As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 334

Representatives Johnson, Bubp 

Cosponsors: Representatives Amstutz, Barnes, Buchy, Butler, Fende, Goodwin, Gonzales, Kozlowski, O'Brien, Peterson, Rosenberger, Stebelton, Uecker, Wachtmann, Yuko, Antonio, Duffey, Garland, Hackett, Adams, R., Anielski, Beck, Blair, Blessing, Boose, Boyd, Celebrezze, Combs, Conditt, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Fedor, Foley, Gardner, Gerberry, Goyal, Grossman, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Landis, Luckie, Lundy, Lynch, Maag, McClain, McGregor, Milkovich, Newbold, Patmon, Pelanda, Phillips, Roegner, Ruhl, Scherer, Schuring, Sears, Slaby, M., Smith, Sprague, Stautberg, Szollosi, Terhar, Thompson, Winburn, Young Speaker Batchelder 

Senators Cafaro, Tavares, Brown, Balderson, Beagle, Burke, Eklund, Faber, Hite, Hughes, Jones, Kearney, LaRose, Lehner, Manning, Obhof, Oelslager, Patton, Peterson, Sawyer, Schaffer, Turner, Wagoner, Widener 

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A BILL

To amend sections 2925.01, 2925.03, 2925.11, 2925.55,

1

2925.56, 2925.57, 2929.01, 3715.05, 3719.013, and

2

3719.41 and to enact sections 109.89, 3715.051,

3

3715.052, 3715.053, and 3715.054 of the Revised

4

Code to establish procedures regarding the

5

participation of pharmacies, retailers, and the

6

Attorney General in electronically tracking

7

pseudoephedrine and ephedrine product sales

8

through a national exchange; to specify that

9

certain classes of compounds and individual

10

compounds are schedule I controlled substances; to

11

create the offenses of trafficking in and

12

possession of controlled substance analogs; and to

13

declare an emergency.

14

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

Section 1. That sections 2925.01, 2925.03, 2925.11, 2925.55,	15
2925.56, 2925.57, 2929.01, 3715.05, 3719.013, and 3719.41 be	16
amended and sections 109.89, 3715.051, 3715.052, 3715.053, and	17
3715.054 of the Revised Code be enacted to read as follows:	18

Sec. 109.89. (A) As used in this section, "pseudoephedrine	19
product," "ephedrine product," "national precursor log exchange,"	20
and "exchange" have the same meanings as in section 3715.05 of the	21
Revised Code.	22

(B) The attorney general may enter into a contract or	23
memorandum of understanding with the national association of drug	24
diversion investigators or its successor organization and, if the	25
attorney general determines it to be appropriate, a person to whom	26
the authority to administer the national precursor log exchange	27
has been delegated. The contract or memorandum shall govern the	28
attorney general's access to and use of information from the	29
exchange and the responsibilities of each party to the contract or	30
memorandum relative to the access and use of the information.	31

(C) In furtherance of the purpose of the contract or	32
memorandum of understanding as described in division (B) of this	33
section, the contract or memorandum shall include terms that do	34
all of the following:	35

(1) Authorize the attorney general to obtain real-time access	36
to information from the national precursor log exchange;	37

(2) Authorize the attorney general to receive, on a weekly	38
basis, a report regarding sales of pseudoephedrine products and	39
ephedrine products in this state as monitored by the exchange, the	40
specific content of which shall be identified in the contract or	41
memorandum;	42

(3) Authorize the attorney general to disseminate any	43
information obtained pursuant to division (C)(1) or (2) of this	44
section to other state and local law enforcement officers as	45
determined to be appropriate by the attorney general;	46

(4) Specify that neither the attorney general nor any local	47
or state law enforcement officer is to be charged a fee for access	48
to or use of the national precursor log exchange or information	49
from the exchange authorized by this section or by the contract or	50
memorandum;	51

(5) Require all parties to the contract or memorandum to	52
comply with federal and state laws governing the confidentiality	53
of patient-specific information;	54

(6) Specify how the contract or memorandum may be amended or	55
revoked.	56

Sec. 2925.01.  As used in this chapter:

57

(A) "Administer," "controlled substance," "controlled	58
substance analog," "dispense," "distribute," "hypodermic,"	59
"manufacturer," "official written order," "person," "pharmacist,"	60
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"	61
"schedule IV," "schedule V," and "wholesaler" have the same	62
meanings as in section 3719.01 of the Revised Code.	63

(B) "Drug dependent person" and "drug of abuse" have the same	64
meanings as in section 3719.011 of the Revised Code.	65

(C) "Drug," "dangerous drug," "licensed health professional	66
authorized to prescribe drugs," and "prescription" have the same	67
meanings as in section 4729.01 of the Revised Code.	68

(D) "Bulk amount" of a controlled substance means any of the	69
following:	70

(1) For any compound, mixture, preparation, or substance	71
included in schedule I, schedule II, or schedule III, with the	72
exception of controlled substance analogs, marihuana, cocaine,	73
L.S.D., heroin, and hashish and except as provided in division	74
(D)(2) or (5) of this section, whichever of the following is	75
applicable:	76

(a) An amount equal to or exceeding ten grams or twenty-five	77
unit doses of a compound, mixture, preparation, or substance that	78
is or contains any amount of a schedule I opiate or opium	79
derivative;	80

(b) An amount equal to or exceeding ten grams of a compound,	81
mixture, preparation, or substance that is or contains any amount	82
of raw or gum opium;	83

(c) An amount equal to or exceeding thirty grams or ten unit	84
doses of a compound, mixture, preparation, or substance that is or	85
contains any amount of a schedule I hallucinogen other than	86
tetrahydrocannabinol or lysergic acid amide, or a schedule I	87
stimulant or depressant;	88

(d) An amount equal to or exceeding twenty grams or five	89
times the maximum daily dose in the usual dose range specified in	90
a standard pharmaceutical reference manual of a compound, mixture,	91
preparation, or substance that is or contains any amount of a	92
schedule II opiate or opium derivative;	93

(e) An amount equal to or exceeding five grams or ten unit	94
doses of a compound, mixture, preparation, or substance that is or	95
contains any amount of phencyclidine;	96

(f) An amount equal to or exceeding one hundred twenty grams	97
or thirty times the maximum daily dose in the usual dose range	98
specified in a standard pharmaceutical reference manual of a	99
compound, mixture, preparation, or substance that is or contains	100
any amount of a schedule II stimulant that is in a final dosage	101
form manufactured by a person authorized by the "Federal Food,	102
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	103
amended, and the federal drug abuse control laws, as defined in	104
section 3719.01 of the Revised Code, that is or contains any	105
amount of a schedule II depressant substance or a schedule II	106
hallucinogenic substance;	107

(g) An amount equal to or exceeding three grams of a	108
compound, mixture, preparation, or substance that is or contains	109
any amount of a schedule II stimulant, or any of its salts or	110
isomers, that is not in a final dosage form manufactured by a	111
person authorized by the Federal Food, Drug, and Cosmetic Act and	112
the federal drug abuse control laws.	113

(2) An amount equal to or exceeding one hundred twenty grams	114
or thirty times the maximum daily dose in the usual dose range	115
specified in a standard pharmaceutical reference manual of a	116
compound, mixture, preparation, or substance that is or contains	117
any amount of a schedule III or IV substance other than an	118
anabolic steroid or a schedule III opiate or opium derivative;	119

(3) An amount equal to or exceeding twenty grams or five	120
times the maximum daily dose in the usual dose range specified in	121
a standard pharmaceutical reference manual of a compound, mixture,	122
preparation, or substance that is or contains any amount of a	123
schedule III opiate or opium derivative;	124

(4) An amount equal to or exceeding two hundred fifty	125
milliliters or two hundred fifty grams of a compound, mixture,	126
preparation, or substance that is or contains any amount of a	127
schedule V substance;	128

(5) An amount equal to or exceeding two hundred solid dosage	129
units, sixteen grams, or sixteen milliliters of a compound,	130
mixture, preparation, or substance that is or contains any amount	131
of a schedule III anabolic steroid.	132

(E) "Unit dose" means an amount or unit of a compound,	133
mixture, or preparation containing a controlled substance that is	134
separately identifiable and in a form that indicates that it is	135
the amount or unit by which the controlled substance is separately	136
administered to or taken by an individual.	137

(F) "Cultivate" includes planting, watering, fertilizing, or	138
tilling.	139

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

140

(1) A violation of division (A) of section 2913.02 that	141
constitutes theft of drugs, or a violation of section 2925.02,	142
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	143
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	144
2925.37 of the Revised Code;	145

(2) A violation of an existing or former law of this or any	146
other state or of the United States that is substantially	147
equivalent to any section listed in division (G)(1) of this	148
section;	149

(3) An offense under an existing or former law of this or any	150
other state, or of the United States, of which planting,	151
cultivating, harvesting, processing, making, manufacturing,	152
producing, shipping, transporting, delivering, acquiring,	153
possessing, storing, distributing, dispensing, selling, inducing	154
another to use, administering to another, using, or otherwise	155
dealing with a controlled substance is an element;	156

(4) A conspiracy to commit, attempt to commit, or complicity	157
in committing or attempting to commit any offense under division	158
(G)(1), (2), or (3) of this section.	159

(H) "Felony drug abuse offense" means any drug abuse offense	160
that would constitute a felony under the laws of this state, any	161
other state, or the United States.	162

(I) "Harmful intoxicant" does not include beer or	163
intoxicating liquor but means any of the following:	164

(1) Any compound, mixture, preparation, or substance the gas,	165
fumes, or vapor of which when inhaled can induce intoxication,	166
excitement, giddiness, irrational behavior, depression,	167
stupefaction, paralysis, unconsciousness, asphyxiation, or other	168
harmful physiological effects, and includes, but is not limited	169
to, any of the following:	170

(a) Any volatile organic solvent, plastic cement, model	171
cement, fingernail polish remover, lacquer thinner, cleaning	172
fluid, gasoline, or other preparation containing a volatile	173
organic solvent;	174

(b) Any aerosol propellant;

175

(c) Any fluorocarbon refrigerant;

176

(d) Any anesthetic gas.

177

(2) Gamma Butyrolactone;

178

(3) 1,4 Butanediol.

179

(J) "Manufacture" means to plant, cultivate, harvest,	180
process, make, prepare, or otherwise engage in any part of the	181
production of a drug, by propagation, extraction, chemical	182
synthesis, or compounding, or any combination of the same, and	183
includes packaging, repackaging, labeling, and other activities	184
incident to production.	185

(K) "Possess" or "possession" means having control over a	186
thing or substance, but may not be inferred solely from mere	187
access to the thing or substance through ownership or occupation	188
of the premises upon which the thing or substance is found.	189

(L) "Sample drug" means a drug or pharmaceutical preparation	190
that would be hazardous to health or safety if used without the	191
supervision of a licensed health professional authorized to	192
prescribe drugs, or a drug of abuse, and that, at one time, had	193
been placed in a container plainly marked as a sample by a	194
manufacturer.	195

(M) "Standard pharmaceutical reference manual" means the	196
current edition, with cumulative changes if any, of any of the	197
following reference works:	198

(1) "The National Formulary";

199

(2) "The United States Pharmacopeia," prepared by authority	200
of the United States Pharmacopeial Convention, Inc.;	201

(3) Other standard references that are approved by the state	202
board of pharmacy.	203

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

204

(O) "Counterfeit controlled substance" means any of the	205
following:	206

(1) Any drug that bears, or whose container or label bears, a	207
trademark, trade name, or other identifying mark used without	208
authorization of the owner of rights to that trademark, trade	209
name, or identifying mark;	210

(2) Any unmarked or unlabeled substance that is represented	211
to be a controlled substance manufactured, processed, packed, or	212
distributed by a person other than the person that manufactured,	213
processed, packed, or distributed it;	214

(3) Any substance that is represented to be a controlled	215
substance but is not a controlled substance or is a different	216
controlled substance;	217

(4) Any substance other than a controlled substance that a	218
reasonable person would believe to be a controlled substance	219
because of its similarity in shape, size, and color, or its	220
markings, labeling, packaging, distribution, or the price for	221
which it is sold or offered for sale.	222

(P) An offense is "committed in the vicinity of a school" if	223
the offender commits the offense on school premises, in a school	224
building, or within one thousand feet of the boundaries of any	225
school premises, regardless of whether the offender knows the	226
offense is being committed on school premises, in a school	227
building, or within one thousand feet of the boundaries of any	228
school premises.	229

(Q) "School" means any school operated by a board of	230
education, any community school established under Chapter 3314. of	231
the Revised Code, or any nonpublic school for which the state	232
board of education prescribes minimum standards under section	233
3301.07 of the Revised Code, whether or not any instruction,	234
extracurricular activities, or training provided by the school is	235
being conducted at the time a criminal offense is committed.	236

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

237

(1) The parcel of real property on which any school is	238
situated, whether or not any instruction, extracurricular	239
activities, or training provided by the school is being conducted	240
on the premises at the time a criminal offense is committed;	241

(2) Any other parcel of real property that is owned or leased	242
by a board of education of a school, the governing authority of a	243
community school established under Chapter 3314. of the Revised	244
Code, or the governing body of a nonpublic school for which the	245
state board of education prescribes minimum standards under	246
section 3301.07 of the Revised Code and on which some of the	247
instruction, extracurricular activities, or training of the school	248
is conducted, whether or not any instruction, extracurricular	249
activities, or training provided by the school is being conducted	250
on the parcel of real property at the time a criminal offense is	251
committed.	252

(S) "School building" means any building in which any of the	253
instruction, extracurricular activities, or training provided by a	254
school is conducted, whether or not any instruction,	255
extracurricular activities, or training provided by the school is	256
being conducted in the school building at the time a criminal	257
offense is committed.	258

(T) "Disciplinary counsel" means the disciplinary counsel	259
appointed by the board of commissioners on grievances and	260
discipline of the supreme court under the Rules for the Government	261
of the Bar of Ohio.	262

(U) "Certified grievance committee" means a duly constituted	263
and organized committee of the Ohio state bar association or of	264
one or more local bar associations of the state of Ohio that	265
complies with the criteria set forth in Rule V, section 6 of the	266
Rules for the Government of the Bar of Ohio.	267

(V) "Professional license" means any license, permit,	268
certificate, registration, qualification, admission, temporary	269
license, temporary permit, temporary certificate, or temporary	270
registration that is described in divisions (W)(1) to (36) of this	271
section and that qualifies a person as a professionally licensed	272
person.	273

(W) "Professionally licensed person" means any of the	274
following:	275

(1) A person who has obtained a license as a manufacturer of	276
controlled substances or a wholesaler of controlled substances	277
under Chapter 3719. of the Revised Code;	278

(2) A person who has received a certificate or temporary	279
certificate as a certified public accountant or who has registered	280
as a public accountant under Chapter 4701. of the Revised Code and	281
who holds an Ohio permit issued under that chapter;	282

(3) A person who holds a certificate of qualification to	283
practice architecture issued or renewed and registered under	284
Chapter 4703. of the Revised Code;	285

(4) A person who is registered as a landscape architect under	286
Chapter 4703. of the Revised Code or who holds a permit as a	287
landscape architect issued under that chapter;	288

(5) A person licensed under Chapter 4707. of the Revised	289
Code;	290

(6) A person who has been issued a certificate of	291
registration as a registered barber under Chapter 4709. of the	292
Revised Code;	293

(7) A person licensed and regulated to engage in the business	294
of a debt pooling company by a legislative authority, under	295
authority of Chapter 4710. of the Revised Code;	296

(8) A person who has been issued a cosmetologist's license,	297
hair designer's license, manicurist's license, esthetician's	298
license, natural hair stylist's license, managing cosmetologist's	299
license, managing hair designer's license, managing manicurist's	300
license, managing esthetician's license, managing natural hair	301
stylist's license, cosmetology instructor's license, hair design	302
instructor's license, manicurist instructor's license, esthetics	303
instructor's license, natural hair style instructor's license,	304
independent contractor's license, or tanning facility permit under	305
Chapter 4713. of the Revised Code;	306

(9) A person who has been issued a license to practice	307
dentistry, a general anesthesia permit, a conscious intravenous	308
sedation permit, a limited resident's license, a limited teaching	309
license, a dental hygienist's license, or a dental hygienist's	310
teacher's certificate under Chapter 4715. of the Revised Code;	311

(10) A person who has been issued an embalmer's license, a	312
funeral director's license, a funeral home license, or a crematory	313
license, or who has been registered for an embalmer's or funeral	314
director's apprenticeship under Chapter 4717. of the Revised Code;	315

(11) A person who has been licensed as a registered nurse or	316
practical nurse, or who has been issued a certificate for the	317
practice of nurse-midwifery under Chapter 4723. of the Revised	318
Code;	319

(12) A person who has been licensed to practice optometry or	320
to engage in optical dispensing under Chapter 4725. of the Revised	321
Code;	322

(13) A person licensed to act as a pawnbroker under Chapter	323
4727. of the Revised Code;	324

(14) A person licensed to act as a precious metals dealer	325
under Chapter 4728. of the Revised Code;	326

(15) A person licensed as a pharmacist, a pharmacy intern, a	327
wholesale distributor of dangerous drugs, or a terminal	328
distributor of dangerous drugs under Chapter 4729. of the Revised	329
Code;	330

(16) A person who is authorized to practice as a physician	331
assistant under Chapter 4730. of the Revised Code;	332

(17) A person who has been issued a certificate to practice	333
medicine and surgery, osteopathic medicine and surgery, a limited	334
branch of medicine, or podiatry under Chapter 4731. of the Revised	335
Code;	336

(18) A person licensed as a psychologist or school	337
psychologist under Chapter 4732. of the Revised Code;	338

(19) A person registered to practice the profession of	339
engineering or surveying under Chapter 4733. of the Revised Code;	340

(20) A person who has been issued a license to practice	341
chiropractic under Chapter 4734. of the Revised Code;	342

(21) A person licensed to act as a real estate broker or real	343
estate salesperson under Chapter 4735. of the Revised Code;	344

(22) A person registered as a registered sanitarian under	345
Chapter 4736. of the Revised Code;	346

(23) A person licensed to operate or maintain a junkyard	347
under Chapter 4737. of the Revised Code;	348

(24) A person who has been issued a motor vehicle salvage	349
dealer's license under Chapter 4738. of the Revised Code;	350

(25) A person who has been licensed to act as a steam	351
engineer under Chapter 4739. of the Revised Code;	352

(26) A person who has been issued a license or temporary	353
permit to practice veterinary medicine or any of its branches, or	354
who is registered as a graduate animal technician under Chapter	355
4741. of the Revised Code;	356

(27) A person who has been issued a hearing aid dealer's or	357
fitter's license or trainee permit under Chapter 4747. of the	358
Revised Code;	359

(28) A person who has been issued a class A, class B, or	360
class C license or who has been registered as an investigator or	361
security guard employee under Chapter 4749. of the Revised Code;	362

(29) A person licensed and registered to practice as a	363
nursing home administrator under Chapter 4751. of the Revised	364
Code;	365

(30) A person licensed to practice as a speech-language	366
pathologist or audiologist under Chapter 4753. of the Revised	367
Code;	368

(31) A person issued a license as an occupational therapist	369
or physical therapist under Chapter 4755. of the Revised Code;	370

(32) A person who is licensed as a professional clinical	371
counselor or professional counselor, licensed as a social worker	372
or independent social worker, or registered as a social work	373
assistant under Chapter 4757. of the Revised Code;	374

(33) A person issued a license to practice dietetics under	375
Chapter 4759. of the Revised Code;	376

(34) A person who has been issued a license or limited permit	377
to practice respiratory therapy under Chapter 4761. of the Revised	378
Code;	379

(35) A person who has been issued a real estate appraiser	380
certificate under Chapter 4763. of the Revised Code;	381

(36) A person who has been admitted to the bar by order of	382
the supreme court in compliance with its prescribed and published	383
rules.	384

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

385

(1) A cocaine salt, isomer, or derivative, a salt of a	386
cocaine isomer or derivative, or the base form of cocaine;	387

(2) Coca leaves or a salt, compound, derivative, or	388
preparation of coca leaves, including ecgonine, a salt, isomer, or	389
derivative of ecgonine, or a salt of an isomer or derivative of	390
ecgonine;	391

(3) A salt, compound, derivative, or preparation of a	392
substance identified in division (X)(1) or (2) of this section	393
that is chemically equivalent to or identical with any of those	394
substances, except that the substances shall not include	395
decocainized coca leaves or extraction of coca leaves if the	396
extractions do not contain cocaine or ecgonine.	397

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

398

(Z) "Hashish" means the resin or a preparation of the resin	399
contained in marihuana, whether in solid form or in a liquid	400
concentrate, liquid extract, or liquid distillate form.	401

(AA) "Marihuana" has the same meaning as in section 3719.01	402
of the Revised Code, except that it does not include hashish.	403

(BB) An offense is "committed in the vicinity of a juvenile"	404
if the offender commits the offense within one hundred feet of a	405
juvenile or within the view of a juvenile, regardless of whether	406
the offender knows the age of the juvenile, whether the offender	407
knows the offense is being committed within one hundred feet of or	408
within view of the juvenile, or whether the juvenile actually	409
views the commission of the offense.	410

(CC) "Presumption for a prison term" or "presumption that a	411
prison term shall be imposed" means a presumption, as described in	412
division (D) of section 2929.13 of the Revised Code, that a prison	413
term is a necessary sanction for a felony in order to comply with	414
the purposes and principles of sentencing under section 2929.11 of	415
the Revised Code.	416

(DD) "Major drug offender" has the same meaning as in section	417
2929.01 of the Revised Code.	418

(EE) "Minor drug possession offense" means either of the	419
following:	420

(1) A violation of section 2925.11 of the Revised Code as it	421
existed prior to July 1, 1996;	422

(2) A violation of section 2925.11 of the Revised Code as it	423
exists on and after July 1, 1996, that is a misdemeanor or a	424
felony of the fifth degree.	425

(FF) "Mandatory prison term" has the same meaning as in	426
section 2929.01 of the Revised Code.	427

