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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
"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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
(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 |
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 |
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 |
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 |
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 |
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 |
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 |