Except as otherwise provided in division (C)(6)(c), (d),	2277
(e), (f), or (g) of this section, if the offense was committed in	2278
the vicinity of a school or in the vicinity of a juvenile,	2279
trafficking in heroin is a felony of the fourth degree, and	2280
division (C) of section 2929.13 of the Revised Code applies in	2281
determining whether to impose a prison term on the offender.	2282

(c) Except as otherwise provided in this division, if the	2283
amount of the drug involved equals or exceeds ten unit doses but	2284
is less than fifty unit doses or equals or exceeds one gram but is	2285
less than five grams, trafficking in heroin is a felony of the	2286
fourth degree, and there is a presumption for a prison term for	2287
the offense. If the amount of the drug involved is within that	2288
range and if the offense was committed in the vicinity of a school	2289
or in the vicinity of a juvenile, trafficking in heroin is a	2290
felony of the third degree, and there is a presumption for a	2291
prison term for the offense.	2292

(d) Except as otherwise provided in this division, if the	2293
amount of the drug involved equals or exceeds fifty unit doses but	2294
is less than one hundred unit doses or equals or exceeds five	2295
grams but is less than ten grams, trafficking in heroin is a	2296
felony of the third degree, and there is a presumption for a	2297
prison term for the offense. If the amount of the drug involved	2298
is within that range and if the offense was committed in the	2299
vicinity of a school or in the vicinity of a juvenile, trafficking	2300
in heroin is a felony of the second degree, and there is a	2301
presumption for a prison term for the offense.	2302

(e) Except as otherwise provided in this division, if the	2303
amount of the drug involved equals or exceeds one hundred unit	2304
doses but is less than five hundred unit doses or equals or	2305
exceeds ten grams but is less than fifty grams, trafficking in	2306
heroin is a felony of the second degree, and the court shall	2307
impose as a mandatory prison term one of the prison terms	2308
prescribed for a felony of the second degree. If the amount of the	2309
drug involved is within that range and if the offense was	2310
committed in the vicinity of a school or in the vicinity of a	2311
juvenile, trafficking in heroin is a felony of the first degree,	2312
and the court shall impose as a mandatory prison term one of the	2313
prison terms prescribed for a felony of the first degree.	2314

(f) If the amount of the drug involved equals or exceeds five	2315
hundred unit doses but is less than two thousand five hundred unit	2316
doses or equals or exceeds fifty grams but is less than two	2317
hundred fifty grams and regardless of whether the offense was	2318
committed in the vicinity of a school or in the vicinity of a	2319
juvenile, trafficking in heroin is a felony of the first degree,	2320
and the court shall impose as a mandatory prison term one of the	2321
prison terms prescribed for a felony of the first degree.	2322

(g) If the amount of the drug involved equals or exceeds two	2323
thousand five hundred unit doses or equals or exceeds two hundred	2324
fifty grams and regardless of whether the offense was committed in	2325
the vicinity of a school or in the vicinity of a juvenile,	2326
trafficking in heroin is a felony of the first degree, the	2327
offender is a major drug offender, and the court shall impose as a	2328
mandatory prison term the maximum prison term prescribed for a	2329
felony of the first degree and may impose an additional mandatory	2330
prison term prescribed for a major drug offender under division	2331
(D)(3)(b) of section 2929.14 of the Revised Code.	2332

(7) If the drug involved in the violation is hashish or a	2333
compound, mixture, preparation, or substance containing hashish,	2334
whoever violates division (A) of this section is guilty of	2335
trafficking in hashish. The penalty for the offense shall be	2336
determined as follows:	2337

(a) Except as otherwise provided in division (C)(7)(b), (c),	2338
(d), (e), or (f) of this section, trafficking in hashish is a	2339
felony of the fifth degree, and division (C) of section 2929.13 of	2340
the Revised Code applies in determining whether to impose a prison	2341
term on the offender.	2342

(b) Except as otherwise provided in division (C)(7)(c), (d),	2343
(e), or (f) of this section, if the offense was committed in the	2344
vicinity of a school or in the vicinity of a juvenile, trafficking	2345
in hashish is a felony of the fourth degree, and division (C) of	2346
section 2929.13 of the Revised Code applies in determining whether	2347
to impose a prison term on the offender.	2348

(c) Except as otherwise provided in this division, if the	2349
amount of the drug involved equals or exceeds ten grams but is	2350
less than fifty grams of hashish in a solid form or equals or	2351
exceeds two grams but is less than ten grams of hashish in a	2352
liquid concentrate, liquid extract, or liquid distillate form,	2353
trafficking in hashish is a felony of the fourth degree, and	2354
division (C) of section 2929.13 of the Revised Code applies in	2355
determining whether to impose a prison term on the offender. If	2356
the amount of the drug involved is within that range and if the	2357
offense was committed in the vicinity of a school or in the	2358
vicinity of a juvenile, trafficking in hashish is a felony of the	2359
third degree, and division (C) of section 2929.13 of the Revised	2360
Code applies in determining whether to impose a prison term on the	2361
offender.	2362