(GG) "Adulterate" means to cause a drug to be adulterated as	428
described in section 3715.63 of the Revised Code.	429

(HH) "Public premises" means any hotel, restaurant, tavern,	430
store, arena, hall, or other place of public accommodation,	431
business, amusement, or resort.	432

(II) "Methamphetamine" means methamphetamine, any salt,	433
isomer, or salt of an isomer of methamphetamine, or any compound,	434
mixture, preparation, or substance containing methamphetamine or	435
any salt, isomer, or salt of an isomer of methamphetamine.	436

(JJ) "Lawful prescription" means a prescription that is	437
issued for a legitimate medical purpose by a licensed health	438
professional authorized to prescribe drugs, that is not altered or	439
forged, and that was not obtained by means of deception or by the	440
commission of any theft offense.	441

(KK) "Deception" and "theft offense" have the same meanings	442
as in section 2913.01 of the Revised Code.	443

Sec. 2925.03.  (A) No person shall knowingly do any of the	444
following:	445

(1) Sell or offer to sell a controlled substance or a	446
controlled substance analog;	447

(2) Prepare for shipment, ship, transport, deliver, prepare	448
for distribution, or distribute a controlled substance or a	449
controlled substance analog, when the offender knows or has	450
reasonable cause to believe that the controlled substance or a	451
controlled substance analog is intended for sale or resale by the	452
offender or another person.	453

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

454

(1) Manufacturers, licensed health professionals authorized	455
to prescribe drugs, pharmacists, owners of pharmacies, and other	456
persons whose conduct is in accordance with Chapters 3719., 4715.,	457
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	458

(2) If the offense involves an anabolic steroid, any person	459
who is conducting or participating in a research project involving	460
the use of an anabolic steroid if the project has been approved by	461
the United States food and drug administration;	462

(3) Any person who sells, offers for sale, prescribes,	463
dispenses, or administers for livestock or other nonhuman species	464
an anabolic steroid that is expressly intended for administration	465
through implants to livestock or other nonhuman species and	466
approved for that purpose under the "Federal Food, Drug, and	467
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	468
and is sold, offered for sale, prescribed, dispensed, or	469
administered for that purpose in accordance with that act.	470

(C) Whoever violates division (A) of this section is guilty	471
of one of the following:	472

(1) If the drug involved in the violation is any compound,	473
mixture, preparation, or substance included in schedule I or	474
schedule II, with the exception of marihuana,	475
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	476
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	477
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	478
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	479
cocaine, L.S.D., heroin, and hashish, and controlled substance	480
analogs, whoever violates division (A) of this section is guilty	481
of aggravated trafficking in drugs. The penalty for the offense	482
shall be determined as follows:	483

(a) Except as otherwise provided in division (C)(1)(b), (c),	484
(d), (e), or (f) of this section, aggravated trafficking in drugs	485
is a felony of the fourth degree, and division (C) of section	486
2929.13 of the Revised Code applies in determining whether to	487
impose a prison term on the offender.	488

(b) Except as otherwise provided in division (C)(1)(c), (d),	489
(e), or (f) of this section, if the offense was committed in the	490
vicinity of a school or in the vicinity of a juvenile, aggravated	491
trafficking in drugs is a felony of the third degree, and division	492
(C) of section 2929.13 of the Revised Code applies in determining	493
whether to impose a prison term on the offender.	494

(c) Except as otherwise provided in this division, if the	495
amount of the drug involved equals or exceeds the bulk amount but	496
is less than five times the bulk amount, aggravated trafficking in	497
drugs is a felony of the third degree, and, except as otherwise	498
provided in this division, there is a presumption for a prison	499
term for the offense. If aggravated trafficking in drugs is a	500
felony of the third degree under this division and if the offender	501
two or more times previously has been convicted of or pleaded	502
guilty to a felony drug abuse offense, the court shall impose as a	503
mandatory prison term one of the prison terms prescribed for a	504
felony of the third degree. If the amount of the drug involved is	505
within that range and if the offense was committed in the vicinity	506
of a school or in the vicinity of a juvenile, aggravated	507
trafficking in drugs is a felony of the second degree, and the	508
court shall impose as a mandatory prison term one of the prison	509
terms prescribed for a felony of the second degree.	510

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

(e) If the amount of the drug involved equals or exceeds	522
fifty times the bulk amount but is less than one hundred times the	523
bulk amount and regardless of whether the offense was committed in	524
the vicinity of a school or in the vicinity of a juvenile,	525
aggravated trafficking in drugs is a felony of the first degree,	526
and the court shall impose as a mandatory prison term one of the	527
prison terms prescribed for a felony of the first degree.	528

(f) If the amount of the drug involved equals or exceeds one	529
hundred times the bulk amount and regardless of whether the	530
offense was committed in the vicinity of a school or in the	531
vicinity of a juvenile, aggravated trafficking in drugs is a	532
felony of the first degree, the offender is a major drug offender,	533
and the court shall impose as a mandatory prison term the maximum	534
prison term prescribed for a felony of the first degree.	535

(2) If the drug involved in the violation is any compound,	536
mixture, preparation, or substance included in schedule III, IV,	537
or V, whoever violates division (A) of this section is guilty of	538
trafficking in drugs. The penalty for the offense shall be	539
determined as follows:	540

(a) Except as otherwise provided in division (C)(2)(b), (c),	541
(d), or (e) of this section, trafficking in drugs is a felony of	542
the fifth degree, and division (B) of section 2929.13 of the	543
Revised Code applies in determining whether to impose a prison	544
term on the offender.	545

(b) Except as otherwise provided in division (C)(2)(c), (d),	546
or (e) of this section, if the offense was committed in the	547
vicinity of a school or in the vicinity of a juvenile, trafficking	548
in drugs is a felony of the fourth degree, and division (C) of	549
section 2929.13 of the Revised Code applies in determining whether	550
to impose a prison term on the offender.	551

(c) Except as otherwise provided in this division, if the	552
amount of the drug involved equals or exceeds the bulk amount but	553
is less than five times the bulk amount, trafficking in drugs is a	554
felony of the fourth degree, and division (B) of section 2929.13	555
of the Revised Code applies in determining whether to impose a	556
prison term for the offense. If the amount of the drug involved is	557
within that range and if the offense was committed in the vicinity	558
of a school or in the vicinity of a juvenile, trafficking in drugs	559
is a felony of the third degree, and there is a presumption for a	560
prison term for the offense.	561

(d) Except as otherwise provided in this division, if the	562
amount of the drug involved equals or exceeds five times the bulk	563
amount but is less than fifty times the bulk amount, trafficking	564
in drugs is a felony of the third degree, and there is a	565
presumption for a prison term for the offense. If the amount of	566
the drug involved is within that range and if the offense was	567
committed in the vicinity of a school or in the vicinity of a	568
juvenile, trafficking in drugs is a felony of the second degree,	569
and there is a presumption for a prison term for the offense.	570

(e) Except as otherwise provided in this division, if the	571
amount of the drug involved equals or exceeds fifty times the bulk	572
amount, trafficking in drugs is a felony of the second degree, and	573
the court shall impose as a mandatory prison term one of the	574
prison terms prescribed for a felony of the second degree. If the	575
amount of the drug involved equals or exceeds fifty times the bulk	576
amount and if the offense was committed in the vicinity of a	577
school or in the vicinity of a juvenile, trafficking in drugs is a	578
felony of the first degree, and the court shall impose as a	579
mandatory prison term one of the prison terms prescribed for a	580
felony of the first degree.	581

(3) If the drug involved in the violation is marihuana or a	582
compound, mixture, preparation, or substance containing marihuana	583
other than hashish, whoever violates division (A) of this section	584
is guilty of trafficking in marihuana. The penalty for the offense	585
shall be determined as follows:	586

(a) Except as otherwise provided in division (C)(3)(b), (c),	587
(d), (e), (f), (g), or (h) of this section, trafficking in	588
marihuana is a felony of the fifth degree, and division (B) of	589
section 2929.13 of the Revised Code applies in determining whether	590
to impose a prison term on the offender.	591

(b) Except as otherwise provided in division (C)(3)(c), (d),	592
(e), (f), (g), or (h) of this section, if the offense was	593
committed in the vicinity of a school or in the vicinity of a	594
juvenile, trafficking in marihuana is a felony of the fourth	595
degree, and division (B) of section 2929.13 of the Revised Code	596
applies in determining whether to impose a prison term on the	597
offender.	598

(c) Except as otherwise provided in this division, if the	599
amount of the drug involved equals or exceeds two hundred grams	600
but is less than one thousand grams, trafficking in marihuana is a	601
felony of the fourth degree, and division (B) of section 2929.13	602
of the Revised Code applies in determining whether to impose a	603
prison term on the offender. If the amount of the drug involved is	604
within that range and if the offense was committed in the vicinity	605
of a school or in the vicinity of a juvenile, trafficking in	606
marihuana is a felony of the third degree, and division (C) of	607
section 2929.13 of the Revised Code applies in determining whether	608
to impose a prison term on the offender.	609

(d) Except as otherwise provided in this division, if the	610
amount of the drug involved equals or exceeds one thousand grams	611
but is less than five thousand grams, trafficking in marihuana is	612
a felony of the third degree, and division (C) of section 2929.13	613
of the Revised Code applies in determining whether to impose a	614
prison term on the offender. If the amount of the drug involved is	615
within that range and if the offense was committed in the vicinity	616
of a school or in the vicinity of a juvenile, trafficking in	617
marihuana is a felony of the second degree, and there is a	618
presumption that a prison term shall be imposed for the offense.	619

(e) Except as otherwise provided in this division, if the	620
amount of the drug involved equals or exceeds five thousand grams	621
but is less than twenty thousand grams, trafficking in marihuana	622
is a felony of the third degree, and there is a presumption that a	623
prison term shall be imposed for the offense. If the amount of the	624
drug involved is within that range and if the offense was	625
committed in the vicinity of a school or in the vicinity of a	626
juvenile, trafficking in marihuana is a felony of the second	627
degree, and there is a presumption that a prison term shall be	628
imposed for the offense.	629

(f) Except as otherwise provided in this division, if the	630
amount of the drug involved equals or exceeds twenty thousand	631
grams but is less than forty thousand grams, trafficking in	632
marihuana is a felony of the second degree, and the court shall	633
impose a mandatory prison term of five, six, seven, or eight	634
years. If the amount of the drug involved is within that range and	635
if the offense was committed in the vicinity of a school or in the	636
vicinity of a juvenile, trafficking in marihuana is a felony of	637
the first degree, and the court shall impose as a mandatory prison	638
term the maximum prison term prescribed for a felony of the first	639
degree.	640

(g) Except as otherwise provided in this division, if the	641
amount of the drug involved equals or exceeds forty thousand	642
grams, trafficking in marihuana is a felony of the second degree,	643
and the court shall impose as a mandatory prison term the maximum	644
prison term prescribed for a felony of the second degree. If the	645
amount of the drug involved equals or exceeds forty thousand grams	646
and if the offense was committed in the vicinity of a school or in	647
the vicinity of a juvenile, trafficking in marihuana is a felony	648
of the first degree, and the court shall impose as a mandatory	649
prison term the maximum prison term prescribed for a felony of the	650
first degree.	651

(h) Except as otherwise provided in this division, if the	652
offense involves a gift of twenty grams or less of marihuana,	653
trafficking in marihuana is a minor misdemeanor upon a first	654
offense and a misdemeanor of the third degree upon a subsequent	655
offense. If the offense involves a gift of twenty grams or less of	656
marihuana and if the offense was committed in the vicinity of a	657
school or in the vicinity of a juvenile, trafficking in marihuana	658
is a misdemeanor of the third degree.	659

(4) If the drug involved in the violation is cocaine or a	660
compound, mixture, preparation, or substance containing cocaine,	661
whoever violates division (A) of this section is guilty of	662
trafficking in cocaine. The penalty for the offense shall be	663
determined as follows:	664

(a) Except as otherwise provided in division (C)(4)(b), (c),	665
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	666
felony of the fifth degree, and division (B) of section 2929.13 of	667
the Revised Code applies in determining whether to impose a prison	668
term on the offender.	669

(b) Except as otherwise provided in division (C)(4)(c), (d),	670
(e), (f), or (g) of this section, if the offense was committed in	671
the vicinity of a school or in the vicinity of a juvenile,	672
trafficking in cocaine is a felony of the fourth degree, and	673
division (C) of section 2929.13 of the Revised Code applies in	674
determining whether to impose a prison term on the offender.	675

(c) Except as otherwise provided in this division, if the	676
amount of the drug involved equals or exceeds five grams but is	677
less than ten grams of cocaine, trafficking in cocaine is a felony	678
of the fourth degree, and division (B) of section 2929.13 of the	679
Revised Code applies in determining whether to impose a prison	680
term for the offense. If the amount of the drug involved is within	681
that range and if the offense was committed in the vicinity of a	682
school or in the vicinity of a juvenile, trafficking in cocaine is	683
a felony of the third degree, and there is a presumption for a	684
prison term for the offense.	685

(d) Except as otherwise provided in this division, if the	686
amount of the drug involved equals or exceeds ten grams but is	687
less than twenty grams of cocaine, trafficking in cocaine is a	688
felony of the third degree, and, except as otherwise provided in	689
this division, there is a presumption for a prison term for the	690
offense. If trafficking in cocaine is a felony of the third degree	691
under this division and if the offender two or more times	692
previously has been convicted of or pleaded guilty to a felony	693
drug abuse offense, the court shall impose as a mandatory prison	694
term one of the prison terms prescribed for a felony of the third	695
degree. If the amount of the drug involved is within that range	696
and if the offense was committed in the vicinity of a school or in	697
the vicinity of a juvenile, trafficking in cocaine is a felony of	698
the second degree, and the court shall impose as a mandatory	699
prison term one of the prison terms prescribed for a felony of the	700
second degree.	701

(e) Except as otherwise provided in this division, if the	702
amount of the drug involved equals or exceeds twenty grams but is	703
less than twenty-seven grams of cocaine, trafficking in cocaine is	704
a felony of the second degree, and the court shall impose as a	705
mandatory prison term one of the prison terms prescribed for a	706
felony of the second degree. If the amount of the drug involved is	707
within that range and if the offense was committed in the vicinity	708
of a school or in the vicinity of a juvenile, trafficking in	709
cocaine is a felony of the first degree, and the court shall	710
impose as a mandatory prison term one of the prison terms	711
prescribed for a felony of the first degree.	712

(f) If the amount of the drug involved equals or exceeds	713
twenty-seven grams but is less than one hundred grams of cocaine	714
and regardless of whether the offense was committed in the	715
vicinity of a school or in the vicinity of a juvenile, trafficking	716
in cocaine is a felony of the first degree, and the court shall	717
impose as a mandatory prison term one of the prison terms	718
prescribed for a felony of the first degree.	719

(g) If the amount of the drug involved equals or exceeds one	720
hundred grams of cocaine and regardless of whether the offense was	721
committed in the vicinity of a school or in the vicinity of a	722
juvenile, trafficking in cocaine is a felony of the first degree,	723
the offender is a major drug offender, and the court shall impose	724
as a mandatory prison term the maximum prison term prescribed for	725
a felony of the first degree.	726

(5) If the drug involved in the violation is L.S.D. or a	727
compound, mixture, preparation, or substance containing L.S.D.,	728
whoever violates division (A) of this section is guilty of	729
trafficking in L.S.D. The penalty for the offense shall be	730
determined as follows:	731

(a) Except as otherwise provided in division (C)(5)(b), (c),	732
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	733
felony of the fifth degree, and division (B) of section 2929.13 of	734
the Revised Code applies in determining whether to impose a prison	735
term on the offender.	736

(b) Except as otherwise provided in division (C)(5)(c), (d),	737
(e), (f), or (g) of this section, if the offense was committed in	738
the vicinity of a school or in the vicinity of a juvenile,	739
trafficking in L.S.D. is a felony of the fourth degree, and	740
division (C) of section 2929.13 of the Revised Code applies in	741
determining whether to impose a prison term on the offender.	742

(c) Except as otherwise provided in this division, if the	743
amount of the drug involved equals or exceeds ten unit doses but	744
is less than fifty unit doses of L.S.D. in a solid form or equals	745
or exceeds one gram but is less than five grams of L.S.D. in a	746
liquid concentrate, liquid extract, or liquid distillate form,	747
trafficking in L.S.D. is a felony of the fourth degree, and	748
division (B) of section 2929.13 of the Revised Code applies in	749
determining whether to impose a prison term for the offense. If	750
the amount of the drug involved is within that range and if the	751
offense was committed in the vicinity of a school or in the	752
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	753
third degree, and there is a presumption for a prison term for the	754
offense.	755

(d) Except as otherwise provided in this division, if the	756
amount of the drug involved equals or exceeds fifty unit doses but	757
is less than two hundred fifty unit doses of L.S.D. in a solid	758
form or equals or exceeds five grams but is less than twenty-five	759
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	760
distillate form, trafficking in L.S.D. is a felony of the third	761
degree, and, except as otherwise provided in this division, there	762
is a presumption for a prison term for the offense. If trafficking	763
in L.S.D. is a felony of the third degree under this division and	764
if the offender two or more times previously has been convicted of	765
or pleaded guilty to a felony drug abuse offense, the court shall	766
impose as a mandatory prison term one of the prison terms	767
prescribed for a felony of the third degree. If the amount of the	768
drug involved is within that range and if the offense was	769
committed in the vicinity of a school or in the vicinity of a	770
juvenile, trafficking in L.S.D. is a felony of the second degree,	771
and the court shall impose as a mandatory prison term one of the	772
prison terms prescribed for a felony of the second degree.	773

(e) Except as otherwise provided in this division, if the	774
amount of the drug involved equals or exceeds two hundred fifty	775
unit doses but is less than one thousand unit doses of L.S.D. in a	776
solid form or equals or exceeds twenty-five grams but is less than	777
one hundred grams of L.S.D. in a liquid concentrate, liquid	778
extract, or liquid distillate form, trafficking in L.S.D. is a	779
felony of the second degree, and the court shall impose as a	780
mandatory prison term one of the prison terms prescribed for a	781
felony of the second degree. If the amount of the drug involved is	782
within that range and if the offense was committed in the vicinity	783
of a school or in the vicinity of a juvenile, trafficking in	784
L.S.D. is a felony of the first degree, and the court shall impose	785
as a mandatory prison term one of the prison terms prescribed for	786
a felony of the first degree.	787

(f) If the amount of the drug involved equals or exceeds one	788
thousand unit doses but is less than five thousand unit doses of	789
L.S.D. in a solid form or equals or exceeds one hundred grams but	790
is less than five hundred grams of L.S.D. in a liquid concentrate,	791
liquid extract, or liquid distillate form and regardless of	792
whether the offense was committed in the vicinity of a school or	793
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	794
of the first degree, and the court shall impose as a mandatory	795
prison term one of the prison terms prescribed for a felony of the	796
first degree.	797

(g) If the amount of the drug involved equals or exceeds five	798
thousand unit doses of L.S.D. in a solid form or equals or exceeds	799
five hundred grams of L.S.D. in a liquid concentrate, liquid	800
extract, or liquid distillate form and regardless of whether the	801
offense was committed in the vicinity of a school or in the	802
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	803
first degree, the offender is a major drug offender, and the court	804
shall impose as a mandatory prison term the maximum prison term	805
prescribed for a felony of the first degree.	806

(6) If the drug involved in the violation is heroin or a	807
compound, mixture, preparation, or substance containing heroin,	808
whoever violates division (A) of this section is guilty of	809
trafficking in heroin. The penalty for the offense shall be	810
determined as follows:	811

(a) Except as otherwise provided in division (C)(6)(b), (c),	812
(d), (e), (f), or (g) of this section, trafficking in heroin is a	813
felony of the fifth degree, and division (B) of section 2929.13 of	814
the Revised Code applies in determining whether to impose a prison	815
term on the offender.	816

(b) Except as otherwise provided in division (C)(6)(c), (d),	817
(e), (f), or (g) of this section, if the offense was committed in	818
the vicinity of a school or in the vicinity of a juvenile,	819
trafficking in heroin is a felony of the fourth degree, and	820
division (C) of section 2929.13 of the Revised Code applies in	821
determining whether to impose a prison term on the offender.	822

(c) Except as otherwise provided in this division, if the	823
amount of the drug involved equals or exceeds ten unit doses but	824
is less than fifty unit doses or equals or exceeds one gram but is	825
less than five grams, trafficking in heroin is a felony of the	826
fourth degree, and division (B) of section 2929.13 of the Revised	827
Code applies in determining whether to impose a prison term for	828
the offense. If the amount of the drug involved is within that	829
range and if the offense was committed in the vicinity of a school	830
or in the vicinity of a juvenile, trafficking in heroin is a	831
felony of the third degree, and there is a presumption for a	832
prison term for the offense.	833

(d) Except as otherwise provided in this division, if the	834
amount of the drug involved equals or exceeds fifty unit doses but	835
is less than one hundred unit doses or equals or exceeds five	836
grams but is less than ten grams, trafficking in heroin is a	837
felony of the third degree, and there is a presumption for a	838
prison term for the offense. If the amount of the drug involved is	839
within that range and if the offense was committed in the vicinity	840
of a school or in the vicinity of a juvenile, trafficking in	841
heroin is a felony of the second degree, and there is a	842
presumption for a prison term for the offense.	843

(e) Except as otherwise provided in this division, if the	844
amount of the drug involved equals or exceeds one hundred unit	845
doses but is less than five hundred unit doses or equals or	846
exceeds ten grams but is less than fifty grams, trafficking in	847
heroin is a felony of the second degree, and the court shall	848
impose as a mandatory prison term one of the prison terms	849
prescribed for a felony of the second degree. If the amount of the	850
drug involved is within that range and if the offense was	851
committed in the vicinity of a school or in the vicinity of a	852
juvenile, trafficking in heroin is a felony of the first degree,	853
and the court shall impose as a mandatory prison term one of the	854
prison terms prescribed for a felony of the first degree.	855

(f) If the amount of the drug involved equals or exceeds five	856
hundred unit doses but is less than two thousand five hundred unit	857
doses or equals or exceeds fifty grams but is less than two	858
hundred fifty grams and regardless of whether the offense was	859
committed in the vicinity of a school or in the vicinity of a	860
juvenile, trafficking in heroin is a felony of the first degree,	861
and the court shall impose as a mandatory prison term one of the	862
prison terms prescribed for a felony of the first degree.	863

(g) If the amount of the drug involved equals or exceeds two	864
thousand five hundred unit doses or equals or exceeds two hundred	865
fifty grams and regardless of whether the offense was committed in	866
the vicinity of a school or in the vicinity of a juvenile,	867
trafficking in heroin is a felony of the first degree, the	868
offender is a major drug offender, and the court shall impose as a	869
mandatory prison term the maximum prison term prescribed for a	870
felony of the first degree.	871

(7) If the drug involved in the violation is hashish or a	872
compound, mixture, preparation, or substance containing hashish,	873
whoever violates division (A) of this section is guilty of	874
trafficking in hashish. The penalty for the offense shall be	875
determined as follows:	876

(a) Except as otherwise provided in division (C)(7)(b), (c),	877
(d), (e), (f), or (g) of this section, trafficking in hashish is a	878
felony of the fifth degree, and division (B) of section 2929.13 of	879
the Revised Code applies in determining whether to impose a prison	880
term on the offender.	881

(b) Except as otherwise provided in division (C)(7)(c), (d),	882
(e), (f), or (g) of this section, if the offense was committed in	883
the vicinity of a school or in the vicinity of a juvenile,	884
trafficking in hashish is a felony of the fourth degree, and	885
division (B) of section 2929.13 of the Revised Code applies in	886
determining whether to impose a prison term on the offender.	887

(c) Except as otherwise provided in this division, if the	888
amount of the drug involved equals or exceeds ten grams but is	889
less than fifty grams of hashish in a solid form or equals or	890
exceeds two grams but is less than ten grams of hashish in a	891
liquid concentrate, liquid extract, or liquid distillate form,	892
trafficking in hashish is a felony of the fourth degree, and	893
division (B) of section 2929.13 of the Revised Code applies in	894
determining whether to impose a prison term on the offender. If	895
the amount of the drug involved is within that range and if the	896
offense was committed in the vicinity of a school or in the	897
vicinity of a juvenile, trafficking in hashish is a felony of the	898
third degree, and division (C) of section 2929.13 of the Revised	899
Code applies in determining whether to impose a prison term on the	900
offender.	901

(d) Except as otherwise provided in this division, if the	902
amount of the drug involved equals or exceeds fifty grams but is	903
less than two hundred fifty grams of hashish in a solid form or	904
equals or exceeds ten grams but is less than fifty grams of	905
hashish in a liquid concentrate, liquid extract, or liquid	906
distillate form, trafficking in hashish is a felony of the third	907
degree, and division (C) of section 2929.13 of the Revised Code	908
applies in determining whether to impose a prison term on the	909
offender. If the amount of the drug involved is within that range	910
and if the offense was committed in the vicinity of a school or in	911
the vicinity of a juvenile, trafficking in hashish is a felony of	912
the second degree, and there is a presumption that a prison term	913
shall be imposed for the offense.	914

(e) Except as otherwise provided in this division, if the	915
amount of the drug involved equals or exceeds two hundred fifty	916
grams but is less than one thousand grams of hashish in a solid	917
form or equals or exceeds fifty grams but is less than two hundred	918
grams of hashish in a liquid concentrate, liquid extract, or	919
liquid distillate form, trafficking in hashish is a felony of the	920
third degree, and there is a presumption that a prison term shall	921
be imposed for the offense. If the amount of the drug involved is	922
within that range and if the offense was committed in the vicinity	923
of a school or in the vicinity of a juvenile, trafficking in	924
hashish is a felony of the second degree, and there is a	925
presumption that a prison term shall be imposed for the offense.	926

(f) Except as otherwise provided in this division, if the	927
amount of the drug involved equals or exceeds one thousand grams	928
but is less than two thousand grams of hashish in a solid form or	929
equals or exceeds two hundred grams but is less than four hundred	930
grams of hashish in a liquid concentrate, liquid extract, or	931
liquid distillate form, trafficking in hashish is a felony of the	932
second degree, and the court shall impose a mandatory prison term	933
of five, six, seven, or eight years. If the amount of the drug	934
involved is within that range and if the offense was committed in	935
the vicinity of a school or in the vicinity of a juvenile,	936
trafficking in hashish is a felony of the first degree, and the	937
court shall impose as a mandatory prison term the maximum prison	938
term prescribed for a felony of the first degree.	939

(g) Except as otherwise provided in this division, if the	940
amount of the drug involved equals or exceeds two thousand grams	941
of hashish in a solid form or equals or exceeds four hundred grams	942
of hashish in a liquid concentrate, liquid extract, or liquid	943
distillate form, trafficking in hashish is a felony of the second	944
degree, and the court shall impose as a mandatory prison term the	945
maximum prison term prescribed for a felony of the second degree.	946
If the amount of the drug involved equals or exceeds two thousand	947
grams of hashish in a solid form or equals or exceeds four hundred	948
grams of hashish in a liquid concentrate, liquid extract, or	949
liquid distillate form and if the offense was committed in the	950
vicinity of a school or in the vicinity of a juvenile, trafficking	951
in hashish is a felony of the first degree, and the court shall	952
impose as a mandatory prison term the maximum prison term	953
prescribed for a felony of the first degree.	954

(8) If the drug involved in the violation is	955
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	956
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	957
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	958
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	959
compound, mixture, preparation, or substance containing	960
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	961
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	962
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	963
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenola	964
controlled substance analog or compound, mixture, preparation, or	965
substance that contains a controlled substance analog, whoever	966
violates division (A) of this section is guilty of trafficking in	967
spicea controlled substance analog. The penalty for the offense	968
shall be determined as follows:	969

(a) Except as otherwise provided in division (C)(8)(b), (c),	970
(d), (e), (f), or (g) of this section, trafficking in spicea	971
controlled substance analog is a felony of the fifth degree, and	972
division (C) of section 2929.13 of the Revised Code applies in	973
determining whether to impose a prison term on the offender.	974

(b) IfExcept as otherwise provided in division (C)(8)(c),	975
(d), (e), (f), or (g) of this section, if the offense was	976
committed in the vicinity of a school or in the vicinity of a	977
juvenile, trafficking in spicea controlled substance analog is a	978
felony of the fourth degree, and division (C) of section 2929.13	979
of the Revised Code applies in determining whether to impose a	980
prison term on the offender.	981

(c) Except as otherwise provided in this division, if the	982
amount of the drug involved equals or exceeds ten grams but is	983
less than twenty grams, trafficking in a controlled substance	984
analog is a felony of the fourth degree, and division (B) of	985
section 2929.13 of the Revised Code applies in determining whether	986
to impose a prison term for the offense. If the amount of the drug	987
involved is within that range and if the offense was committed in	988
the vicinity of a school or in the vicinity of a juvenile,	989
trafficking in a controlled substance analog is a felony of the	990
third degree, and there is a presumption for a prison term for the	991
offense.	992

(d) Except as otherwise provided in this division, if the	993
amount of the drug involved equals or exceeds twenty grams but is	994
less than thirty grams, trafficking in a controlled substance	995
analog is a felony of the third degree, and there is a presumption	996
for a prison term for the offense. If the amount of the drug	997
involved is within that range and if the offense was committed in	998
the vicinity of a school or in the vicinity of a juvenile,	999
trafficking in a controlled substance analog is a felony of the	1000
second degree, and there is a presumption for a prison term for	1001
the offense.	1002

(e) Except as otherwise provided in this division, if the	1003
amount of the drug involved equals or exceeds thirty grams but is	1004
less than forty grams, trafficking in a controlled substance	1005
analog is a felony of the second degree, and the court shall	1006
impose as a mandatory prison term one of the prison terms	1007
prescribed for a felony of the second degree. If the amount of the	1008
drug involved is within that range and if the offense was	1009
committed in the vicinity of a school or in the vicinity of a	1010
juvenile, trafficking in a controlled substance analog is a felony	1011
of the first degree, and the court shall impose as a mandatory	1012
prison term one of the prison terms prescribed for a felony of the	1013
first degree.	1014

(f) If the amount of the drug involved equals or exceeds	1015
forty grams but is less than fifty grams and regardless of whether	1016
the offense was committed in the vicinity of a school or in the	1017
vicinity of a juvenile, trafficking in a controlled substance	1018
analog is a felony of the first degree, and the court shall impose	1019
as a mandatory prison term one of the prison terms prescribed for	1020
a felony of the first degree.	1021

(g) If the amount of the drug involved equals or exceeds	1022
fifty grams and regardless of whether the offense was committed in	1023
the vicinity of a school or in the vicinity of a juvenile,	1024
trafficking in a controlled substance analog is a felony of the	1025
first degree, the offender is a major drug offender, and the court	1026
shall impose as a mandatory prison term the maximum prison term	1027
prescribed for a felony of the first degree.	1028

(D) In addition to any prison term authorized or required by	1029
division (C) of this section and sections 2929.13 and 2929.14 of	1030
the Revised Code, and in addition to any other sanction imposed	1031
for the offense under this section or sections 2929.11 to 2929.18	1032
of the Revised Code, the court that sentences an offender who is	1033
convicted of or pleads guilty to a violation of division (A) of	1034
this section shall do all of the following that are applicable	1035
regarding the offender:	1036

(1) If the violation of division (A) of this section is a	1037
felony of the first, second, or third degree, the court shall	1038
impose upon the offender the mandatory fine specified for the	1039
offense under division (B)(1) of section 2929.18 of the Revised	1040
Code unless, as specified in that division, the court determines	1041
that the offender is indigent. Except as otherwise provided in	1042
division (H)(1) of this section, a mandatory fine or any other	1043
fine imposed for a violation of this section is subject to	1044
division (F) of this section. If a person is charged with a	1045
violation of this section that is a felony of the first, second,	1046
or third degree, posts bail, and forfeits the bail, the clerk of	1047
the court shall pay the forfeited bail pursuant to divisions	1048
(D)(1) and (F) of this section, as if the forfeited bail was a	1049
fine imposed for a violation of this section. If any amount of the	1050
forfeited bail remains after that payment and if a fine is imposed	1051
under division (H)(1) of this section, the clerk of the court	1052
shall pay the remaining amount of the forfeited bail pursuant to	1053
divisions (H)(2) and (3) of this section, as if that remaining	1054
amount was a fine imposed under division (H)(1) of this section.	1055

(2) The court shall suspend the driver's or commercial	1056
driver's license or permit of the offender in accordance with	1057
division (G) of this section.	1058

(3) If the offender is a professionally licensed person, the	1059
court immediately shall comply with section 2925.38 of the Revised	1060
Code.	1061

(E) When a person is charged with the sale of or offer to	1062
sell a bulk amount or a multiple of a bulk amount of a controlled	1063
substance, the jury, or the court trying the accused, shall	1064
determine the amount of the controlled substance involved at the	1065
time of the offense and, if a guilty verdict is returned, shall	1066
return the findings as part of the verdict. In any such case, it	1067
is unnecessary to find and return the exact amount of the	1068
controlled substance involved, and it is sufficient if the finding	1069
and return is to the effect that the amount of the controlled	1070
substance involved is the requisite amount, or that the amount of	1071
the controlled substance involved is less than the requisite	1072
amount.	1073

(F)(1) Notwithstanding any contrary provision of section	1074
3719.21 of the Revised Code and except as provided in division (H)	1075
of this section, the clerk of the court shall pay any mandatory	1076
fine imposed pursuant to division (D)(1) of this section and any	1077
fine other than a mandatory fine that is imposed for a violation	1078
of this section pursuant to division (A) or (B)(5) of section	1079
2929.18 of the Revised Code to the county, township, municipal	1080
corporation, park district, as created pursuant to section 511.18	1081
or 1545.04 of the Revised Code, or state law enforcement agencies	1082
in this state that primarily were responsible for or involved in	1083
making the arrest of, and in prosecuting, the offender. However,	1084
the clerk shall not pay a mandatory fine so imposed to a law	1085
enforcement agency unless the agency has adopted a written	1086
internal control policy under division (F)(2) of this section that	1087
addresses the use of the fine moneys that it receives. Each agency	1088
shall use the mandatory fines so paid to subsidize the agency's	1089
law enforcement efforts that pertain to drug offenses, in	1090
accordance with the written internal control policy adopted by the	1091
recipient agency under division (F)(2) of this section.	1092

(2)(a) Prior to receiving any fine moneys under division	1093
(F)(1) of this section or division (B) of section 2925.42 of the	1094
Revised Code, a law enforcement agency shall adopt a written	1095
internal control policy that addresses the agency's use and	1096
disposition of all fine moneys so received and that provides for	1097
the keeping of detailed financial records of the receipts of those	1098
fine moneys, the general types of expenditures made out of those	1099
fine moneys, and the specific amount of each general type of	1100
expenditure. The policy shall not provide for or permit the	1101
identification of any specific expenditure that is made in an	1102
ongoing investigation. All financial records of the receipts of	1103
those fine moneys, the general types of expenditures made out of	1104
those fine moneys, and the specific amount of each general type of	1105
expenditure by an agency are public records open for inspection	1106
under section 149.43 of the Revised Code. Additionally, a written	1107
internal control policy adopted under this division is such a	1108
public record, and the agency that adopted it shall comply with	1109
it.	1110

(b) Each law enforcement agency that receives in any calendar	1111
year any fine moneys under division (F)(1) of this section or	1112
division (B) of section 2925.42 of the Revised Code shall prepare	1113
a report covering the calendar year that cumulates all of the	1114
information contained in all of the public financial records kept	1115
by the agency pursuant to division (F)(2)(a) of this section for	1116
that calendar year, and shall send a copy of the cumulative	1117
report, no later than the first day of March in the calendar year	1118
following the calendar year covered by the report, to the attorney	1119
general. Each report received by the attorney general is a public	1120
record open for inspection under section 149.43 of the Revised	1121
Code. Not later than the fifteenth day of April in the calendar	1122
year in which the reports are received, the attorney general shall	1123
send to the president of the senate and the speaker of the house	1124
of representatives a written notification that does all of the	1125
following:	1126

(i) Indicates that the attorney general has received from law	1127
enforcement agencies reports of the type described in this	1128
division that cover the previous calendar year and indicates that	1129
the reports were received under this division;	1130

(ii) Indicates that the reports are open for inspection under	1131
section 149.43 of the Revised Code;	1132

(iii) Indicates that the attorney general will provide a copy	1133
of any or all of the reports to the president of the senate or the	1134
speaker of the house of representatives upon request.	1135

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

1136

(a) "Law enforcement agencies" includes, but is not limited	1137
to, the state board of pharmacy and the office of a prosecutor.	1138

(b) "Prosecutor" has the same meaning as in section 2935.01	1139
of the Revised Code.	1140

(G) When required under division (D)(2) of this section or	1141
any other provision of this chapter, the court shall suspend for	1142
not less than six months or more than five years the driver's or	1143
commercial driver's license or permit of any person who is	1144
convicted of or pleads guilty to any violation of this section or	1145
any other specified provision of this chapter. If an offender's	1146
driver's or commercial driver's license or permit is suspended	1147
pursuant to this division, the offender, at any time after the	1148
expiration of two years from the day on which the offender's	1149
sentence was imposed or from the day on which the offender finally	1150
was released from a prison term under the sentence, whichever is	1151
later, may file a motion with the sentencing court requesting	1152
termination of the suspension; upon the filing of such a motion	1153
and the court's finding of good cause for the termination, the	1154
court may terminate the suspension.	1155

(H)(1) In addition to any prison term authorized or required	1156
by division (C) of this section and sections 2929.13 and 2929.14	1157
of the Revised Code, in addition to any other penalty or sanction	1158
imposed for the offense under this section or sections 2929.11 to	1159
2929.18 of the Revised Code, and in addition to the forfeiture of	1160
property in connection with the offense as prescribed in Chapter	1161
2981. of the Revised Code, the court that sentences an offender	1162
who is convicted of or pleads guilty to a violation of division	1163
(A) of this section may impose upon the offender an additional	1164
fine specified for the offense in division (B)(4) of section	1165
2929.18 of the Revised Code. A fine imposed under division (H)(1)	1166
of this section is not subject to division (F) of this section and	1167
shall be used solely for the support of one or more eligible	1168
alcohol and drug addiction programs in accordance with divisions	1169
(H)(2) and (3) of this section.	1170

(2) The court that imposes a fine under division (H)(1) of	1171
this section shall specify in the judgment that imposes the fine	1172
one or more eligible alcohol and drug addiction programs for the	1173
support of which the fine money is to be used. No alcohol and drug	1174
addiction program shall receive or use money paid or collected in	1175
satisfaction of a fine imposed under division (H)(1) of this	1176
section unless the program is specified in the judgment that	1177
imposes the fine. No alcohol and drug addiction program shall be	1178
specified in the judgment unless the program is an eligible	1179
alcohol and drug addiction program and, except as otherwise	1180
provided in division (H)(2) of this section, unless the program is	1181
located in the county in which the court that imposes the fine is	1182
located or in a county that is immediately contiguous to the	1183
county in which that court is located. If no eligible alcohol and	1184
drug addiction program is located in any of those counties, the	1185
judgment may specify an eligible alcohol and drug addiction	1186
program that is located anywhere within this state.	1187

(3) Notwithstanding any contrary provision of section 3719.21	1188
of the Revised Code, the clerk of the court shall pay any fine	1189
imposed under division (H)(1) of this section to the eligible	1190
alcohol and drug addiction program specified pursuant to division	1191
(H)(2) of this section in the judgment. The eligible alcohol and	1192
drug addiction program that receives the fine moneys shall use the	1193
moneys only for the alcohol and drug addiction services identified	1194
in the application for certification under section 3793.06 of the	1195
Revised Code or in the application for a license under section	1196
3793.11 of the Revised Code filed with the department of alcohol	1197
and drug addiction services by the alcohol and drug addiction	1198
program specified in the judgment.	1199

(4) Each alcohol and drug addiction program that receives in	1200
a calendar year any fine moneys under division (H)(3) of this	1201
section shall file an annual report covering that calendar year	1202
with the court of common pleas and the board of county	1203
commissioners of the county in which the program is located, with	1204
the court of common pleas and the board of county commissioners of	1205
each county from which the program received the moneys if that	1206
county is different from the county in which the program is	1207
located, and with the attorney general. The alcohol and drug	1208
addiction program shall file the report no later than the first	1209
day of March in the calendar year following the calendar year in	1210
which the program received the fine moneys. The report shall	1211
include statistics on the number of persons served by the alcohol	1212
and drug addiction program, identify the types of alcohol and drug	1213
addiction services provided to those persons, and include a	1214
specific accounting of the purposes for which the fine moneys	1215
received were used. No information contained in the report shall	1216
identify, or enable a person to determine the identity of, any	1217
person served by the alcohol and drug addiction program. Each	1218
report received by a court of common pleas, a board of county	1219
commissioners, or the attorney general is a public record open for	1220
inspection under section 149.43 of the Revised Code.	1221

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

1222

(a) "Alcohol and drug addiction program" and "alcohol and	1223
drug addiction services" have the same meanings as in section	1224
3793.01 of the Revised Code.	1225

(b) "Eligible alcohol and drug addiction program" means an	1226
alcohol and drug addiction program that is certified under section	1227
3793.06 of the Revised Code or licensed under section 3793.11 of	1228
the Revised Code by the department of alcohol and drug addiction	1229
services.	1230

(I) As used in this section, "drug" includes any substance	1231
that is represented to be a drug.	1232

(J) It is an affirmative defense to a charge of trafficking	1233
in a controlled substance analog under division (C)(8) of this	1234
section that the person charged with violating that offense sold	1235
or offered to sell, or prepared for shipment, shipped,	1236
transported, delivered, prepared for distribution, or distributed	1237
an item described in division (HH)(2)(a), (b), or (c) of section	1238
3719.01 of the Revised Code.	1239

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	1240
or use a controlled substance or a controlled substance analog.	1241

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

1242

(1) Manufacturers, licensed health professionals authorized	1243
to prescribe drugs, pharmacists, owners of pharmacies, and other	1244
persons whose conduct was in accordance with Chapters 3719.,	1245
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1246

(2) If the offense involves an anabolic steroid, any person	1247
who is conducting or participating in a research project involving	1248
the use of an anabolic steroid if the project has been approved by	1249
the United States food and drug administration;	1250

(3) Any person who sells, offers for sale, prescribes,	1251
dispenses, or administers for livestock or other nonhuman species	1252
an anabolic steroid that is expressly intended for administration	1253
through implants to livestock or other nonhuman species and	1254
approved for that purpose under the "Federal Food, Drug, and	1255
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1256
and is sold, offered for sale, prescribed, dispensed, or	1257
administered for that purpose in accordance with that act;	1258

(4) Any person who obtained the controlled substance pursuant	1259
to a lawful prescription issued by a licensed health professional	1260
authorized to prescribe drugs.	1261

(C) Whoever violates division (A) of this section is guilty	1262
of one of the following:	1263

(1) If the drug involved in the violation is a compound,	1264
mixture, preparation, or substance included in schedule I or II,	1265
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	1266
1-Butyl-3-(1-naphthoyl)indole,	1267
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1268
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1269
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1270
cocaine, L.S.D., heroin, and hashish, and controlled substance	1271
analogs, whoever violates division (A) of this section is guilty	1272
of aggravated possession of drugs. The penalty for the offense	1273
shall be determined as follows:	1274

(a) Except as otherwise provided in division (C)(1)(b), (c),	1275
(d), or (e) of this section, aggravated possession of drugs is a	1276
felony of the fifth degree, and division (B) of section 2929.13 of	1277
the Revised Code applies in determining whether to impose a prison	1278
term on the offender.	1279

(b) If the amount of the drug involved equals or exceeds the	1280
bulk amount but is less than five times the bulk amount,	1281
aggravated possession of drugs is a felony of the third degree,	1282
and there is a presumption for a prison term for the offense.	1283