(d) Except as otherwise provided in this division, if the	2363
amount of the drug involved equals or exceeds fifty grams but is	2364
less than two hundred fifty grams of hashish in a solid form or	2365
equals or exceeds ten grams but is less than fifty grams of	2366
hashish in a liquid concentrate, liquid extract, or liquid	2367
distillate form, trafficking in hashish is a felony of the third	2368
degree, and division (C) of section 2929.13 of the Revised Code	2369
applies in determining whether to impose a prison term on the	2370
offender. If the amount of the drug involved is within that range	2371
and if the offense was committed in the vicinity of a school or in	2372
the vicinity of a juvenile, trafficking in hashish is a felony of	2373
the second degree, and there is a presumption that a prison term	2374
shall be imposed for the offense.	2375

(e) Except as otherwise provided in this division, if the	2376
amount of the drug involved equals or exceeds two hundred fifty	2377
grams but is less than one thousand grams of hashish in a solid	2378
form or equals or exceeds fifty grams but is less than two hundred	2379
grams of hashish in a liquid concentrate, liquid extract, or	2380
liquid distillate form, trafficking in hashish is a felony of the	2381
third degree, and there is a presumption that a prison term shall	2382
be imposed for the offense. If the amount of the drug involved is	2383
within that range and if the offense was committed in the vicinity	2384
of a school or in the vicinity of a juvenile, trafficking in	2385
hashish is a felony of the second degree, and there is a	2386
presumption that a prison term shall be imposed for the offense.	2387

(f) Except as otherwise provided in this division, if the	2388
amount of the drug involved equals or exceeds one thousand grams	2389
of hashish in a solid form or equals or exceeds two hundred grams	2390
of hashish in a liquid concentrate, liquid extract, or liquid	2391
distillate form, trafficking in hashish is a felony of the second	2392
degree, and the court shall impose as a mandatory prison term the	2393
maximum prison term prescribed for a felony of the second degree.	2394
If the amount of the drug involved is within that range and if the	2395
offense was committed in the vicinity of a school or in the	2396
vicinity of a juvenile, trafficking in hashish is a felony of the	2397
first degree, and the court shall impose as a mandatory prison	2398
term the maximum prison term prescribed for a felony of the first	2399
degree.	2400

(D) In addition to any prison term authorized or required by	2401
division (C) of this section and sections 2929.13 and 2929.14 of	2402
the Revised Code, and in addition to any other sanction imposed	2403
for the offense under this section or sections 2929.11 to 2929.18	2404
of the Revised Code, the court that sentences an offender who is	2405
convicted of or pleads guilty to a violation of division (A) of	2406
this section shall do all of the following that are applicable	2407
regarding the offender:	2408

(1) If the violation of division (A) of this section is a	2409
felony of the first, second, or third degree, the court shall	2410
impose upon the offender the mandatory fine specified for the	2411
offense under division (B)(1) of section 2929.18 of the Revised	2412
Code unless, as specified in that division, the court determines	2413
that the offender is indigent. Except as otherwise provided in	2414
division (H)(1) of this section, a mandatory fine or any other	2415
fine imposed for a violation of this section is subject to	2416
division (F) of this section. If a person is charged with a	2417
violation of this section that is a felony of the first, second,	2418
or third degree, posts bail, and forfeits the bail, the clerk of	2419
the court shall pay the forfeited bail pursuant to divisions	2420
(D)(1) and (F) of this section, as if the forfeited bail was a	2421
fine imposed for a violation of this section. If any amount of the	2422
forfeited bail remains after that payment and if a fine is imposed	2423
under division (H)(1) of this section, the clerk of the court	2424
shall pay the remaining amount of the forfeited bail pursuant to	2425
divisions (H)(2) and (3) of this section, as if that remaining	2426
amount was a fine imposed under division (H)(1) of this section.	2427

(2) The court shall suspend the driver's or commercial	2428
driver's license or permit of the offender in accordance with	2429
division (G) of this section.	2430

(3) If the offender is a professionally licensed person, the	2431
court immediately shall comply with section 2925.38 of the Revised	2432
Code.	2433

(E) When a person is charged with the sale of or offer to	2434
sell a bulk amount or a multiple of a bulk amount of a controlled	2435
substance, the jury, or the court trying the accused, shall	2436
determine the amount of the controlled substance involved at the	2437
time of the offense and, if a guilty verdict is returned, shall	2438
return the findings as part of the verdict. In any such case, it	2439
is unnecessary to find and return the exact amount of the	2440
controlled substance involved, and it is sufficient if the finding	2441
and return is to the effect that the amount of the controlled	2442
substance involved is the requisite amount, or that the amount of	2443
the controlled substance involved is less than the requisite	2444
amount.	2445

(F)(1) Notwithstanding any contrary provision of section	2446
3719.21 of the Revised Code and except as provided in division (H)	2447
of this section, the clerk of the court shall pay any mandatory	2448
fine imposed pursuant to division (D)(1) of this section and any	2449
fine other than a mandatory fine that is imposed for a violation	2450
of this section pursuant to division (A) or (B)(5) of section	2451
2929.18 of the Revised Code to the county, township, municipal	2452
corporation, park district, as created pursuant to section 511.18	2453
or 1545.04 of the Revised Code, or state law enforcement agencies	2454
in this state that primarily were responsible for or involved in	2455
making the arrest of, and in prosecuting, the offender. However,	2456
the clerk shall not pay a mandatory fine so imposed to a law	2457
enforcement agency unless the agency has adopted a written	2458
internal control policy under division (F)(2) of this section that	2459
addresses the use of the fine moneys that it receives. Each agency	2460
shall use the mandatory fines so paid to subsidize the agency's	2461
law enforcement efforts that pertain to drug offenses, in	2462
accordance with the written internal control policy adopted by the	2463
recipient agency under division (F)(2) of this section.	2464

(2)(a) Prior to receiving any fine moneys under division	2465
(F)(1) of this section or division (B) of section 2925.42 of the	2466
Revised Code, a law enforcement agency shall adopt a written	2467
internal control policy that addresses the agency's use and	2468
disposition of all fine moneys so received and that provides for	2469
the keeping of detailed financial records of the receipts of those	2470
fine moneys, the general types of expenditures made out of those	2471
fine moneys, and the specific amount of each general type of	2472
expenditure. The policy shall not provide for or permit the	2473
identification of any specific expenditure that is made in an	2474
ongoing investigation. All financial records of the receipts of	2475
those fine moneys, the general types of expenditures made out of	2476
those fine moneys, and the specific amount of each general type of	2477
expenditure by an agency are public records open for inspection	2478
under section 149.43 of the Revised Code. Additionally, a written	2479
internal control policy adopted under this division is such a	2480
public record, and the agency that adopted it shall comply with	2481
it.	2482

(b) Each law enforcement agency that receives in any calendar	2483
year any fine moneys under division (F)(1) of this section or	2484
division (B) of section 2925.42 of the Revised Code shall prepare	2485
a report covering the calendar year that cumulates all of the	2486
information contained in all of the public financial records kept	2487
by the agency pursuant to division (F)(2)(a) of this section for	2488
that calendar year, and shall send a copy of the cumulative	2489
report, no later than the first day of March in the calendar year	2490
following the calendar year covered by the report, to the attorney	2491
general. Each report received by the attorney general is a public	2492
record open for inspection under section 149.43 of the Revised	2493
Code. Not later than the fifteenth day of April in the calendar	2494
year in which the reports are received, the attorney general shall	2495
send to the president of the senate and the speaker of the house	2496
of representatives a written notification that does all of the	2497
following:	2498

(i) Indicates that the attorney general has received from law	2499
enforcement agencies reports of the type described in this	2500
division that cover the previous calendar year and indicates that	2501
the reports were received under this division;	2502

(ii) Indicates that the reports are open for inspection under	2503
section 149.43 of the Revised Code;	2504

(iii) Indicates that the attorney general will provide a copy	2505
of any or all of the reports to the president of the senate or the	2506
speaker of the house of representatives upon request.	2507

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

2508

(a) "Law enforcement agencies" includes, but is not limited	2509
to, the state board of pharmacy and the office of a prosecutor.	2510

(b) "Prosecutor" has the same meaning as in section 2935.01	2511
of the Revised Code.	2512

(G) When required under division (D)(2) of this section or	2513
any other provision of this chapter, the court shall suspend for	2514
not less than six months or more than five years the driver's or	2515
commercial driver's license or permit of any person who is	2516
convicted of or pleads guilty to any violation of this section or	2517
any other specified provision of this chapter. If an offender's	2518
driver's or commercial driver's license or permit is suspended	2519
pursuant to this division, the offender, at any time after the	2520
expiration of two years from the day on which the offender's	2521
sentence was imposed or from the day on which the offender finally	2522
was released from a prison term under the sentence, whichever is	2523
later, may file a motion with the sentencing court requesting	2524
termination of the suspension; upon the filing of such a motion	2525
and the court's finding of good cause for the termination, the	2526
court may terminate the suspension.	2527