(c) If the amount of the drug involved equals or exceeds five	1284
times the bulk amount but is less than fifty times the bulk	1285
amount, aggravated possession of drugs is a felony of the second	1286
degree, and the court shall impose as a mandatory prison term one	1287
of the prison terms prescribed for a felony of the second degree.	1288

(d) If the amount of the drug involved equals or exceeds	1289
fifty times the bulk amount but is less than one hundred times the	1290
bulk amount, aggravated possession of drugs is a felony of the	1291
first degree, and the court shall impose as a mandatory prison	1292
term one of the prison terms prescribed for a felony of the first	1293
degree.	1294

(e) If the amount of the drug involved equals or exceeds one	1295
hundred times the bulk amount, aggravated possession of drugs is a	1296
felony of the first degree, the offender is a major drug offender,	1297
and the court shall impose as a mandatory prison term the maximum	1298
prison term prescribed for a felony of the first degree.	1299

(2) If the drug involved in the violation is a compound,	1300
mixture, preparation, or substance included in schedule III, IV,	1301
or V, whoever violates division (A) of this section is guilty of	1302
possession of drugs. The penalty for the offense shall be	1303
determined as follows:	1304

(a) Except as otherwise provided in division (C)(2)(b), (c),	1305
or (d) of this section, possession of drugs is a misdemeanor of	1306
the first degree or, if the offender previously has been convicted	1307
of a drug abuse offense, a felony of the fifth degree.	1308

(b) If the amount of the drug involved equals or exceeds the	1309
bulk amount but is less than five times the bulk amount,	1310
possession of drugs is a felony of the fourth degree, and division	1311
(C) of section 2929.13 of the Revised Code applies in determining	1312
whether to impose a prison term on the offender.	1313

(c) If the amount of the drug involved equals or exceeds five	1314
times the bulk amount but is less than fifty times the bulk	1315
amount, possession of drugs is a felony of the third degree, and	1316
there is a presumption for a prison term for the offense.	1317

(d) If the amount of the drug involved equals or exceeds	1318
fifty times the bulk amount, possession of drugs is a felony of	1319
the second degree, and the court shall impose upon the offender as	1320
a mandatory prison term one of the prison terms prescribed for a	1321
felony of the second degree.	1322

(3) If the drug involved in the violation is marihuana or a	1323
compound, mixture, preparation, or substance containing marihuana	1324
other than hashish, whoever violates division (A) of this section	1325
is guilty of possession of marihuana. The penalty for the offense	1326
shall be determined as follows:	1327

(a) Except as otherwise provided in division (C)(3)(b), (c),	1328
(d), (e), (f), or (g) of this section, possession of marihuana is	1329
a minor misdemeanor.	1330

(b) If the amount of the drug involved equals or exceeds one	1331
hundred grams but is less than two hundred grams, possession of	1332
marihuana is a misdemeanor of the fourth degree.	1333

(c) If the amount of the drug involved equals or exceeds two	1334
hundred grams but is less than one thousand grams, possession of	1335
marihuana is a felony of the fifth degree, and division (B) of	1336
section 2929.13 of the Revised Code applies in determining whether	1337
to impose a prison term on the offender.	1338

(d) If the amount of the drug involved equals or exceeds one	1339
thousand grams but is less than five thousand grams, possession of	1340
marihuana is a felony of the third degree, and division (C) of	1341
section 2929.13 of the Revised Code applies in determining whether	1342
to impose a prison term on the offender.	1343

(e) If the amount of the drug involved equals or exceeds five	1344
thousand grams but is less than twenty thousand grams, possession	1345
of marihuana is a felony of the third degree, and there is a	1346
presumption that a prison term shall be imposed for the offense.	1347

(f) If the amount of the drug involved equals or exceeds	1348
twenty thousand grams but is less than forty thousand grams,	1349
possession of marihuana is a felony of the second degree, and the	1350
court shall impose a mandatory prison term of five, six, seven, or	1351
eight years.	1352

(g) If the amount of the drug involved equals or exceeds	1353
forty thousand grams, possession of marihuana is a felony of the	1354
second degree, and the court shall impose as a mandatory prison	1355
term the maximum prison term prescribed for a felony of the second	1356
degree.	1357

(4) If the drug involved in the violation is cocaine or a	1358
compound, mixture, preparation, or substance containing cocaine,	1359
whoever violates division (A) of this section is guilty of	1360
possession of cocaine. The penalty for the offense shall be	1361
determined as follows:	1362

(a) Except as otherwise provided in division (C)(4)(b), (c),	1363
(d), (e), or (f) of this section, possession of cocaine is a	1364
felony of the fifth degree, and division (B) of section 2929.13 of	1365
the Revised Code applies in determining whether to impose a prison	1366
term on the offender.	1367

(b) If the amount of the drug involved equals or exceeds five	1368
grams but is less than ten grams of cocaine, possession of cocaine	1369
is a felony of the fourth degree, and division (B) of section	1370
2929.13 of the Revised Code applies in determining whether to	1371
impose a prison term on the offender.	1372

(c) If the amount of the drug involved equals or exceeds ten	1373
grams but is less than twenty grams of cocaine, possession of	1374
cocaine is a felony of the third degree, and, except as otherwise	1375
provided in this division, there is a presumption for a prison	1376
term for the offense. If possession of cocaine is a felony of the	1377
third degree under this division and if the offender two or more	1378
times previously has been convicted of or pleaded guilty to a	1379
felony drug abuse offense, the court shall impose as a mandatory	1380
prison term one of the prison terms prescribed for a felony of the	1381
third degree.	1382

(d) If the amount of the drug involved equals or exceeds	1383
twenty grams but is less than twenty-seven grams of cocaine,	1384
possession of cocaine is a felony of the second degree, and the	1385
court shall impose as a mandatory prison term one of the prison	1386
terms prescribed for a felony of the second degree.	1387

(e) If the amount of the drug involved equals or exceeds	1388
twenty-seven grams but is less than one hundred grams of cocaine,	1389
possession of cocaine is a felony of the first degree, and the	1390
court shall impose as a mandatory prison term one of the prison	1391
terms prescribed for a felony of the first degree.	1392

(f) If the amount of the drug involved equals or exceeds one	1393
hundred grams of cocaine, possession of cocaine is a felony of the	1394
first degree, the offender is a major drug offender, and the court	1395
shall impose as a mandatory prison term the maximum prison term	1396
prescribed for a felony of the first degree.	1397

(5) If the drug involved in the violation is L.S.D., whoever	1398
violates division (A) of this section is guilty of possession of	1399
L.S.D. The penalty for the offense shall be determined as follows:	1400

(a) Except as otherwise provided in division (C)(5)(b), (c),	1401
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1402
of the fifth degree, and division (B) of section 2929.13 of the	1403
Revised Code applies in determining whether to impose a prison	1404
term on the offender.	1405

(b) If the amount of L.S.D. involved equals or exceeds ten	1406
unit doses but is less than fifty unit doses of L.S.D. in a solid	1407
form or equals or exceeds one gram but is less than five grams of	1408
L.S.D. in a liquid concentrate, liquid extract, or liquid	1409
distillate form, possession of L.S.D. is a felony of the fourth	1410
degree, and division (C) of section 2929.13 of the Revised Code	1411
applies in determining whether to impose a prison term on the	1412
offender.	1413

(c) If the amount of L.S.D. involved equals or exceeds fifty	1414
unit doses, but is less than two hundred fifty unit doses of	1415
L.S.D. in a solid form or equals or exceeds five grams but is less	1416
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1417
extract, or liquid distillate form, possession of L.S.D. is a	1418
felony of the third degree, and there is a presumption for a	1419
prison term for the offense.	1420

(d) If the amount of L.S.D. involved equals or exceeds two	1421
hundred fifty unit doses but is less than one thousand unit doses	1422
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1423
but is less than one hundred grams of L.S.D. in a liquid	1424
concentrate, liquid extract, or liquid distillate form, possession	1425
of L.S.D. is a felony of the second degree, and the court shall	1426
impose as a mandatory prison term one of the prison terms	1427
prescribed for a felony of the second degree.	1428

(e) If the amount of L.S.D. involved equals or exceeds one	1429
thousand unit doses but is less than five thousand unit doses of	1430
L.S.D. in a solid form or equals or exceeds one hundred grams but	1431
is less than five hundred grams of L.S.D. in a liquid concentrate,	1432
liquid extract, or liquid distillate form, possession of L.S.D. is	1433
a felony of the first degree, and the court shall impose as a	1434
mandatory prison term one of the prison terms prescribed for a	1435
felony of the first degree.	1436

(f) If the amount of L.S.D. involved equals or exceeds five	1437
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1438
five hundred grams of L.S.D. in a liquid concentrate, liquid	1439
extract, or liquid distillate form, possession of L.S.D. is a	1440
felony of the first degree, the offender is a major drug offender,	1441
and the court shall impose as a mandatory prison term the maximum	1442
prison term prescribed for a felony of the first degree.	1443

(6) If the drug involved in the violation is heroin or a	1444
compound, mixture, preparation, or substance containing heroin,	1445
whoever violates division (A) of this section is guilty of	1446
possession of heroin. The penalty for the offense shall be	1447
determined as follows:	1448

(a) Except as otherwise provided in division (C)(6)(b), (c),	1449
(d), (e), or (f) of this section, possession of heroin is a felony	1450
of the fifth degree, and division (B) of section 2929.13 of the	1451
Revised Code applies in determining whether to impose a prison	1452
term on the offender.	1453

(b) If the amount of the drug involved equals or exceeds ten	1454
unit doses but is less than fifty unit doses or equals or exceeds	1455
one gram but is less than five grams, possession of heroin is a	1456
felony of the fourth degree, and division (C) of section 2929.13	1457
of the Revised Code applies in determining whether to impose a	1458
prison term on the offender.	1459

(c) If the amount of the drug involved equals or exceeds	1460
fifty unit doses but is less than one hundred unit doses or equals	1461
or exceeds five grams but is less than ten grams, possession of	1462
heroin is a felony of the third degree, and there is a presumption	1463
for a prison term for the offense.	1464

(d) If the amount of the drug involved equals or exceeds one	1465
hundred unit doses but is less than five hundred unit doses or	1466
equals or exceeds ten grams but is less than fifty grams,	1467
possession of heroin is a felony of the second degree, and the	1468
court shall impose as a mandatory prison term one of the prison	1469
terms prescribed for a felony of the second degree.	1470

(e) If the amount of the drug involved equals or exceeds five	1471
hundred unit doses but is less than two thousand five hundred unit	1472
doses or equals or exceeds fifty grams but is less than two	1473
hundred fifty grams, possession of heroin is a felony of the first	1474
degree, and the court shall impose as a mandatory prison term one	1475
of the prison terms prescribed for a felony of the first degree.	1476

(f) If the amount of the drug involved equals or exceeds two	1477
thousand five hundred unit doses or equals or exceeds two hundred	1478
fifty grams, possession of heroin is a felony of the first degree,	1479
the offender is a major drug offender, and the court shall impose	1480
as a mandatory prison term the maximum prison term prescribed for	1481
a felony of the first degree.	1482

(7) If the drug involved in the violation is hashish or a	1483
compound, mixture, preparation, or substance containing hashish,	1484
whoever violates division (A) of this section is guilty of	1485
possession of hashish. The penalty for the offense shall be	1486
determined as follows:	1487

(a) Except as otherwise provided in division (C)(7)(b), (c),	1488
(d), (e), (f), or (g) of this section, possession of hashish is a	1489
minor misdemeanor.	1490

(b) If the amount of the drug involved equals or exceeds five	1491
grams but is less than ten grams of hashish in a solid form or	1492
equals or exceeds one gram but is less than two grams of hashish	1493
in a liquid concentrate, liquid extract, or liquid distillate	1494
form, possession of hashish is a misdemeanor of the fourth degree.	1495

(c) If the amount of the drug involved equals or exceeds ten	1496
grams but is less than fifty grams of hashish in a solid form or	1497
equals or exceeds two grams but is less than ten grams of hashish	1498
in a liquid concentrate, liquid extract, or liquid distillate	1499
form, possession of hashish is a felony of the fifth degree, and	1500
division (B) of section 2929.13 of the Revised Code applies in	1501
determining whether to impose a prison term on the offender.	1502

(d) If the amount of the drug involved equals or exceeds	1503
fifty grams but is less than two hundred fifty grams of hashish in	1504
a solid form or equals or exceeds ten grams but is less than fifty	1505
grams of hashish in a liquid concentrate, liquid extract, or	1506
liquid distillate form, possession of hashish is a felony of the	1507
third degree, and division (C) of section 2929.13 of the Revised	1508
Code applies in determining whether to impose a prison term on the	1509
offender.	1510

(e) If the amount of the drug involved equals or exceeds two	1511
hundred fifty grams but is less than one thousand grams of hashish	1512
in a solid form or equals or exceeds fifty grams but is less than	1513
two hundred grams of hashish in a liquid concentrate, liquid	1514
extract, or liquid distillate form, possession of hashish is a	1515
felony of the third degree, and there is a presumption that a	1516
prison term shall be imposed for the offense.	1517

(f) If the amount of the drug involved equals or exceeds one	1518
thousand grams but is less than two thousand grams of hashish in a	1519
solid form or equals or exceeds two hundred grams but is less than	1520
four hundred grams of hashish in a liquid concentrate, liquid	1521
extract, or liquid distillate form, possession of hashish is a	1522
felony of the second degree, and the court shall impose a	1523
mandatory prison term of five, six, seven, or eight years.	1524

(g) If the amount of the drug involved equals or exceeds two	1525
thousand grams of hashish in a solid form or equals or exceeds	1526
four hundred grams of hashish in a liquid concentrate, liquid	1527
extract, or liquid distillate form, possession of hashish is a	1528
felony of the second degree, and the court shall impose as a	1529
mandatory prison term the maximum prison term prescribed for a	1530
felony of the second degree.	1531

(8) If the drug involved is 1-Pentyl-3-(1-naphthoyl)indole,	1532
1-Butyl-3-(1-naphthoyl)indole,	1533
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1534
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1535
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	1536
compound, mixture, preparation, or substance containing	1537
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1538
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1539
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1540
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenola	1541
controlled substance analog or compound, mixture, preparation, or	1542
substance that contains a controlled substance analog, whoever	1543
violates division (A) of this section is guilty of possession of	1544
spice, a minor misdemeanora controlled substance analog. The	1545
penalty for the offense shall be determined as follows:	1546

(a) Except as otherwise provided in division (C)(8)(b), (c),	1547
(d), (e), or (f) of this section, possession of a controlled	1548
substance analog is a felony of the fifth degree, and division (B)	1549
of section 2929.13 of the Revised Code applies in determining	1550
whether to impose a prison term on the offender.	1551

(b) If the amount of the drug involved equals or exceeds ten	1552
grams but is less than twenty grams, possession of a controlled	1553
substance analog is a felony of the fourth degree, and there is a	1554
presumption for a prison term for the offense.	1555

(c) If the amount of the drug involved equals or exceeds	1556
twenty grams but is less than thirty grams, possession of a	1557
controlled substance analog is a felony of the third degree, and	1558
there is a presumption for a prison term for the offense.	1559

(d) If the amount of the drug involved equals or exceeds	1560
thirty grams but is less than forty grams, possession of a	1561
controlled substance analog is a felony of the second degree, and	1562
the court shall impose as a mandatory prison term one of the	1563
prison terms prescribed for a felony of the second degree.	1564

(e) If the amount of the drug involved equals or exceeds	1565
forty grams but is less than fifty grams, possession of a	1566
controlled substance analog is a felony of the first degree, and	1567
the court shall impose as a mandatory prison term one of the	1568
prison terms prescribed for a felony of the first degree.	1569

(f) If the amount of the drug involved equals or exceeds	1570
fifty grams, possession of a controlled substance analog is a	1571
felony of the first degree, the offender is a major drug offender,	1572
and the court shall impose as a mandatory prison term the maximum	1573
prison term prescribed for a felony of the first degree.	1574

(D) Arrest or conviction for a minor misdemeanor violation of	1575
this section does not constitute a criminal record and need not be	1576
reported by the person so arrested or convicted in response to any	1577
inquiries about the person's criminal record, including any	1578
inquiries contained in any application for employment, license, or	1579
other right or privilege, or made in connection with the person's	1580
appearance as a witness.	1581

(E) In addition to any prison term or jail term authorized or	1582
required by division (C) of this section and sections 2929.13,	1583
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1584
addition to any other sanction that is imposed for the offense	1585
under this section, sections 2929.11 to 2929.18, or sections	1586
2929.21 to 2929.28 of the Revised Code, the court that sentences	1587
an offender who is convicted of or pleads guilty to a violation of	1588
division (A) of this section shall do all of the following that	1589
are applicable regarding the offender:	1590

(1)(a) If the violation is a felony of the first, second, or	1591
third degree, the court shall impose upon the offender the	1592
mandatory fine specified for the offense under division (B)(1) of	1593
section 2929.18 of the Revised Code unless, as specified in that	1594
division, the court determines that the offender is indigent.	1595

(b) Notwithstanding any contrary provision of section 3719.21	1596
of the Revised Code, the clerk of the court shall pay a mandatory	1597
fine or other fine imposed for a violation of this section	1598
pursuant to division (A) of section 2929.18 of the Revised Code in	1599
accordance with and subject to the requirements of division (F) of	1600
section 2925.03 of the Revised Code. The agency that receives the	1601
fine shall use the fine as specified in division (F) of section	1602
2925.03 of the Revised Code.	1603

(c) If a person is charged with a violation of this section	1604
that is a felony of the first, second, or third degree, posts	1605
bail, and forfeits the bail, the clerk shall pay the forfeited	1606
bail pursuant to division (E)(1)(b) of this section as if it were	1607
a mandatory fine imposed under division (E)(1)(a) of this section.	1608

(2) The court shall suspend for not less than six months or	1609
more than five years the offender's driver's or commercial	1610
driver's license or permit.	1611

(3) If the offender is a professionally licensed person, in	1612
addition to any other sanction imposed for a violation of this	1613
section, the court immediately shall comply with section 2925.38	1614
of the Revised Code.	1615

(F) It is an affirmative defense, as provided in section	1616
2901.05 of the Revised Code, to a charge of a fourth degree felony	1617
violation under this section that the controlled substance that	1618
gave rise to the charge is in an amount, is in a form, is	1619
prepared, compounded, or mixed with substances that are not	1620
controlled substances in a manner, or is possessed under any other	1621
circumstances, that indicate that the substance was possessed	1622
solely for personal use. Notwithstanding any contrary provision of	1623
this section, if, in accordance with section 2901.05 of the	1624
Revised Code, an accused who is charged with a fourth degree	1625
felony violation of division (C)(2), (4), (5), or (6) of this	1626
section sustains the burden of going forward with evidence of and	1627
establishes by a preponderance of the evidence the affirmative	1628
defense described in this division, the accused may be prosecuted	1629
for and may plead guilty to or be convicted of a misdemeanor	1630
violation of division (C)(2) of this section or a fifth degree	1631
felony violation of division (C)(4), (5), or (6) of this section	1632
respectively.	1633

(G) When a person is charged with possessing a bulk amount or	1634
multiple of a bulk amount, division (E) of section 2925.03 of the	1635
Revised Code applies regarding the determination of the amount of	1636
the controlled substance involved at the time of the offense.	1637

(H) It is an affirmative defense to a charge of possession of	1638
a controlled substance analog under division (C)(8) of this	1639
section that the person charged with violating that offense	1640
obtained, possessed, or used an item described in division	1641
(HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.	1642

Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of	1643
the Revised Code:	1644

(1) "Consumer product" means any food or drink that is	1645
consumed or used by humans and any drug, including a drug that may	1646
be provided legally only pursuant to a prescription, that is	1647
intended to be consumed or used by humans.	1648

(2) "Terminal distributor of dangerous drugs" has the same	1649
meaning as in section 4729.01 of the Revised Code.	1650

(3) "Pseudoephedrine" means any material, compound, mixture,	1651
or preparation that contains any quantity of pseudoephedrine, any	1652
of its salts, optical isomers, or salts of optical isomers.	1653

(4) "Pseudoephedrine product" means a consumer product	1654
consisting of a single-ingredient preparation ofthat contains	1655
pseudoephedrine in which pseudoephedrine is the active	1656
ingredient. "Pseudoephedrine product" does not include either of	1657
the following:	1658

(a) A consumer product containing pseudoephedrine that is in	1659
a liquid, liquid capsule, or gel capsule form;	1660

(b) A consumer product primarily intended for administration	1661
to children under twelve years of age, according to the label	1662
instructions, in solid dosage form, including chewable tablets,	1663
when individual dosage units do not exceed fifteen milligrams of	1664
pseudoephedrine.	1665

(5) "Retailer" means a place of business that offers consumer	1666
products for sale to the general public.	1667

(6) "Single-ingredient preparation" means a compound,	1668
mixture, preparation, or substance that contains a single active	1669
ingredient.	1670

(7) "Ephedrine" means any material, compound, mixture, or	1671
preparation that contains any quantity of ephedrine, any of its	1672
salts, optical isomers, or salts of optical isomers.	1673

(8) "Ephedrine product" means a consumer product that	1674
contains ephedrine.	1675

(B)(1) No individual shall knowingly purchase, receive, or	1676
otherwise acquire more than nine grams of anyan amount of	1677
pseudoephedrine product within a period of thirty consecutive	1678
days,or ephedrine product that is greater than either of the	1679
following unless the pseudoephedrine product or ephedrine product	1680
is dispensed by a pharmacist pursuant to a valid prescription	1681
issued by a licensed health professional authorized to prescribe	1682
drugs and the conduct of the pharmacist and the licensed health	1683
professional authorized to prescribe drugs is in accordance with	1684
Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the	1685
Revised Code:	1686

(a) Three and six tenths grams within a period of a single	1687
day;	1688

(b) Nine grams within a period of thirty consecutive days.

1689

The limits specified in divisions (B)(1)(a) and (b) of this	1690
section apply to the total amount of base pseudoephedrine or base	1691
ephedrine in the pseudoephedrine product or ephedrine product,	1692
respectively. The limits do not apply to the product's overall	1693
weight.	1694

(2) It is not a violation of division (B)(1) of this section	1695
for an individual to receive or accept more than nine grams of any	1696
an amount of pseudoephedrine product within a period of thirty	1697
consecutive daysor ephedrine product specified in division	1698
(B)(1)(a) or (b) of this section if the individual is an employee	1699
of a retailer or terminal distributor of dangerous drugs, and the	1700
employee receives or accepts from the retailer or terminal	1701
distributor of dangerous drugs the pseudoephedrine product or	1702
ephedrine product in a sealed container in connection with	1703
manufacturing, warehousing, placement, stocking, bagging, loading,	1704
or unloading of the product.	1705

(C)(1) No individual under eighteen years of age shall	1706
knowingly purchase, receive, or otherwise acquire a	1707
pseudoephedrine product,or ephedrine product unless the	1708
pseudoephedrine product or ephedrine product is dispensed by a	1709
pharmacist pursuant to a valid prescription issued by a licensed	1710
health professional authorized to prescribe drugs and the conduct	1711
of the pharmacist and the licensed health professional authorized	1712
to prescribe drugs is in accordance with Chapter 3719., 4715.,	1713
4723., 4729., 4730., 4731., or 4741. of the Revised Code.	1714

(2) Division (C)(1) of this section does not apply to an	1715
individual under eighteen years of age who purchases, receives, or	1716
otherwise acquires a pseudoephedrine product or ephedrine product	1717
from any of the following:	1718

(a) A licensed health professional authorized to prescribe	1719
drugs or pharmacist who dispenses, sells, or otherwise provides	1720
the pseudoephedrine product or ephedrine product to that	1721
individual and whose conduct is in accordance with Chapter 3719.,	1722
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;	1723

(b) A parent or guardian of that individual who provides the	1724
pseudoephedrine product or ephedrine product to the individual;	1725

(c) A person, as authorized by that individual's parent or	1726
guardian, who dispenses, sells, or otherwise provides the	1727
pseudoephedrine product or ephedrine product to the individual;	1728

(d) A retailer or terminal distributor of dangerous drugs who	1729
provides the pseudoephedrine product or ephedrine product to that	1730
individual if the individual is an employee of the retailer or	1731
terminal distributor of dangerous drugs and the individual	1732
receives or accepts from the retailer or terminal distributor of	1733
dangerous drugs the pseudoephedrine product or ephedrine product	1734
in a sealed container in connection with manufacturing,	1735
warehousing, placement, stocking, bagging, loading, or unloading	1736
of the product.	1737

(D) No individual under eighteen years of age shall knowingly	1738
show or give false information concerning the individual's name,	1739
age, or other identification for the purpose of purchasing,	1740
receiving, or otherwise acquiring a pseudoephedrine product or	1741
ephedrine product.	1742

(E) No individual shall knowingly fail to comply with the	1743
requirements of division (C)(3)(B) of section 3715.053715.051 of	1744
the Revised Code.	1745

(F) Whoever violates division (B)(1) of this section is	1746
guilty of unlawful purchase of a pseudoephedrine product or	1747
ephedrine product, a misdemeanor of the first degree.	1748

(G) Whoever violates division (C)(1) of this section is	1749
guilty of underage purchase of a pseudoephedrine product or	1750
ephedrine product, a delinquent act that would be a misdemeanor of	1751
the fourth degree if it could be committed by an adult.	1752

(H) Whoever violates division (D) of this section is guilty	1753
of using false information to purchase a pseudoephedrine product	1754
or ephedrine product, a delinquent act that would be a misdemeanor	1755
of the first degree if it could be committed by an adult.	1756

(I) Whoever violates division (E) of this section is guilty	1757
of improper purchase of a pseudoephedrine product or ephedrine	1758
product, a misdemeanor of the fourth degree.	1759

Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of	1760
this section, no retailer or terminal distributor of dangerous	1761
drugs or an employee of a retailer or terminal distributor of	1762
dangerous drugs shall knowingly sell, offer to sell, hold for	1763
sale, deliver, or otherwise provide to any individual within a	1764
period of thirty consecutive days an amount of pseudoephedrine	1765
product or ephedrine product that is greater than nine grams	1766
either of the following:	1767

(a) Three and six tenths grams within a period of a single	1768
day;	1769

(b) Nine grams within a period of thirty consecutive days.

1770

The maximum amounts specified in divisions (A)(1)(a) and (b)	1771
of this section apply to the total amount of base pseudoephedrine	1772
or base ephedrine in the pseudoephedrine product or ephedrine	1773
product, respectively. The maximum amounts do not apply to the	1774
product's overall weight.	1775

(2)(a) Division (A)(1) of this section does not apply to any	1776
quantity of pseudoephedrine product or ephedrine product dispensed	1777
by a pharmacist pursuant to a valid prescription issued by a	1778
licensed health professional authorized to prescribe drugs if the	1779
conduct of the pharmacist and the licensed health professional	1780
authorized to prescribe drugs is in accordance with Chapter 3719.,	1781
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.	1782

(b) It is not a violation of division (A)(1) of this section	1783
for a retailer, terminal distributor of dangerous drugs, or	1784
employee of either to provide to an individual more than nine	1785
grams of anyan amount of pseudoephedrine product within a period	1786
of thirty consecutive days if theor ephedrine product specified	1787
in division (A)(1)(a) or (b) of this section under either of the	1788
following circumstances:	1789

(i) The individual is an employee of the retailer or terminal	1790
distributor of dangerous drugs, and the employee receives or	1791
accepts from the retailer, terminal distributor of dangerous	1792
drugs, or employee the pseudoephedrine product or ephedrine	1793
product in a sealed container in connection with manufacturing,	1794
warehousing, placement, stocking, bagging, loading, or unloading	1795
of the product;	1796

(ii) A stop-sale alert is generated after the submission of	1797
information to the national precursor log exchange under the	1798
conditions described in division (A)(2) of section 3715.052 of the	1799
Revised Code.	1800

(B)(1) Except as provided in division (B)(2) of this section,	1801
no retailer or terminal distributor of dangerous drugs or an	1802
employee of a retailer or terminal distributor of dangerous drugs	1803
shall sell, offer to sell, hold for sale, deliver, or otherwise	1804
provide a pseudoephedrine product or ephedrine product to an	1805
individual who is under eighteen years of age.	1806

(2) Division (B)(1) of this section does not apply to any of	1807
the following:	1808

(a) A licensed health professional authorized to prescribe	1809
drugs or pharmacist who dispenses, sells, or otherwise provides a	1810
pseudoephedrine product or ephedrine product to an individual	1811
under eighteen years of age and whose conduct is in accordance	1812
with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of	1813
the Revised Code;	1814

(b) A parent or guardian of an individual under eighteen	1815
years of age who provides a pseudoephedrine product or ephedrine	1816
product to the individual;	1817

(c) A person who, as authorized by the individual's parent or	1818
guardian, dispenses, sells, or otherwise provides a	1819
pseudoephedrine product or ephedrine product to an individual	1820
under eighteen years of age;	1821

(d) The provision by a retailer, terminal distributor of	1822
dangerous drugs, or employee of either of a pseudoephedrine	1823
product or ephedrine product in a sealed container to an employee	1824
of the retailer or terminal distributor of dangerous drugs who is	1825
under eighteen years of age in connection with manufacturing,	1826
warehousing, placement, stocking, bagging, loading, or unloading	1827
of the product.	1828

(C) No retailer or terminal distributor of dangerous drugs	1829
shall fail to comply with the requirements of division (C)(2)(A)	1830
of section 3715.053715.051 or division (A)(2) of section 3715.052	1831
of the Revised Code.	1832

(D) No retailer or terminal distributor of dangerous drugs	1833
shall fail to comply with the requirements of division (A)(1) of	1834
section 3715.052 of the Revised Code.	1835

(E) Whoever violates division (A)(1) of this section is	1836
guilty of unlawfully selling a pseudoephedrine product or	1837
ephedrine product, a misdemeanor of the first degree.	1838

(E)(F) Whoever violates division (B)(1) of this section is	1839
guilty of unlawfully selling a pseudoephedrine product or	1840
ephedrine product to a minor, a misdemeanor of the fourth degree.	1841

(F)(G) Whoever violates division (C) of this section is	1842
guilty of improper sale of a pseudoephedrine product or ephedrine	1843
product, a misdemeanor of the second degree.	1844

(H) Whoever violates division (D) of this section is guilty	1845
of failing to submit information to the national precursor log	1846
exchange, a misdemeanor for which the offender shall be fined not	1847
more than one thousand dollars per violation.	1848

Sec. 2925.57. (A) As used in this section and section 2925.58	1849
of the Revised Code:	1850

(1) "Card holder" means any person who presents a driver's or	1851
commercial driver's license or an identification card to a seller,	1852
or an agent or employee of a seller, to purchase or receive any	1853
pseudoephedrine product or ephedrine product from the seller,	1854
agent, or employee.	1855

(2) "Identification card" and "transaction scan device" have	1856
the same meanings as in section 2927.021 of the Revised Code.	1857

(3) "Seller" means a retailer or terminal distributor of	1858
dangerous drugs.	1859

(4) "Transaction scan" means the process by which a seller or	1860
an agent or employee of a seller checks by means of a transaction	1861
scan device the validity of a driver's or commercial driver's	1862
license or an identification card that is presented as a condition	1863
for purchasing or receiving any pseudoephedrine product or	1864
ephedrine product.	1865

(B)(1) A seller or an agent or employee of a seller may	1866
perform a transaction scan by means of a transaction scan device	1867
to check the validity of a driver's or commercial driver's license	1868
or identification card presented by a card holder as a condition	1869
for selling, giving away, or otherwise distributing to the card	1870
holder a pseudoephedrine product or ephedrine product.	1871

(2) If the information deciphered by the transaction scan	1872
performed under division (B)(1) of this section fails to match the	1873
information printed on the driver's or commercial driver's license	1874
or identification card presented by the card holder, or if the	1875
transaction scan indicates that the information so printed is	1876
false or fraudulent, neither the seller nor any agent or employee	1877
of the seller shall sell, give away, or otherwise distribute any	1878
pseudoephedrine product or ephedrine product to the card holder.	1879

(3) Division (B)(1) of this section does not preclude a	1880
seller or an agent or employee of a seller as a condition for	1881
selling, giving away, or otherwise distributing a pseudoephedrine	1882
product or ephedrine product to the person presenting the document	1883
from using a transaction scan device to check the validity of a	1884
document other than a driver's or commercial driver's license or	1885
an identification card if the document includes a bar code or	1886
magnetic strip that may be scanned by the device.	1887

(C) Rules adopted by the registrar of motor vehicles under	1888
division (C) of section 4301.61 of the Revised Code apply to the	1889
use of transaction scan devices for purposes of this section and	1890
section 2925.58 of the Revised Code.	1891

(D)(1) No seller or agent or employee of a seller shall	1892
electronically or mechanically record or maintain any information	1893
derived from a transaction scan, except the following:	1894

(a) The name, address, and date of birth of the person listed	1895
on the driver's or commercial driver's license or identification	1896
card presented by a card holder;	1897

(b) The expiration date and, identification number, and	1898
issuing agency of the driver's or commercial driver's license or	1899
identification card presented by a card holder.	1900

(2) No seller or agent or employee of a seller shall use the	1901
information that is derived from a transaction scan or that is	1902
permitted to be recorded and maintained under division (D)(1) of	1903
this section except for purposes of section 2925.58 or division	1904
(A)(1) of section 3715.052 of the Revised Code.	1905

(3) No seller or agent or employee of a seller shall use a	1906
transaction scan device for a purpose other than the purpose	1907
specified in division (B)(1) of this section.	1908

(4) No seller or agent or employee of a seller shall sell or	1909
otherwise disseminate the information derived from a transaction	1910
scan to any third party, including, but not limited to, selling or	1911
otherwise disseminating that information for any marketing,	1912
advertising, or promotional activities, but a seller or agent or	1913
employee of a seller may release that information pursuant to a	1914
court order or as specifically authorized by section 2925.58 or	1915
another section of the Revised Code.	1916

(E) Nothing in this section or section 2925.58 of the Revised	1917
Code relieves a seller or an agent or employee of a seller of any	1918
responsibility to comply with any other applicable state or	1919
federal laws or rules governing the sale, giving away, or other	1920
distribution of pseudoephedrine products or ephedrine products.	1921

(F) Whoever violates division (B)(2) or (D) of this section	1922
is guilty of engaging in an illegal pseudoephedrine product or	1923
ephedrine product transaction scan, and the court may impose upon	1924
the offender a civil penalty of up to one thousand dollars for	1925
each violation. The clerk of the court shall pay each collected	1926
civil penalty to the county treasurer for deposit into the county	1927
treasury.	1928

Sec. 2929.01.  As used in this chapter:

1929

(A)(1) "Alternative residential facility" means, subject to	1930
division (A)(2) of this section, any facility other than an	1931
offender's home or residence in which an offender is assigned to	1932
live and that satisfies all of the following criteria:	1933

(a) It provides programs through which the offender may seek	1934
or maintain employment or may receive education, training,	1935
treatment, or habilitation.	1936

(b) It has received the appropriate license or certificate	1937
for any specialized education, training, treatment, habilitation,	1938
or other service that it provides from the government agency that	1939
is responsible for licensing or certifying that type of education,	1940
training, treatment, habilitation, or service.	1941

(2) "Alternative residential facility" does not include a	1942
community-based correctional facility, jail, halfway house, or	1943
prison.	1944

(B) "Basic probation supervision" means a requirement that	1945
the offender maintain contact with a person appointed to supervise	1946
the offender in accordance with sanctions imposed by the court or	1947
imposed by the parole board pursuant to section 2967.28 of the	1948
Revised Code. "Basic probation supervision" includes basic parole	1949
supervision and basic post-release control supervision.	1950

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	1951
same meanings as in section 2925.01 of the Revised Code.	1952

(D) "Community-based correctional facility" means a	1953
community-based correctional facility and program or district	1954
community-based correctional facility and program developed	1955
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1956

(E) "Community control sanction" means a sanction that is not	1957
a prison term and that is described in section 2929.15, 2929.16,	1958
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1959
a jail term and that is described in section 2929.26, 2929.27, or	1960
2929.28 of the Revised Code. "Community control sanction" includes	1961
probation if the sentence involved was imposed for a felony that	1962
was committed prior to July 1, 1996, or if the sentence involved	1963
was imposed for a misdemeanor that was committed prior to January	1964
1, 2004.	1965

(F) "Controlled substance," "marihuana," "schedule I," and	1966
"schedule II" have the same meanings as in section 3719.01 of the	1967
Revised Code.	1968

(G) "Curfew" means a requirement that an offender during a	1969
specified period of time be at a designated place.	1970

(H) "Day reporting" means a sanction pursuant to which an	1971
offender is required each day to report to and leave a center or	1972
other approved reporting location at specified times in order to	1973
participate in work, education or training, treatment, and other	1974
approved programs at the center or outside the center.	1975

(I) "Deadly weapon" has the same meaning as in section	1976
2923.11 of the Revised Code.	1977

(J) "Drug and alcohol use monitoring" means a program under	1978
which an offender agrees to submit to random chemical analysis of	1979
the offender's blood, breath, or urine to determine whether the	1980
offender has ingested any alcohol or other drugs.	1981

(K) "Drug treatment program" means any program under which a	1982
person undergoes assessment and treatment designed to reduce or	1983
completely eliminate the person's physical or emotional reliance	1984
upon alcohol, another drug, or alcohol and another drug and under	1985
which the person may be required to receive assessment and	1986
treatment on an outpatient basis or may be required to reside at a	1987
facility other than the person's home or residence while	1988
undergoing assessment and treatment.	1989

(L) "Economic loss" means any economic detriment suffered by	1990
a victim as a direct and proximate result of the commission of an	1991
offense and includes any loss of income due to lost time at work	1992
because of any injury caused to the victim, and any property loss,	1993
medical cost, or funeral expense incurred as a result of the	1994
commission of the offense. "Economic loss" does not include	1995
non-economic loss or any punitive or exemplary damages.	1996

(M) "Education or training" includes study at, or in	1997
conjunction with a program offered by, a university, college, or	1998
technical college or vocational study and also includes the	1999
completion of primary school, secondary school, and literacy	2000
curricula or their equivalent.	2001

(N) "Firearm" has the same meaning as in section 2923.11 of	2002
the Revised Code.	2003

(O) "Halfway house" means a facility licensed by the division	2004
of parole and community services of the department of	2005
rehabilitation and correction pursuant to section 2967.14 of the	2006
Revised Code as a suitable facility for the care and treatment of	2007
adult offenders.	2008

(P) "House arrest" means a period of confinement of an	2009
offender that is in the offender's home or in other premises	2010
specified by the sentencing court or by the parole board pursuant	2011
to section 2967.28 of the Revised Code and during which all of the	2012
following apply:	2013

(1) The offender is required to remain in the offender's home	2014
or other specified premises for the specified period of	2015
confinement, except for periods of time during which the offender	2016
is at the offender's place of employment or at other premises as	2017
authorized by the sentencing court or by the parole board.	2018

(2) The offender is required to report periodically to a	2019
person designated by the court or parole board.	2020

(3) The offender is subject to any other restrictions and	2021
requirements that may be imposed by the sentencing court or by the	2022
parole board.	2023

(Q) "Intensive probation supervision" means a requirement	2024
that an offender maintain frequent contact with a person appointed	2025
by the court, or by the parole board pursuant to section 2967.28	2026
of the Revised Code, to supervise the offender while the offender	2027
is seeking or maintaining necessary employment and participating	2028
in training, education, and treatment programs as required in the	2029
court's or parole board's order. "Intensive probation supervision"	2030
includes intensive parole supervision and intensive post-release	2031
control supervision.	2032

(R) "Jail" means a jail, workhouse, minimum security jail, or	2033
other residential facility used for the confinement of alleged or	2034
convicted offenders that is operated by a political subdivision or	2035
a combination of political subdivisions of this state.	2036

(S) "Jail term" means the term in a jail that a sentencing	2037
court imposes or is authorized to impose pursuant to section	2038
2929.24 or 2929.25 of the Revised Code or pursuant to any other	2039
provision of the Revised Code that authorizes a term in a jail for	2040
a misdemeanor conviction.	2041

(T) "Mandatory jail term" means the term in a jail that a	2042
sentencing court is required to impose pursuant to division (G) of	2043
section 1547.99 of the Revised Code, division (E) of section	2044
2903.06 or division (D) of section 2903.08 of the Revised Code,	2045
division (E) or (G) of section 2929.24 of the Revised Code,	2046
division (B) of section 4510.14 of the Revised Code, or division	2047
(G) of section 4511.19 of the Revised Code or pursuant to any	2048
other provision of the Revised Code that requires a term in a jail	2049
for a misdemeanor conviction.	2050

(U) "Delinquent child" has the same meaning as in section	2051
2152.02 of the Revised Code.	2052

(V) "License violation report" means a report that is made by	2053
a sentencing court, or by the parole board pursuant to section	2054
2967.28 of the Revised Code, to the regulatory or licensing board	2055
or agency that issued an offender a professional license or a	2056
license or permit to do business in this state and that specifies	2057
that the offender has been convicted of or pleaded guilty to an	2058
offense that may violate the conditions under which the offender's	2059
professional license or license or permit to do business in this	2060
state was granted or an offense for which the offender's	2061
professional license or license or permit to do business in this	2062
state may be revoked or suspended.	2063

(W) "Major drug offender" means an offender who is convicted	2064
of or pleads guilty to the possession of, sale of, or offer to	2065
sell any drug, compound, mixture, preparation, or substance that	2066
consists of or contains at least one thousand grams of hashish; at	2067
least one hundred grams of cocaine; at least two thousand five	2068
hundred unit doses or two hundred fifty grams of heroin; at least	2069
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	2070
in a liquid concentrate, liquid extract, or liquid distillate	2071
form; at least fifty grams of a controlled substance analog; or at	2072
least one hundred times the amount of any other schedule I or II	2073
controlled substance other than marihuana that is necessary to	2074
commit a felony of the third degree pursuant to section 2925.03,	2075
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	2076
the possession of, sale of, or offer to sell the controlled	2077
substance.	2078

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

2079

(1) Subject to division (X)(2) of this section, the term in	2080
prison that must be imposed for the offenses or circumstances set	2081
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	2082
2929.13 and division (B) of section 2929.14 of the Revised Code.	2083
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	2084
and 2925.11 of the Revised Code, unless the maximum or another	2085
specific term is required under section 2929.14 or 2929.142 of the	2086
Revised Code, a mandatory prison term described in this division	2087
may be any prison term authorized for the level of offense.	2088

(2) The term of sixty or one hundred twenty days in prison	2089
that a sentencing court is required to impose for a third or	2090
fourth degree felony OVI offense pursuant to division (G)(2) of	2091
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	2092
of the Revised Code or the term of one, two, three, four, or five	2093
years in prison that a sentencing court is required to impose	2094
pursuant to division (G)(2) of section 2929.13 of the Revised	2095
Code.	2096

(3) The term in prison imposed pursuant to division (A) of	2097
section 2971.03 of the Revised Code for the offenses and in the	2098
circumstances described in division (F)(11) of section 2929.13 of	2099
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	2100
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	2101
2971.03 of the Revised Code and that term as modified or	2102
terminated pursuant to section 2971.05 of the Revised Code.	2103

(Y) "Monitored time" means a period of time during which an	2104
offender continues to be under the control of the sentencing court	2105
or parole board, subject to no conditions other than leading a	2106
law-abiding life.	2107

(Z) "Offender" means a person who, in this state, is	2108
convicted of or pleads guilty to a felony or a misdemeanor.	2109

(AA) "Prison" means a residential facility used for the	2110
confinement of convicted felony offenders that is under the	2111
control of the department of rehabilitation and correction but	2112
does not include a violation sanction center operated under	2113
authority of section 2967.141 of the Revised Code.	2114

(BB) "Prison term" includes either of the following sanctions	2115
for an offender:	2116

(1) A stated prison term;