(H)(1) In addition to any prison term authorized or required	2528
by division (C) of this section and sections 2929.13 and 2929.14	2529
of the Revised Code, in addition to any other penalty or sanction	2530
imposed for the offense under this section or sections 2929.11 to	2531
2929.18 of the Revised Code, and in addition to the forfeiture of	2532
property in connection with the offense as prescribed in Chapter	2533
2981. of the Revised Code, the court that sentences an offender	2534
who is convicted of or pleads guilty to a violation of division	2535
(A) of this section may impose upon the offender an additional	2536
fine specified for the offense in division (B)(4) of section	2537
2929.18 of the Revised Code. A fine imposed under division (H)(1)	2538
of this section is not subject to division (F) of this section and	2539
shall be used solely for the support of one or more eligible	2540
alcohol and drug addiction programs in accordance with divisions	2541
(H)(2) and (3) of this section.	2542

(2) The court that imposes a fine under division (H)(1) of	2543
this section shall specify in the judgment that imposes the fine	2544
one or more eligible alcohol and drug addiction programs for the	2545
support of which the fine money is to be used. No alcohol and drug	2546
addiction program shall receive or use money paid or collected in	2547
satisfaction of a fine imposed under division (H)(1) of this	2548
section unless the program is specified in the judgment that	2549
imposes the fine. No alcohol and drug addiction program shall be	2550
specified in the judgment unless the program is an eligible	2551
alcohol and drug addiction program and, except as otherwise	2552
provided in division (H)(2) of this section, unless the program is	2553
located in the county in which the court that imposes the fine is	2554
located or in a county that is immediately contiguous to the	2555
county in which that court is located. If no eligible alcohol and	2556
drug addiction program is located in any of those counties, the	2557
judgment may specify an eligible alcohol and drug addiction	2558
program that is located anywhere within this state.	2559

(3) Notwithstanding any contrary provision of section 3719.21	2560
of the Revised Code, the clerk of the court shall pay any fine	2561
imposed under division (H)(1) of this section to the eligible	2562
alcohol and drug addiction program specified pursuant to division	2563
(H)(2) of this section in the judgment. The eligible alcohol and	2564
drug addiction program that receives the fine moneys shall use the	2565
moneys only for the alcohol and drug addiction services identified	2566
in the application for certification under section 3793.06 of the	2567
Revised Code or in the application for a license under section	2568
3793.11 of the Revised Code filed with the department of alcohol	2569
and drug addiction services by the alcohol and drug addiction	2570
program specified in the judgment.	2571

(4) Each alcohol and drug addiction program that receives in	2572
a calendar year any fine moneys under division (H)(3) of this	2573
section shall file an annual report covering that calendar year	2574
with the court of common pleas and the board of county	2575
commissioners of the county in which the program is located, with	2576
the court of common pleas and the board of county commissioners of	2577
each county from which the program received the moneys if that	2578
county is different from the county in which the program is	2579
located, and with the attorney general. The alcohol and drug	2580
addiction program shall file the report no later than the first	2581
day of March in the calendar year following the calendar year in	2582
which the program received the fine moneys. The report shall	2583
include statistics on the number of persons served by the alcohol	2584
and drug addiction program, identify the types of alcohol and drug	2585
addiction services provided to those persons, and include a	2586
specific accounting of the purposes for which the fine moneys	2587
received were used. No information contained in the report shall	2588
identify, or enable a person to determine the identity of, any	2589
person served by the alcohol and drug addiction program. Each	2590
report received by a court of common pleas, a board of county	2591
commissioners, or the attorney general is a public record open for	2592
inspection under section 149.43 of the Revised Code.	2593

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

2594

(a) "Alcohol and drug addiction program" and "alcohol and	2595
drug addiction services" have the same meanings as in section	2596
3793.01 of the Revised Code.	2597

(b) "Eligible alcohol and drug addiction program" means an	2598
alcohol and drug addiction program that is certified under section	2599
3793.06 of the Revised Code or licensed under section 3793.11 of	2600
the Revised Code by the department of alcohol and drug addiction	2601
services.	2602

Section 4. That existing section 2925.03 of the Revised Code	2603
that is scheduled to take effect on July 1, 2007, is hereby	2604
repealed.	2605

Section 5. Sections 3 and 4 of this act shall take effect on	2606
July 1, 2007.	2607

Section 6.  Section 2929.01 of the Revised Code is presented	2608
in Section 1 of this act as a composite of the section as amended	2609
by both Am. Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th	2610
General Assembly. The General Assembly, applying the principle	2611
stated in division (B) of section 1.52 of the Revised Code that	2612
amendments are to be harmonized if reasonably capable of	2613
simultaneous operation, finds that the composite is the resulting	2614
version of the section in effect prior to the effective date of	2615
the section as presented in Section 1 of this act.	2616