2117

(2) A term in a prison shortened by, or with the approval of,	2118
the sentencing court pursuant to section 2929.143, 2929.20,	2119
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	2120

(CC) "Repeat violent offender" means a person about whom both	2121
of the following apply:	2122

(1) The person is being sentenced for committing or for	2123
complicity in committing any of the following:	2124

(a) Aggravated murder, murder, any felony of the first or	2125
second degree that is an offense of violence, or an attempt to	2126
commit any of these offenses if the attempt is a felony of the	2127
first or second degree;	2128

(b) An offense under an existing or former law of this state,	2129
another state, or the United States that is or was substantially	2130
equivalent to an offense described in division (CC)(1)(a) of this	2131
section.	2132

(2) The person previously was convicted of or pleaded guilty	2133
to an offense described in division (CC)(1)(a) or (b) of this	2134
section.	2135

(DD) "Sanction" means any penalty imposed upon an offender	2136
who is convicted of or pleads guilty to an offense, as punishment	2137
for the offense. "Sanction" includes any sanction imposed pursuant	2138
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	2139
2929.28 of the Revised Code.	2140

(EE) "Sentence" means the sanction or combination of	2141
sanctions imposed by the sentencing court on an offender who is	2142
convicted of or pleads guilty to an offense.	2143

(FF) "Stated prison term" means the prison term, mandatory	2144
prison term, or combination of all prison terms and mandatory	2145
prison terms imposed by the sentencing court pursuant to section	2146
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	2147
2919.25 of the Revised Code. "Stated prison term" includes any	2148
credit received by the offender for time spent in jail awaiting	2149
trial, sentencing, or transfer to prison for the offense and any	2150
time spent under house arrest or house arrest with electronic	2151
monitoring imposed after earning credits pursuant to section	2152
2967.193 of the Revised Code. If an offender is serving a prison	2153
term as a risk reduction sentence under sections 2929.143 and	2154
5120.036 of the Revised Code, "stated prison term" includes any	2155
period of time by which the prison term imposed upon the offender	2156
is shortened by the offender's successful completion of all	2157
assessment and treatment or programming pursuant to those	2158
sections.	2159

(GG) "Victim-offender mediation" means a reconciliation or	2160
mediation program that involves an offender and the victim of the	2161
offense committed by the offender and that includes a meeting in	2162
which the offender and the victim may discuss the offense, discuss	2163
restitution, and consider other sanctions for the offense.	2164

(HH) "Fourth degree felony OVI offense" means a violation of	2165
division (A) of section 4511.19 of the Revised Code that, under	2166
division (G) of that section, is a felony of the fourth degree.	2167

(II) "Mandatory term of local incarceration" means the term	2168
of sixty or one hundred twenty days in a jail, a community-based	2169
correctional facility, a halfway house, or an alternative	2170
residential facility that a sentencing court may impose upon a	2171
person who is convicted of or pleads guilty to a fourth degree	2172
felony OVI offense pursuant to division (G)(1) of section 2929.13	2173
of the Revised Code and division (G)(1)(d) or (e) of section	2174
4511.19 of the Revised Code.	2175

(JJ) "Designated homicide, assault, or kidnapping offense,"	2176
"violent sex offense," "sexual motivation specification,"	2177
"sexually violent offense," "sexually violent predator," and	2178
"sexually violent predator specification" have the same meanings	2179
as in section 2971.01 of the Revised Code.	2180

(KK) "Sexually oriented offense," "child-victim oriented	2181
offense," and "tier III sex offender/child-victim offender" have	2182
the same meanings as in section 2950.01 of the Revised Code.	2183

(LL) An offense is "committed in the vicinity of a child" if	2184
the offender commits the offense within thirty feet of or within	2185
the same residential unit as a child who is under eighteen years	2186
of age, regardless of whether the offender knows the age of the	2187
child or whether the offender knows the offense is being committed	2188
within thirty feet of or within the same residential unit as the	2189
child and regardless of whether the child actually views the	2190
commission of the offense.	2191

(MM) "Family or household member" has the same meaning as in	2192
section 2919.25 of the Revised Code.	2193

(NN) "Motor vehicle" and "manufactured home" have the same	2194
meanings as in section 4501.01 of the Revised Code.	2195

(OO) "Detention" and "detention facility" have the same	2196
meanings as in section 2921.01 of the Revised Code.	2197

(PP) "Third degree felony OVI offense" means a violation of	2198
division (A) of section 4511.19 of the Revised Code that, under	2199
division (G) of that section, is a felony of the third degree.	2200

(QQ) "Random drug testing" has the same meaning as in section	2201
5120.63 of the Revised Code.	2202

(RR) "Felony sex offense" has the same meaning as in section	2203
2967.28 of the Revised Code.	2204

(SS) "Body armor" has the same meaning as in section	2205
2941.1411 of the Revised Code.	2206

(TT) "Electronic monitoring" means monitoring through the use	2207
of an electronic monitoring device.	2208

(UU) "Electronic monitoring device" means any of the	2209
following:	2210

(1) Any device that can be operated by electrical or battery	2211
power and that conforms with all of the following:	2212

(a) The device has a transmitter that can be attached to a	2213
person, that will transmit a specified signal to a receiver of the	2214
type described in division (UU)(1)(b) of this section if the	2215
transmitter is removed from the person, turned off, or altered in	2216
any manner without prior court approval in relation to electronic	2217
monitoring or without prior approval of the department of	2218
rehabilitation and correction in relation to the use of an	2219
electronic monitoring device for an inmate on transitional control	2220
or otherwise is tampered with, that can transmit continuously and	2221
periodically a signal to that receiver when the person is within a	2222
specified distance from the receiver, and that can transmit an	2223
appropriate signal to that receiver if the person to whom it is	2224
attached travels a specified distance from that receiver.	2225

(b) The device has a receiver that can receive continuously	2226
the signals transmitted by a transmitter of the type described in	2227
division (UU)(1)(a) of this section, can transmit continuously	2228
those signals by a wireless or landline telephone connection to a	2229
central monitoring computer of the type described in division	2230
(UU)(1)(c) of this section, and can transmit continuously an	2231
appropriate signal to that central monitoring computer if the	2232
device has been turned off or altered without prior court approval	2233
or otherwise tampered with. The device is designed specifically	2234
for use in electronic monitoring, is not a converted wireless	2235
phone or another tracking device that is clearly not designed for	2236
electronic monitoring, and provides a means of text-based or voice	2237
communication with the person.	2238

(c) The device has a central monitoring computer that can	2239
receive continuously the signals transmitted by a wireless or	2240
landline telephone connection by a receiver of the type described	2241
in division (UU)(1)(b) of this section and can monitor	2242
continuously the person to whom an electronic monitoring device of	2243
the type described in division (UU)(1)(a) of this section is	2244
attached.	2245

(2) Any device that is not a device of the type described in	2246
division (UU)(1) of this section and that conforms with all of the	2247
following:	2248

(a) The device includes a transmitter and receiver that can	2249
monitor and determine the location of a subject person at any	2250
time, or at a designated point in time, through the use of a	2251
central monitoring computer or through other electronic means.	2252

(b) The device includes a transmitter and receiver that can	2253
determine at any time, or at a designated point in time, through	2254
the use of a central monitoring computer or other electronic means	2255
the fact that the transmitter is turned off or altered in any	2256
manner without prior approval of the court in relation to the	2257
electronic monitoring or without prior approval of the department	2258
of rehabilitation and correction in relation to the use of an	2259
electronic monitoring device for an inmate on transitional control	2260
or otherwise is tampered with.	2261

(3) Any type of technology that can adequately track or	2262
determine the location of a subject person at any time and that is	2263
approved by the director of rehabilitation and correction,	2264
including, but not limited to, any satellite technology, voice	2265
tracking system, or retinal scanning system that is so approved.	2266

(VV) "Non-economic loss" means nonpecuniary harm suffered by	2267
a victim of an offense as a result of or related to the commission	2268
of the offense, including, but not limited to, pain and suffering;	2269
loss of society, consortium, companionship, care, assistance,	2270
attention, protection, advice, guidance, counsel, instruction,	2271
training, or education; mental anguish; and any other intangible	2272
loss.	2273

(WW) "Prosecutor" has the same meaning as in section 2935.01	2274
of the Revised Code.	2275

(XX) "Continuous alcohol monitoring" means the ability to	2276
automatically test and periodically transmit alcohol consumption	2277
levels and tamper attempts at least every hour, regardless of the	2278
location of the person who is being monitored.	2279

(YY) A person is "adjudicated a sexually violent predator" if	2280
the person is convicted of or pleads guilty to a violent sex	2281
offense and also is convicted of or pleads guilty to a sexually	2282
violent predator specification that was included in the	2283
indictment, count in the indictment, or information charging that	2284
violent sex offense or if the person is convicted of or pleads	2285
guilty to a designated homicide, assault, or kidnapping offense	2286
and also is convicted of or pleads guilty to both a sexual	2287
motivation specification and a sexually violent predator	2288
specification that were included in the indictment, count in the	2289
indictment, or information charging that designated homicide,	2290
assault, or kidnapping offense.	2291

(ZZ) An offense is "committed in proximity to a school" if	2292
the offender commits the offense in a school safety zone or within	2293
five hundred feet of any school building or the boundaries of any	2294
school premises, regardless of whether the offender knows the	2295
offense is being committed in a school safety zone or within five	2296
hundred feet of any school building or the boundaries of any	2297
school premises.	2298

(AAA) "Human trafficking" means a scheme or plan to which all	2299
of the following apply:	2300

(1) Its object is to subject a victim or victims to	2301
involuntary servitude, as defined in section 2905.31 of the	2302
Revised Code, to compel a victim or victims to engage in sexual	2303
activity for hire, to engage in a performance that is obscene,	2304
sexually oriented, or nudity oriented, or to be a model or	2305
participant in the production of material that is obscene,	2306
sexually oriented, or nudity oriented.	2307

(2) It involves at least two felony offenses, whether or not	2308
there has been a prior conviction for any of the felony offenses,	2309
to which all of the following apply:	2310

(a) Each of the felony offenses is a violation of section	2311
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	2312
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	2313
(4), or (5) of section 2919.22 of the Revised Code or is a	2314
violation of a law of any state other than this state that is	2315
substantially similar to any of the sections or divisions of the	2316
Revised Code identified in this division.	2317

(b) At least one of the felony offenses was committed in this	2318
state.	2319

(c) The felony offenses are related to the same scheme or	2320
plan and are not isolated instances.	2321

(BBB) "Material," "nudity," "obscene," "performance," and	2322
"sexual activity" have the same meanings as in section 2907.01 of	2323
the Revised Code.	2324

(CCC) "Material that is obscene, sexually oriented, or nudity	2325
oriented" means any material that is obscene, that shows a person	2326
participating or engaging in sexual activity, masturbation, or	2327
bestiality, or that shows a person in a state of nudity.	2328

(DDD) "Performance that is obscene, sexually oriented, or	2329
nudity oriented" means any performance that is obscene, that shows	2330
a person participating or engaging in sexual activity,	2331
masturbation, or bestiality, or that shows a person in a state of	2332
nudity.	2333

Sec. 3715.05. (A) As used in this section and section	2334
sections 3715.051 to 3715.054 and 3715.06 of the Revised Code:	2335

(1) "Consumer product" means any food or drink that is	2336
consumed or used by humans and any drug, including a drug that may	2337
be provided legally only pursuant to a prescription, that is	2338
intended to be consumed or used by humans.	2339

(2) "Drug," "licensed health professional authorized to	2340
prescribe drugs," "pharmacy," "prescriber," "prescription," and	2341
"terminal distributor of dangerous drugs" have the same meanings	2342
as in section 4729.01 of the Revised Code.	2343

(3) "Ephedrine" means any material, compound, mixture, or	2344
preparation that contains any quantity of ephedrine, any of its	2345
salts, optical isomers, or salts of optical isomers.	2346

(4) "Ephedrine product" means a consumer product that	2347
contains ephedrine.	2348

(5) "Law enforcement official" means an officer or employee	2349
of any agency or authority of the United States, a state, a	2350
territory, a political subdivision of a state or territory, or an	2351
Indian tribe, who is empowered by the law to investigate or	2352
conduct an official inquiry into a potential violation of law or	2353
prosecute or otherwise conduct a criminal, civil, or	2354
administrative proceeding arising from an alleged violation of	2355
law.	2356

(6) "National precursor log exchange" or "exchange" means the	2357
electronic system for tracking sales of pseudoephedrine products	2358
and ephedrine products on a national basis that is administered by	2359
the national association of drug diversion investigators or a	2360
successor organization.	2361

(7) "Pharmacist" means a person licensed under Chapter 4729.	2362
of the Revised Code to engage in the practice of pharmacy.	2363

(4)(8) "Proof of age" means a driver's license, a commercial	2364
driver's license, a military identification card, a passport, or	2365
an identification card issued under sections 4507.50 to 4507.52 of	2366
the Revised Code that shows a person is eighteen years of age or	2367
older.	2368

(5)(9) "Pseudoephedrine" means any material, compound,	2369
mixture, or preparation that contains any quantity of	2370
pseudoephedrine, any of its salts, optical isomers, or salts of	2371
optical isomers.	2372

(6)(10) "Pseudoephedrine product" means a consumer product	2373
consisting of a single-ingredient preparation ofthat contains	2374
pseudoephedrine in which pseudoephedrine is the active	2375
ingredient. "Pseudoephedrine product" does not include either of	2376
the following:	2377

(a) A consumer product containing pseudoephedrine that is in	2378
a liquid, liquid capsule, or gel capsule form;	2379

(b) A consumer product primarily intended for administration	2380
to children under twelve years of age, according to the label	2381
instructions, in solid dosage form, including chewable tablets,	2382
when individual dosage units do not exceed fifteen milligrams of	2383
pseudoephedrine.	2384

(7)(11) "Retailer" means a place of business that offers	2385
consumer products for sale to the general public.	2386

(8)(12) "Single-ingredient preparation" means a compound,	2387
mixture, preparation, or substance that contains a single active	2388
ingredient.	2389

(9)(13) "Stop-sale alert" means a notification sent from the	2390
national precursor log exchange to a retailer or terminal	2391
distributor of dangerous drugs indicating that the completion of a	2392
sale of a pseudoephedrine product or ephedrine product would	2393
result in a violation of division (A)(1) of section 2925.56 of the	2394
Revised Code or federal law.	2395

(14) "Wholesaler" has the same meaning as in section 3719.01	2396
of the Revised Code.	2397

(B) A retailer or terminal distributor of dangerous drugs	2398
that sells, offers to sell, holds for sale, delivers, or otherwise	2399
provides a pseudoephedrine product or ephedrine product to the	2400
public shall do all of the following:	2401

(1) Segregate pseudoephedrine products or ephedrine products	2402
from other merchandise so that no member of the public may procure	2403
or purchase such products without the direct assistance of a	2404
pharmacist or other authorized employee of the retailer or	2405
terminal distributor of dangerous drugs;	2406

(2) With regard to each time a pseudoephedrine product or	2407
ephedrine product is sold or otherwise provided without a valid	2408
prescription:	2409

(a) Determine, by examination of a valid proof of age, that	2410
the purchaser or recipient is at least eighteen years of age;	2411

(b) MakeUsing any information available, including	2412
information from the national precursor log exchange if the	2413
information is accessible, make a reasonable attempt to ensure	2414
that no individual purchases or receives more than nine gramsan	2415
amount of pseudoephedrine products within a period of thirty	2416
consecutive days;product or ephedrine product that is greater	2417
than either of the following:	2418

(i) Three and six tenths grams within a period of a single	2419
day;	2420

(ii) Nine grams within a period of thirty consecutive days.

2421

The maximum amounts specified in divisions (B)(2)(b)(i) and	2422
(ii) of this section apply to the total amount of base	2423
pseudoephedrine or base ephedrine in the pseudoephedrine product	2424
or ephedrine product, respectively. The maximum amounts do not	2425
apply to the product's overall weight.	2426

(3) Maintain a log book of pseudoephedrine product or	2427
ephedrine product purchases, in accordance with division (C) of	2428
this section 3715.051 of the Revised Code;	2429

(4) If required to comply with section 3715.052 of the	2430
Revised Code, submit the information specified in divisions	2431
(A)(1)(a) to (d) of that section to the national precursor log	2432
exchange.	2433

(C)(1) As used in division (C) of this section, "law	2434
enforcement official" means an officer or employee of any agency	2435
or authority of the United States, a state, a territory, a	2436
political division of a state or territory, or an Indian tribe,	2437
who is empowered by the law to investigate or conduct an official	2438
inquiry into a potential violation of law or prosecute or	2439
otherwise conduct a criminal, civil, or administrative proceeding	2440
arising from an alleged violation of law.	2441

(2) A retailer or terminal distributor of dangerous drugs	2442
that sells, offers to sell, holds for sale, delivers, or otherwise	2443
provides a pseudoephedrine product to the public shall maintain a	2444
log book of all purchases of pseudoephedrine products. The log	2445
book may be maintained in a tangible format, in an electronic	2446
format, or in both a tangible format and an electronic format. As	2447
part of this requirement, the retailer or terminal distributor of	2448
dangerous drugs shall do all of the following:	2449

(a) Require each purchaser to sign an entry in the log book	2450
that is maintained in the electronic or tangible format;	2451

(b) Determine whether the name signed in the entry in the log	2452
book corresponds with the name on a government-issued	2453
identification card;	2454

(c) Retain the log book in a tangible format, in an	2455
electronic format, or in both a tangible format and an electronic	2456
format for a minimum of one year after the date of the last	2457
purchase recorded in the log book;	2458

(d) Include in the log book in the manner described in	2459
division (C)(5) of this section or, in the alternative, post, in a	2460
conspicuous location, the following statement: "Ohio law prohibits	2461
the over-the-counter purchase within any period of thirty	2462
consecutive days of more than nine grams of any consumer product	2463
in which pseudoephedrine is the only active ingredient. If you	2464
purchase a consumer product in which pseudoephedrine is the only	2465
active ingredient, you are required to sign a log book that may be	2466
accessible to law enforcement officers and to provide a	2467
government-issued identification card to verify your identity.	2468
Except in limited circumstances, the purchase within any period of	2469
thirty consecutive days of more than nine grams of any consumer	2470
product in which pseudoephedrine is the only active ingredient,	2471
and the purchase by any individual under eighteen years of age of	2472
any consumer product in which pseudoephedrine is the only active	2473
ingredient, are subject to criminal prosecution or delinquency	2474
proceedings in accordance with Ohio law. Also, the provision of	2475
false information concerning an individual's name, age, or other	2476
identification for the purpose of acquiring any consumer product	2477
in which pseudoephedrine is the only active ingredient is subject	2478
to criminal prosecution or delinquency proceedings in accordance	2479
with Ohio law."	2480

(3) Each purchaser of a pseudoephedrine product shall do all	2481
of the following:	2482

(a) Sign and print the purchaser's name and address in the	2483
log book;	2484

(b) Provide a government-issued identification card to the	2485
retailer or terminal distributor of dangerous drugs to verify the	2486
purchaser's identity.	2487

(4) Information contained in the log book may not be used or	2488
disclosed except in the following circumstances:	2489

(a) In response to a court order or subpoena;

2490

(b) In response to a request from a law enforcement official	2491
to be used for law enforcement purposes.	2492

(5) If a retailer or terminal distributor of dangerous drugs	2493
chooses to include the statement set forth in division (C)(2)(d)	2494
of this section in the log book maintained under division (C)(2)	2495
of this section, the statement shall be set forth in the following	2496
manner:	2497

(a) If the log book is maintained in an electronic format,	2498
the statement shall be set forth in such a manner that it is	2499
presented on the viewing screen to each purchaser who is signing	2500
an entry in the log book before the purchaser may sign the entry.	2501

(b) If the log book is maintained in a tangible format, the	2502
statement shall be set forth on the cover of the log book and on	2503
each page of the log book.	2504

(D) Prescriptions, orders, and records maintained pursuant to	2505
this section and stocks of pseudoephedrine products and ephedrine	2506
products shall be open for inspection to federal, state, county,	2507
and municipal officers, and employees of the state board of	2508
pharmacy whose duty it is to enforce the laws of this state or of	2509
the United States relating to controlled substances. Such	2510
prescriptions, orders, records, and stocks shall be open for	2511
inspection by the state medical board and its employees for	2512
purposes of enforcing Chapter 4731. of the Revised Code.	2513

Sec. 3715.051. (A) A retailer or terminal distributor of	2514
dangerous drugs that sells, offers to sell, holds for sale,	2515
delivers, or otherwise provides a pseudoephedrine product or	2516
ephedrine product to the public shall maintain a log book of all	2517
purchases of pseudoephedrine products or ephedrine products made	2518
without a valid prescription. The log book may be maintained in a	2519
tangible format, in an electronic format, or in both formats. As	2520
part of fulfilling this requirement, the retailer or terminal	2521
distributor of dangerous drugs shall do all of the following:	2522

(1) Require each individual who purchases a pseudoephedrine	2523
product or ephedrine product without a valid prescription to sign	2524
an entry in the log book;	2525

(2) Determine whether the name signed in the entry in the log	2526
book corresponds with the name on a government-issued	2527
identification card;	2528

(3) Retain the log book in a tangible format, in an	2529
electronic format, or in both formats for a minimum of one year	2530
after the date of the last purchase recorded in the log book or as	2531
required by federal law;	2532

(4) Include in the log book in the manner described in	2533
division (D) of this section or, in the alternative, post in a	2534
conspicuous location the following statement:	2535

"Ohio law prohibits the over-the-counter purchase of a	2536
consumer product containing a total amount of base pseudoephedrine	2537
or base ephedrine that exceeds either three and six tenths grams	2538
in a single day or nine grams within any period of thirty	2539
consecutive days. If, without a valid prescription, you purchase a	2540
consumer product containing pseudoephedrine or ephedrine, you are	2541
required to sign a log book that may be accessible to law	2542
enforcement officers and provide a government-issued	2543
identification card to verify your identity. Except in limited	2544
circumstances, the purchase of more than the permissible amount of	2545
a consumer product containing pseudoephedrine or ephedrine, and	2546
the purchase by any individual under eighteen years of age of a	2547
consumer product containing pseudoephedrine or ephedrine, are	2548
subject to criminal prosecution or delinquency proceedings in	2549
accordance with Ohio law. Also, the provision of false information	2550
concerning an individual's name, age, or other identification for	2551
the purpose of acquiring a consumer product containing	2552
pseudoephedrine or ephedrine is subject to criminal prosecution or	2553
delinquency proceedings in accordance with Ohio law."	2554

(B) Each individual who purchases a pseudoephedrine product	2555
or ephedrine product without a valid prescription shall do both of	2556
the following:	2557

(1) Sign and print the purchaser's name in the log book;

2558

(2) Present a government-issued identification card to the	2559
retailer or terminal distributor of dangerous drugs to verify the	2560
purchaser's identity.	2561

(C) Information contained in the log book may not be used or	2562
disclosed except in the following circumstances:	2563

(1) In response to a court order or subpoena;

2564

(2) In response to a request from a law enforcement official	2565
to be used for law enforcement purposes;	2566

(3) For purposes of complying with requirements in section	2567
3715.052 of the Revised Code regarding the submission of	2568
information to the national precursor log exchange.	2569

(D) If a retailer or terminal distributor of dangerous drugs	2570
chooses to include the statement set forth in division (A)(4) of	2571
this section in the log book, the statement shall be set forth in	2572
the following manner:	2573

(1) If the log book is maintained in an electronic format,	2574
the statement shall be set forth in such a manner that it is	2575
presented on the viewing screen to each purchaser who is signing	2576
an entry in the log book before the purchaser may sign the entry.	2577

(2) If the log book is maintained in a tangible format, the	2578
statement shall be set forth on the cover of the log book and on	2579
each page of the log book.	2580

Sec. 3715.052. The duty to comply with this section is	2581
subject to the conditions specified in section 3715.053 of the	2582
Revised Code.	2583

(A)(1) Beginning June 1, 2013, a retailer or terminal	2584
distributor of dangerous drugs shall submit the following	2585
information to the national precursor log exchange regarding each	2586
sale of pseudoephedrine product or ephedrine product that is not	2587
made pursuant to a valid prescription:	2588

(a) The purchaser's name and address;

2589

(b) The name and quantity of the product purchased;

2590

(c) The date and time of the purchase;

2591

(d) The type of government-issued identification provided by	2592
the purchaser at the time of purchase, pursuant to division (B)(2)	2593
of section 3715.051 of the Revised Code, the identification	2594
number, if any, on the identification, and the agency that issued	2595
the identification.	2596

(2) A retailer or terminal distributor of dangerous drugs	2597
that is unable to complete an information submission required by	2598
division (A)(1) of this section due to experiencing mechanical or	2599
electronic failure of the equipment used to complete the	2600
information submission or due to the temporary inability of the	2601
retailer or terminal distributor to obtain internet service shall	2602
do both of the following:	2603

(a) Maintain a written or electronic record of the	2604
information in division (A)(1) of this section;	2605

(b) Complete the information submission as soon as	2606
practicable after the mechanical or electronic failure has been	2607
rectified or internet service has been restored.	2608

(B)(1) Except as provided in division (B)(2) of this section,	2609
a retailer or terminal distributor of dangerous drugs shall not	2610
complete a sale if the exchange generates a stop-sale alert after	2611
the information is submitted under division (A)(1) of this	2612
section.	2613

(2) A retailer or terminal distributor of dangerous drugs may	2614
complete a sale even though the exchange has generated a stop-sale	2615
alert if the retailer or terminal distributor of dangerous drugs	2616
has a reasonable fear of imminent bodily harm should the sale not	2617
be completed. To accommodate such circumstances, the retailer or	2618
terminal distributor of dangerous drugs shall ensure that the	2619
override function of the exchange has been enabled.	2620

Sec. 3715.053. A retailer or terminal distributor of	2621
dangerous drugs is not required to comply with section 3715.052 of	2622
the Revised Code if one or more of the following are the case:	2623

(A) There is any charge from the national precursor log	2624
exchange for using the exchange, including a charge for obtaining	2625
access to the exchange, submitting information to the exchange, or	2626
receiving a stop-sale alert from the exchange.	2627

(B) There is any fee from the exchange related to funding its	2628
operation or maintenance.	2629

(C) The equipment or software needed to use the exchange is	2630
not technologically capable of interfacing with existing and	2631
future operational systems used by a retailer or terminal	2632
distributor of dangerous drugs.	2633

Sec. 3715.054. A retailer or terminal distributor of	2634
dangerous drugs is not liable in damages in a civil action for	2635
injury, death, or loss to person or property resulting from any	2636
act or omission in carrying out the duties specified in sections	2637
3715.05, 3715.051, and 3715.052 of the Revised Code regarding the	2638
sale of a pseudoephedrine product or ephedrine product, unless the	2639
act or omission is negligent or reckless or constitutes willful or	2640
wanton misconduct.	2641

Sec. 3719.013. AExcept as otherwise provided in section	2642
2925.03 or 2925.11 of the Revised Code, a controlled substance	2643
analog, to the extent intended for human consumption, shall be	2644
treated for purposes of any provision of the Revised Code as a	2645
controlled substance in schedule I.	2646

Sec. 3719.41.  Controlled substance schedules I, II, III, IV,	2647
and V are hereby established, which schedules include the	2648
following, subject to amendment pursuant to section 3719.43 or	2649
3719.44 of the Revised Code.	2650

SCHEDULE I	2651

(A) Narcotics-opiates

2652

Any of the following opiates, including their isomers,	2653
esters, ethers, salts, and salts of isomers, esters, and ethers,	2654
unless specifically excepted under federal drug abuse control	2655
laws, whenever the existence of these isomers, esters, ethers, and	2656
salts is possible within the specific chemical designation:	2657

(1) Acetyl-alpha-methylfentanyl	2658
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	2659

(2) Acetylmethadol;

2660

(3) Allylprodine;

2661

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	2662
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	2663
LAAM);	2664

(5) Alphameprodine;

2665

(6) Alphamethadol;

2666

(7) Alpha-methylfentanyl	2667
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	2668
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	2669

(8) Alpha-methylthiofentanyl	2670
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	2671
phenylpropanamide);	2672

(9) Benzethidine;

2673

(10) Betacetylmethadol;

2674

(11) Beta-hydroxyfentanyl	2675
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	2676

(12) Beta-hydroxy-3-methylfentanyl (other name:	2677
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	2678
phenylpropanamide);	2679

(13) Betameprodine;

2680

(14) Betamethadol;

2681

(15) Betaprodine;

2682

(16) Clonitazene;

2683

(17) Dextromoramide;

2684

(18) Diampromide;

2685

(19) Diethylthiambutene;

2686

(20) Difenoxin;

2687

(21) Dimenoxadol;

2688

(22) Dimepheptanol;

2689

(23) Dimethylthiambutene;

2690

(24) Dioxaphetyl butyrate;

2691

(25) Dipipanone;

2692

(26) Ethylmethylthiambutene;

2693

(27) Etonitazene;

2694

(28) Etoxeridine;

2695

(29) Furethidine;

2696

(30) Hydroxypethidine;

2697

(31) Ketobemidone;

2698

(32) Levomoramide;

2699

(33) Levophenacylmorphan;

2700

(34) 3-methylfentanyl	2701
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	2702

(35) 3-methylthiofentanyl	2703
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	2704
phenylpropanamide);	2705

(36) Morpheridine;

2706

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

2707

(38) Noracymethadol;

2708

(39) Norlevorphanol;

2709

(40) Normethadone;

2710

(41) Norpipanone;

2711

(42) Para-fluorofentanyl	2712
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	2713

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

2714

(44) Phenadoxone;

2715

(45) Phenampromide;

2716

(46) Phenomorphan;

2717

(47) Phenoperidine;

2718

(48) Piritramide;

2719

(49) Proheptazine;

2720

(50) Properidine;

2721

(51) Propiram;

2722

(52) Racemoramide;

2723

(53) Thiofentanyl	2724
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	2725

(54) Tilidine;

2726

(55) Trimeperidine.

2727

(B) Narcotics-opium derivatives

2728

Any of the following opium derivatives, including their	2729
salts, isomers, and salts of isomers, unless specifically excepted	2730
under federal drug abuse control laws, whenever the existence of	2731
these salts, isomers, and salts of isomers is possible within the	2732
specific chemical designation:	2733

(1) Acetorphine;

2734

(2) Acetyldihydrocodeine;

2735

(3) Benzylmorphine;

2736

(4) Codeine methylbromide;

2737

(5) Codeine-n-oxide;

2738

(6) Cyprenorphine;

2739

(7) Desomorphine;

2740

(8) Dihydromorphine;

2741

(9) Drotebanol;

2742

(10) Etorphine (except hydrochloride salt);

2743

(11) Heroin;

2744

(12) Hydromorphinol;

2745

(13) Methyldesorphine;

2746

(14) Methyldihydromorphine;

2747

(15) Morphine methylbromide;

2748

(16) Morphine methylsulfonate;

2749

(17) Morphine-n-oxide;

2750

(18) Myrophine;

2751

(19) Nicocodeine;

2752

(20) Nicomorphine;

2753

(21) Normorphine;

2754

(22) Pholcodine;

2755

(23) Thebacon.

2756

(C) Hallucinogens

2757

Any material, compound, mixture, or preparation that contains	2758
any quantity of the following hallucinogenic substances, including	2759
their salts, isomers, and salts of isomers, unless specifically	2760
excepted under federal drug abuse control laws, whenever the	2761
existence of these salts, isomers, and salts of isomers is	2762
possible within the specific chemical designation. For the	2763
purposes of this division only, "isomer" includes the optical	2764
isomers, position isomers, and geometric isomers.	2765

(1) Alpha-ethyltryptamine (some trade or other names:	2766
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	2767
3-(2-aminobutyl) indole; alpha-ET; and AET);	2768

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	2769
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	2770
4-bromo-2,5-DMA);	2771

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	2772
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	2773
alpha-desmethyl DOB; 2C-B, Nexus);	2774

(4) 2,5-dimethoxyamphetamine (some trade or other names:	2775
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	2776

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	2777
names: DOET);	2778

(6) 4-methoxyamphetamine (some trade or other names:	2779
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	2780
PMA);	2781

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

2782

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	2783
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	2784
and "STP");	2785

(9) 3,4-methylenedioxy amphetamine (MDA);

2786

(10) 3,4-methylenedioxymethamphetamine (MDMA);

2787

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	2788
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	2789
MDA, MDE, MDEA);	2790

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	2791
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	2792
N-hydroxy MDA);	2793

(13) 3,4,5-trimethoxy amphetamine;

2794

(14) Bufotenine (some trade or other names:	2795
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	2796
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	2797
5-hydroxy-N, N-dimethyltryptamine; mappine);	2798

(15) Diethyltryptamine (some trade or other names: N,	2799
N-diethyltryptamine; DET);	2800

(16) Dimethyltryptamine (some trade or other names: DMT);

2801

(17) Ibogaine (some trade or other names:	2802
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	2803
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	2804

(18) Lysergic acid diethylamide;

2805

(19) Marihuana;

2806

(20) Mescaline;

2807

(21) Parahexyl (some trade or other names: 3-hexyl-1-	2808
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	2809
synhexyl);	2810

(22) Peyote (meaning all parts of the plant presently	2811
classified botanically as "Lophophora williamsii Lemaire," whether	2812
growing or not, the seeds of that plant, any extract from any part	2813
of that plant, and every compound, manufacture, salts, derivative,	2814
mixture, or preparation of that plant, its seeds, or its	2815
extracts);	2816

(23) N-ethyl-3-piperidyl benzilate;

2817

(24) N-methyl-3-piperidyl benzilate;

2818

(25) Psilocybin;

2819

(26) Psilocyn;

2820

(27) Tetrahydrocannabinols (synthetic equivalents of the	2821
substances contained in the plant, or in the resinous extractives	2822
of Cannabis, sp. and/or synthetic substances, derivatives, and	2823
their isomers with similar chemical structure and pharmacological	2824
activity such as the following: delta-1-cis or trans	2825
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	2826
trans tetrahydrocannabinol, and their optical isomers;	2827
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	2828
isomers. (Since nomenclature of these substances is not	2829
internationally standardized, compounds of these structures,	2830
regardless of numerical designation of atomic positions, are	2831
covered.));	2832

(28) Ethylamine analog of phencyclidine (some trade or other	2833
names: N-ethyl-1-phenylcyclohexylamine;	2834
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	2835
cyclohexamine; PCE);	2836

(29) Pyrrolidine analog of phencyclidine (some trade or other	2837
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	2838

(30) Thiophene analog of phencyclidine (some trade or other	2839
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	2840
of phencyclidine; TPCP; TCP);	2841

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

2842

(32) Hashish;

2843

(33) Salvia divinorum;

2844

(34) Salvinorin A;

2845

(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other	2846
names: JWH-018);	2847

(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other	2848
names: JWH-073);	2849

(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some	2850
trade or other names: JWH-200);	2851

(38)	2852
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol	2853
(some trade or other names: CP-47,497);	2854

(39)	2855
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some	2856
trade or other names: cannabicyclohexanol; CP-47,497 C8	2857
homologue);	2858

(40) Methylone (3,4-methylenedioxymethcathinone);

2859

(41) MDPV (3,4-methyenedioxypyrovalerone);

2860

(42) Mephedrone (4-methylmethcathinone);

2861

(43) 4-methoxymethcathinone;

2862

(44) 4-fluoromethcathinone;

2863

(45) 3-fluoromethcathinone	2864
(1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone	2865
(UR-144);	2866

(36) 1-pentyl-3-(1-adamantoyl)indole (AB-001);

2867

(37) N-adamantyl-1-pentylindole-3-carboxamide;

2868

(38) N-adamantyl-1-pentylindazole-3-carboxamide (AKB48);

2869

(39) 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone	2870
(methoxetamine);	2871

(40) N,N-diallyl-5-methoxytryptamine (5MeO-DALT);

2872

(41)	2873
[1-(5-fluoropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone	2874
(5-fluoropentyl-UR-144; XLR11);	2875

(42)	2876
[1-(5-chloropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone	2877
(5-chloropentyl-UR-144);	2878

(43)	2879
[1-(5-bromopentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone	2880
(5-bromopentyl-UR-144);	2881

(44)	2882
{1-[2-(4-morpholinyl)ethyl]indol-3-yl}-(2,2,3,3-tetramethylcyclopropyl)	2883
methanone (A-796,260);	2884

(45)	2885
1-[(N-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole	2886
(AM1248);	2887

(46) N-adamantyl-1-(5-fluoropentylindole)-3-carboxamide;

2888

(47) 5-(2-aminopropyl)benzofuran (5-APB);

2889

(48) 6-(2-aminopropyl)benzofuran (6-APB);

2890

(49) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);

2891

(50) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);

2892

(51) Benzothiophenylcyclohexylpiperidine (BTCP);

2893

(52) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

2894

(53) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);

2895

(54) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);

2896

(55) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);

2897

(56) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine	2898
(2C-T-2);	2899

(57) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine	2900
(2C-T-4);	2901

(58) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);

2902

(59) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);

2903

(60) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);

2904

(61) 4-methoxymethamphetamine (PMMA);

2905

(62) 5,6 - Methylenedioxy-2-aminoindane (MDAI);

2906

(63) 5-iodo-2-aminoindiane (5-IAI);

2907

(64) 2-(4-iodo-2,5-dimethoxyphenyl)-N-	2908
[(2-methoxyphenyl)methyl]ethanamine(25I-NBOMe);	2909

(65) Diphenylprolinol (diphenyl(pyrrolidin-2-yl)methanol,	2910
D2PM);	2911

(66) Desoxypipradrol (2-benzhydrylpiperidine);

2912

(67) Synthetic cannabinoids - unless specifically excepted or	2913
unless listed in another schedule, any material, compound,	2914
mixture, or preparation that contains any quantity of a synthetic	2915
cannabinoid found to be in any of the following chemical groups or	2916
any of those groups which contain any synthetic cannabinoid salts,	2917
isomers, or salts of isomers, whenever the existence of such	2918
salts, isomers, or salts of isomers is possible within the	2919
specific chemical groups:	2920

(a) Naphthoylindoles: any compound containing a	2921
3-(1-naphthoyl)indole structure with or without substitution at	2922
the nitrogen atom of the indole ring by an alkyl, haloalkyl,	2923
alkenyl, cycloalkylmethyl, cycloalkylethyl,	2924
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,	2925
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,	2926
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,	2927
whether or not further substituted on the indole ring to any	2928
extent or whether or not substituted on the naphthyl group to any	2929
extent. Naphthoylindoles include, but are not limited to,	2930
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);	2931
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),	2932
1-pentyl-3-(1-naphthoyl)indole (JWH-018), and	2933
1-butyl-3-(1-naphthoyl)indole (JWH-073).	2934

(b) Naphthylmethylindoles: any compound containing a	2935
1H-indol-3-yl-(1-naphthyl)methane structure with or without	2936
substitution at the nitrogen atom of the indole ring by an alkyl,	2937
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,	2938
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,	2939
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,	2940
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,	2941
whether or not further substituted on the indole ring to any	2942
extent or whether or not substituted on the naphthyl group to any	2943
extent. Naphthylmethylindoles include, but are not limited to,	2944
(1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175).	2945

(c) Naphthoylpyrroles: any compound containing a	2946
3-(1-naphthoyl)pyrrole structure with or without substitution at	2947
the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,	2948
alkenyl, cycloalkylmethyl, cycloalkylethyl,	2949
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,	2950
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,	2951
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,	2952
whether or not further substituted on the pyrrole ring to any	2953
extent or whether or not substituted on the naphthyl group to any	2954
extent. Naphthoylpyrroles include, but are not limited to,	2955
1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147).	2956

(d) Naphthylmethylindenes: any compound containing a	2957
naphthylmethylideneindene structure with or without substitution	2958
at the 3-position of the indene ring by an alkyl, haloalkyl,	2959
alkenyl, cycloalkylmethyl, cycloalkylethyl,	2960
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,	2961
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,	2962
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,	2963
whether or not further substituted on the indene group to any	2964
extent or whether or not substituted on the naphthyl group to any	2965
extent. Naphthylmethylindenes include, but are not limited to,	2966
(1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176).	2967

(e) Phenylacetylindoles: any compound containing a	2968
3-phenylacetylindole structure with or without substitution at the	2969
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,	2970
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl,	2971
cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl,	2972
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or	2973
2-(4-morpholinyl)ethyl group, whether or not further substituted	2974
on the indole ring to any extent or whether or not substituted on	2975
the phenyl group to any extent. Phenylacetylindoles include, but	2976
are not limited to, 1-pentyl-3-(2-methoxyphenylacetyl)indole	2977
(JWH-250), and	2978
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);	2979
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).	2980

(f) Cyclohexylphenols: any compound containing a	2981
2-(3-hydroxycyclohexyl)phenol structure with or without	2982
substitution at the 5-position of the phenolic ring by an alkyl,	2983
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,	2984
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,	2985
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,	2986
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,	2987
whether or not further substituted on the cyclohexyl group to any	2988
extent. Cyclohexylphenols include, but are not limited to,	2989
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol	2990
(some trade or other names: CP-47,497) and	2991
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some	2992
trade or other names: cannabicyclohexanol; CP-47,497 C8	2993
homologue).	2994

(g) Benzoylindoles: any compound containing a	2995
3-(1-naphthoyl)indole structure with or without substitution at	2996
the nitrogen atom of the indole ring by an alkyl, haloalkyl,	2997
alkenyl, cycloalkylmethyl, cycloalkylethyl,	2998
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,	2999
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,	3000
((N-methyl)-3-morpholinyl)methyl or 2-(4-morpholinyl)ethyl group,	3001
whether or not further substituted on the indole ring to any	3002
extent or whether or not substituted on the phenyl group to any	3003
extent. Benzoylindoles include, but are not limited to,	3004
1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4),	3005
1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole	3006
(Pravadoline or WIN 48, 098).	3007

(D) Depressants

3008

Any material, compound, mixture, or preparation that contains	3009
any quantity of the following substances having a depressant	3010
effect on the central nervous system, including their salts,	3011
isomers, and salts of isomers, unless specifically excepted under	3012
federal drug abuse control laws, whenever the existence of these	3013
salts, isomers, and salts of isomers is possible within the	3014
specific chemical designation:	3015

(1) Mecloqualone;

3016

(2) Methaqualone.

3017

(E) Stimulants

3018

Unless specifically excepted or unless listed in another	3019
schedule, any material, compound, mixture, or preparation that	3020
contains any quantity of the following substances having a	3021
stimulant effect on the central nervous system, including their	3022
salts, isomers, and salts of isomers:	3023

(1) Aminorex (some other names: aminoxaphen;	3024
2-amino-5-phenyl-2-oxazoline; or	3025
4,5-dihydro-5-phenyl-2-oxazolamine);	3026

(2) Cathinone (some trade or other names:	3027
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	3028
2-aminopropiophenone, and norephedrone);	3029

(3) Fenethylline;

3030

(4) Methcathinone (some other names:	3031
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	3032
2-methylamino)-1-phenylpropan-1-one;	3033
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	3034
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	3035
UR1432, its salts, optical isomers, and salts of optical isomers;	3036

(5)(3) (+/-)cis-4-methylaminorex	3037
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	3038

(6)(4) N-ethylamphetamine;

3039

(7)(5) N,N-dimethylamphetamine (also known as	3040
N,N-alpha-trimethyl-benzeneethanamine;	3041
N,N-alpha-trimethylphenethylamine);	3042

(6) N-methyl-1-(thiophen-2-yl) propan-2-amine	3043
(Methiopropamine);	3044

(7) Substituted cathinones - any compound except bupropion or	3045
compounds listed under a different schedule, structurally derived	3046
from 2-aminopropan-1-one by substitution at the 1-position with	3047
either phenyl, naphthyl, or thiophene ring systems, whether or not	3048
the compound is further modified in any of the following ways:	3049

(a) By substitution in the ring system to any extent with	3050
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide	3051
substituents, whether or not further substituted in the ring	3052
system by one or more other univalent substituents;	3053

(b) By substitution at the 3-position with an acyclic alkyl	3054
substituent;	3055

(c) By substitution at the 2-amino nitrogen atom with alkyl,	3056
dialkyl, benzyl, or methoxybenzyl groups;	3057

(d) By inclusion of the 2-amino nitrogen atom in a cyclic	3058
structure.	3059

Examples of substituted cathinones include, but are not	3060
limited to, methylone (3,4-methylenedioxymethcathinone), MDPV	3061
(3,4-methylenedioxypyrovalerone), mephedrone	3062
(4-methylmethcathinone), 4-methoxymethcathinone,	3063
4-fluoromethcathinone, 3-fluoromethcathinone, Pentedrone	3064
(2-(methylamino)-1-phenyl-1-pentanone), pentylone	3065
(1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-pentanone),	3066
2-(1-pyrrolidinyl)-1-(4-methylphenyl)-1-propanone, alpha-PVP	3067
(1-phenyl-2-(1-pyrrodinyl)-1-pentanone), cathinone	3068
(2-amino-1-phenyl-1-propanone), and methcathinone	3069
(2-(methylamino)-propiophenone).	3070

SCHEDULE II	3071

(A) Narcotics-opium and opium derivatives

3072

Unless specifically excepted under federal drug abuse control	3073
laws or unless listed in another schedule, any of the following	3074
substances whether produced directly or indirectly by extraction	3075
from substances of vegetable origin, independently by means of	3076
chemical synthesis, or by a combination of extraction and chemical	3077
synthesis:	3078

(1) Opium and opiate, and any salt, compound, derivative, or	3079
preparation of opium or opiate, excluding apomorphine,	3080
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	3081
naloxone, and naltrexone, and their respective salts, but	3082
including the following:	3083

(a) Raw opium;

3084

(b) Opium extracts;

3085

(c) Opium fluid extracts;

3086

(d) Powdered opium;

3087

(e) Granulated opium;

3088

(f) Tincture of opium;

3089

(g) Codeine;

3090

(h) Ethylmorphine;

3091

(i) Etorphine hydrochloride;

3092

(j) Hydrocodone;

3093

(k) Hydromorphone;

3094

(l) Metopon;

3095

(m) Morphine;

3096

(n) Oxycodone;

3097

(o) Oxymorphone;

3098

(p) Thebaine.

3099

(2) Any salt, compound, derivative, or preparation thereof	3100
that is chemically equivalent to or identical with any of the	3101
substances referred to in division (A)(1) of this schedule, except	3102
that these substances shall not include the isoquinoline alkaloids	3103
of opium;	3104

(3) Opium poppy and poppy straw;

3105

(4) Coca leaves and any salt, compound, derivative, or	3106
preparation of coca leaves (including cocaine and ecgonine, their	3107
salts, isomers, and derivatives, and salts of those isomers and	3108
derivatives), and any salt, compound, derivative, or preparation	3109
thereof that is chemically equivalent to or identical with any of	3110
these substances, except that the substances shall not include	3111
decocainized coca leaves or extraction of coca leaves, which	3112
extractions do not contain cocaine or ecgonine;	3113

(5) Concentrate of poppy straw (the crude extract of poppy	3114
straw in either liquid, solid, or powder form that contains the	3115
phenanthrene alkaloids of the opium poppy).	3116

(B) Narcotics-opiates

3117

Unless specifically excepted under federal drug abuse control	3118
laws or unless listed in another schedule, any of the following	3119
opiates, including their isomers, esters, ethers, salts, and salts	3120
of isomers, esters, and ethers, whenever the existence of these	3121
isomers, esters, ethers, and salts is possible within the specific	3122
chemical designation, but excluding dextrorphan and	3123
levopropoxyphene:	3124

(1) Alfentanil;

3125

(2) Alphaprodine;

3126

(3) Anileridine;

3127

(4) Bezitramide;

3128

(5) Bulk dextropropoxyphene (non-dosage forms);

3129

(6) Carfentanil;

3130

(7) Dihydrocodeine;

3131

(8) Diphenoxylate;

3132

(9) Fentanyl;

3133

(10) Isomethadone;

3134

(11) Levo-alphacetylmethadol (some other names:	3135
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	3136

(12) Levomethorphan;

3137

(13) Levorphanol;

3138

(14) Metazocine;

3139

(15) Methadone;

3140

(16) Methadone-intermediate,	3141
4-cyano-2-dimethylamino-4,4-diphenyl butane;	3142

(17) Moramide-intermediate,	3143
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	3144

(18) Pethidine (meperidine);

3145

(19) Pethidine-intermediate-A,	3146
4-cyano-1-methyl-4-phenylpiperidine;	3147

(20) Pethidine-intermediate-B,	3148
ethyl-4-phenylpiperidine-4-carboxylate;	3149

(21) Pethidine-intermediate-C,	3150
1-methyl-4-phenylpiperidine-4-carboxylic acid;	3151

(22) Phenazocine;

3152

(23) Piminodine;

3153

(24) Racemethorphan;

3154

(25) Racemorphan;

3155

(26) Remifentanil;

3156

(27) Sufentanil.

3157

(C) Stimulants

3158

Unless specifically excepted under federal drug abuse control	3159
laws or unless listed in another schedule, any material, compound,	3160
mixture, or preparation that contains any quantity of the	3161
following substances having a stimulant effect on the central	3162
nervous system:	3163

(1) Amphetamine, its salts, its optical isomers, and salts of	3164
its optical isomers;	3165

(2) Methamphetamine, its salts, its isomers, and salts of its	3166
isomers;	3167

(3) Methylphenidate;

3168

(4) Phenmetrazine and its salts.

3169

(D) Depressants

3170

Unless specifically excepted under federal drug abuse control	3171
laws or unless listed in another schedule, any material, compound,	3172
mixture, or preparation that contains any quantity of the	3173
following substances having a depressant effect on the central	3174
nervous system, including their salts, isomers, and salts of	3175
isomers, whenever the existence of these salts, isomers, and salts	3176
of isomers is possible within the specific chemical designation:	3177

(1) Amobarbital;

3178

(2) Gamma-hydroxy-butyrate;

3179

(3) Glutethimide;

3180

(4) Pentobarbital;

3181

(5) Phencyclidine (some trade or other names:	3182
1-(1-phenylcyclohexyl)piperidine; PCP);	3183

(6) Secobarbital;

3184

(7) 1-aminophenylcyclohexane and all N-mono-substituted	3185
and/or all N-N-disubstituted analogs including, but not limited	3186
to, the following:	3187

(a) 1-phenylcyclohexylamine;

3188

(b) (1-phenylcyclohexyl) methylamine;

3189

(c) (1-phenylcyclohexyl) dimethylamine;

3190

(d) (1-phenylcyclohexyl) methylethylamine;

3191

(e) (1-phenylcyclohexyl) isopropylamine;

3192

(f) 1-(1-phenylcyclohexyl) morpholine.

3193

(E) Hallucinogenic substances

3194

(1) Nabilone (another name for nabilone:	3195
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	3196
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	3197

(F) Immediate precursors

3198

Unless specifically excepted under federal drug abuse control	3199
laws or unless listed in another schedule, any material, compound,	3200
mixture, or preparation that contains any quantity of the	3201
following substances:	3202

(1) Immediate precursor to amphetamine and methamphetamine:

3203

(a) Phenylacetone (some trade or other names:	3204
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	3205
ketone);	3206

(2) Immediate precursors to phencyclidine (PCP):

3207

(a) 1-phenylcyclohexylamine;

3208

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

3209

SCHEDULE III	3210

(A) Stimulants

3211

Unless specifically excepted under federal drug abuse control	3212
laws or unless listed in another schedule, any material, compound,	3213
mixture, or preparation that contains any quantity of the	3214
following substances having a stimulant effect on the central	3215
nervous system, including their salts, their optical isomers,	3216
position isomers, or geometric isomers, and salts of these	3217
isomers, whenever the existence of these salts, isomers, and salts	3218
of isomers is possible within the specific chemical designation:	3219

(1) All stimulant compounds, mixtures, and preparations	3220
included in schedule III pursuant to the federal drug abuse	3221
control laws and regulations adopted under those laws;	3222

(2) Benzphetamine;

3223

(3) Chlorphentermine;

3224

(4) Clortermine;

3225

(5) Phendimetrazine.

3226

(B) Depressants

3227

Unless specifically excepted under federal drug abuse control	3228
laws or unless listed in another schedule, any material, compound,	3229
mixture, or preparation that contains any quantity of the	3230
following substances having a depressant effect on the central	3231
nervous system:	3232

(1) Any compound, mixture, or preparation containing	3233
amobarbital, secobarbital, pentobarbital, or any salt of any of	3234
these drugs, and one or more other active medicinal ingredients	3235
that are not listed in any schedule;	3236

(2) Any suppository dosage form containing amobarbital,	3237
secobarbital, pentobarbital, or any salt of any of these drugs and	3238
approved by the food and drug administration for marketing only as	3239
a suppository;	3240

(3) Any substance that contains any quantity of a derivative	3241
of barbituric acid or any salt of a derivative of barbituric acid;	3242

(4) Chlorhexadol;

3243

(5) Ketamine, its salts, isomers, and salts of isomers (some	3244
other names for ketamine:	3245
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	3246

(6) Lysergic acid;

3247

(7) Lysergic acid amide;

3248

(8) Methyprylon;

3249

(9) Sulfondiethylmethane;

3250

(10) Sulfonethylmethane;

3251

(11) Sulfonmethane;

3252

(12) Tiletamine, zolazepam, or any salt of tiletamine or	3253
zolazepam (some trade or other names for a tiletamine-zolazepam	3254
combination product: Telazol); (some trade or other names for	3255
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	3256
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	3257
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	3258
flupyrazapon).	3259

(C) Narcotic antidotes

3260

(1) Nalorphine.

3261

(D) Narcotics-narcotic preparations

3262

Unless specifically excepted under federal drug abuse control	3263
laws or unless listed in another schedule, any material, compound,	3264
mixture, or preparation that contains any of the following	3265
narcotic drugs, or their salts calculated as the free anhydrous	3266
base or alkaloid, in limited quantities as set forth below:	3267

(1) Not more than 1.8 grams of codeine per 100 milliliters or	3268
not more than 90 milligrams per dosage unit, with an equal or	3269
greater quantity of an isoquinoline alkaloid of opium;	3270

(2) Not more than 1.8 grams of codeine per 100 milliliters or	3271
not more than 90 milligrams per dosage unit, with one or more	3272
active, nonnarcotic ingredients in recognized therapeutic amounts;	3273

(3) Not more than 300 milligrams of dihydrocodeinone per 100	3274
milliliters or not more than 15 milligrams per dosage unit, with a	3275
fourfold or greater quantity of an isoquinoline alkaloid of opium;	3276

(4) Not more than 300 milligrams of dihydrocodeinone per 100	3277
milliliters or not more than 15 milligrams per dosage unit, with	3278
one or more active, nonnarcotic ingredients in recognized	3279
therapeutic amounts;	3280

(5) Not more than 1.8 grams of dihydrocodeine per 100	3281
milliliters or not more than 90 milligrams per dosage unit, with	3282
one or more active, nonnarcotic ingredients in recognized	3283
therapeutic amounts;	3284

(6) Not more than 300 milligrams of ethylmorphine per 100	3285
milliliters or not more than 15 milligrams per dosage unit, with	3286
one or more active, nonnarcotic ingredients in recognized	3287
therapeutic amounts;	3288

(7) Not more than 500 milligrams of opium per 100 milliliters	3289
or per 100 grams or not more than 25 milligrams per dosage unit,	3290
with one or more active, nonnarcotic ingredients in recognized	3291
therapeutic amounts;	3292

(8) Not more than 50 milligrams of morphine per 100	3293
milliliters or per 100 grams, with one or more active, nonnarcotic	3294
ingredients in recognized therapeutic amounts.	3295

(E) Anabolic steroids

3296

Unless specifically excepted under federal drug abuse control	3297
laws or unless listed in another schedule, any material, compound,	3298
mixture, or preparation that contains any quantity of the	3299
following substances, including their salts, esters, isomers, and	3300
salts of esters and isomers, whenever the existence of these	3301
salts, esters, and isomers is possible within the specific	3302
chemical designation:	3303

(1) Anabolic steroids. Except as otherwise provided in	3304
division (E)(1) of schedule III, "anabolic steroids" means any	3305
drug or hormonal substance that is chemically and	3306
pharmacologically related to testosterone (other than estrogens,	3307
progestins, and corticosteroids) and that promotes muscle growth.	3308
"Anabolic steroids" does not include an anabolic steroid that is	3309
expressly intended for administration through implants to cattle	3310
or other nonhuman species and that has been approved by the United	3311
States secretary of health and human services for that	3312
administration, unless a person prescribes, dispenses, or	3313
distributes this type of anabolic steroid for human use. "Anabolic	3314
steroid" includes, but is not limited to, the following:	3315

(a) Boldenone;

3316

(b) Chlorotestosterone (4-chlortestosterone);

3317

(c) Clostebol;

3318

(d) Dehydrochlormethyltestosterone;

3319

(e) Dihydrotestosterone (4-dihydrotestosterone);

3320

(f) Drostanolone;

3321

(g) Ethylestrenol;

3322

(h) Fluoxymesterone;

3323

(i) Formebulone (formebolone);

3324

(j) Mesterolone;

3325

(k) Methandienone;

3326

(l) Methandranone;

3327

(m) Methandriol;

3328

(n) Methandrostenolone;

3329

(o) Methenolone;

3330

(p) Methyltestosterone;

3331

(q) Mibolerone;

3332

(r) Nandrolone;

3333

(s) Norethandrolone;

3334

(t) Oxandrolone;

3335

(u) Oxymesterone;

3336

(v) Oxymetholone;

3337

(w) Stanolone;

3338

(x) Stanozolol;

3339

(y) Testolactone;

3340

(z) Testosterone;

3341

(aa) Trenbolone;

3342

(bb) Any salt, ester, isomer, or salt of an ester or isomer	3343
of a drug or hormonal substance described or listed in division	3344
(E)(1) of schedule III if the salt, ester, or isomer promotes	3345
muscle growth.	3346

(F) Hallucinogenic substances

3347

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	3348
a soft gelatin capsule in a United States food and drug	3349
administration approved drug product (some other names for	3350
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	3351
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	3352
(-)-delta-9-(trans)-tetrahydrocannabinol).	3353

SCHEDULE IV	3354

(A) Narcotic drugs

3355

Unless specifically excepted by federal drug abuse control	3356
laws or unless listed in another schedule, any material, compound,	3357
mixture, or preparation that contains any of the following	3358
narcotic drugs, or their salts calculated as the free anhydrous	3359
base or alkaloid, in limited quantities as set forth below:	3360

(1) Not more than one milligram of difenoxin and not less	3361
than 25 micrograms of atropine sulfate per dosage unit;	3362

(2) Dextropropoxyphene	3363
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	3364
propionoxybutane)[final dosage forms].	3365

(B) Depressants

3366

Unless specifically excepted under federal drug abuse control	3367
laws or unless listed in another schedule, any material, compound,	3368
mixture, or preparation that contains any quantity of the	3369
following substances, including their salts, isomers, and salts of	3370
isomers, whenever the existence of these salts, isomers, and salts	3371
of isomers is possible within the specific chemical designation:	3372

(1) Alprazolam;

3373

(2) Barbital;

3374

(3) Bromazepam;

3375

(4) Camazepam;

3376

(5) Chloral betaine;

3377

(6) Chloral hydrate;

3378

(7) Chlordiazepoxide;

3379

(8) Clobazam;

3380

(9) Clonazepam;

3381

(10) Clorazepate;

3382

(11) Clotiazepam;

3383

(12) Cloxazolam;

3384

(13) Delorazepam;

3385

(14) Diazepam;

3386

(15) Estazolam;

3387

(16) Ethchlorvynol;

3388

(17) Ethinamate;

3389

(18) Ethyl loflazepate;

3390

(19) Fludiazepam;

3391

(20) Flunitrazepam;

3392

(21) Flurazepam;

3393

(22) Halazepam;

3394

(23) Haloxazolam;

3395

(24) Ketazolam;

3396

(25) Loprazolam;

3397

(26) Lorazepam;

3398

(27) Lormetazepam;

3399

(28) Mebutamate;

3400

(29) Medazepam;

3401

(30) Meprobamate;

3402

(31) Methohexital;

3403

(32) Methylphenobarbital (mephobarbital);

3404

(33) Midazolam;

3405

(34) Nimetazepam;

3406

(35) Nitrazepam;

3407

(36) Nordiazepam;

3408

(37) Oxazepam;

3409

(38) Oxazolam;

3410

(39) Paraldehyde;

3411

(40) Petrichloral;

3412

(41) Phenobarbital;

3413

(42) Pinazepam;

3414

(43) Prazepam;

3415

(44) Quazepam;

3416

(45) Temazepam;

3417

(46) Tetrazepam;

3418

(47) Triazolam;

3419

(48) Zaleplon;

3420

(49) Zolpidem.

3421

(C) Fenfluramine

3422

Any material, compound, mixture, or preparation that contains	3423
any quantity of the following substances, including their salts,	3424
their optical isomers, position isomers, or geometric isomers, and	3425
salts of these isomers, whenever the existence of these salts,	3426
isomers, and salts of isomers is possible within the specific	3427
chemical designation:	3428

(1) Fenfluramine.

3429

(D) Stimulants

3430

Unless specifically excepted under federal drug abuse control	3431
laws or unless listed in another schedule, any material, compound,	3432
mixture, or preparation that contains any quantity of the	3433
following substances having a stimulant effect on the central	3434
nervous system, including their salts, their optical isomers,	3435
position isomers, or geometric isomers, and salts of these	3436
isomers, whenever the existence of these salts, isomers, and salts	3437
of isomers is possible within the specific chemical designation:	3438

(1) Cathine ((+)-norpseudoephedrine);

3439

(2) Diethylpropion;

3440

(3) Fencamfamin;

3441

(4) Fenproporex;

3442

(5) Mazindol;

3443

(6) Mefenorex;

3444

(7) Modafinil;

3445

(8) Pemoline (including organometallic complexes and chelates	3446
thereof);	3447

(9) Phentermine;

3448

(10) Pipradrol;

3449

(11) Sibutramine;

3450

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

3451

(E) Other substances

3452

Unless specifically excepted under federal drug abuse control	3453
laws or unless listed in another schedule, any material, compound,	3454
mixture, or preparation that contains any quantity of the	3455
following substances, including their salts:	3456

(1) Pentazocine;

3457

(2) Butorphanol (including its optical isomers).

3458

SCHEDULE V	3459

(A) Narcotic drugs

3460

Unless specifically excepted under federal drug abuse control	3461
laws or unless listed in another schedule, any material, compound,	3462
mixture, or preparation that contains any of the following	3463
narcotic drugs, and their salts, as set forth below:	3464

(1) Buprenorphine.

3465

(B) Narcotics-narcotic preparations

3466

Narcotic drugs containing non-narcotic active medicinal	3467
ingredients. Any compound, mixture, or preparation that contains	3468
any of the following narcotic drugs, or their salts calculated as	3469
the free anhydrous base or alkaloid, in limited quantities as set	3470
forth below, and that includes one or more nonnarcotic active	3471
medicinal ingredients in sufficient proportion to confer upon the	3472
compound, mixture, or preparation valuable medicinal qualities	3473
other than those possessed by narcotic drugs alone:	3474

(1) Not more than 200 milligrams of codeine per 100	3475
milliliters or per 100 grams;	3476

(2) Not more than 100 milligrams of dihydrocodeine per 100	3477
milliliters or per 100 grams;	3478

(3) Not more than 100 milligrams of ethylmorphine per 100	3479
milliliters or per 100 grams;	3480

(4) Not more than 2.5 milligrams of diphenoxylate and not	3481
less than 25 micrograms of atropine sulfate per dosage unit;	3482

(5) Not more than 100 milligrams of opium per 100 milliliters	3483
or per 100 grams;	3484

(6) Not more than 0.5 milligram of difenoxin and not less	3485
than 25 micrograms of atropine sulfate per dosage unit.	3486

(C) Stimulants

3487

Unless specifically exempted or excluded under federal drug	3488
abuse control laws or unless listed in another schedule, any	3489
material, compound, mixture, or preparation that contains any	3490
quantity of the following substances having a stimulant effect on	3491
the central nervous system, including their salts, isomers, and	3492
salts of isomers:	3493

(1) Ephedrine, except as provided in division (K) of section	3494
3719.44 of the Revised Code;	3495

(2) Pyrovalerone.

3496

Section 2. That existing sections 2925.01, 2925.03, 2925.11,	3497
2925.55, 2925.56, 2925.57, 2929.01, 3715.05, 3719.013, and 3719.41	3498
of the Revised Code are hereby repealed.	3499

Section 3. The amendment of sections 2925.55, 2925.56,	3500
2925.57, and 3715.05 and the enactment of sections 109.89,	3501
3715.051, 3715.052, 3715.053, and 3715.054 of the Revised Code	3502
take effect ninety days after the effective date of this section.	3503

Section 4.  Section 2925.11 of the Revised Code is presented	3504
in this act as a composite of the section as amended by both Sub.	3505
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly. The	3506
General Assembly, applying the principle stated in division (B) of	3507
section 1.52 of the Revised Code that amendments are to be	3508
harmonized if reasonably capable of simultaneous operation, finds	3509
that the composite is the resulting version of the section in	3510
effect prior to the effective date of the section as presented in	3511
this act.	3512

Section 5. This act is hereby declared to be an emergency	3513
measure necessary for the immediate preservation of the public	3514
peace, health, and safety. The reason for such necessity is that	3515
state and local law enforcement agencies need, without delay, the	3516
additional tools made available by this act to combat the	3517
production, use, and distribution of methamphetamine and certain	3518
synthetic drugs that are increasingly being abused and result in	3519
serious health outcomes. Therefore, this act shall go into	3520
immediate effect.	3521