As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 313

Senator Kearney 

Cosponsor: Senator Turner 

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A BILL

To amend sections 2925.11, 2925.12, 2925.14, and

1

2925.141 and to enact section 2925.142 of the

2

Revised Code to provide a qualified immunity from

3

arrest, prosecution, conviction, penalizing, and

4

supervised release sanctioning for a minor drug

5

possession offense or a drug paraphernalia

6

possession or use offense for a person who seeks

7

assistance for self or another person who is

8

experiencing an emergency drug overdose.

9

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

Section 1. That sections 2925.11, 2925.12, 2925.14, and	10
2925.141 be amended and section 2925.142 of the Revised Code be	11
enacted to read as follows:	12

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	13
or use a controlled substance or a controlled substance analog.	14

(B)(1) This section does not apply to any of the following:

15

(1)(a) Manufacturers, licensed health professionals	16
authorized to prescribe drugs, pharmacists, owners of pharmacies,	17
and other persons whose conduct was in accordance with Chapters	18
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	19
Code;	20

(2)(b) If the offense involves an anabolic steroid, any	21
person who is conducting or participating in a research project	22
involving the use of an anabolic steroid if the project has been	23
approved by the United States food and drug administration;	24

(3)(c) Any person who sells, offers for sale, prescribes,	25
dispenses, or administers for livestock or other nonhuman species	26
an anabolic steroid that is expressly intended for administration	27
through implants to livestock or other nonhuman species and	28
approved for that purpose under the "Federal Food, Drug, and	29
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	30
and is sold, offered for sale, prescribed, dispensed, or	31
administered for that purpose in accordance with that act;	32

(4)(d) Any person who obtained the controlled substance	33
pursuant to a lawful prescription issued by a licensed health	34
professional authorized to prescribe drugs.	35

(2) Section 2925.142 of the Revised Code applies with respect	36
to a person who commits a violation of this section that is a	37
minor drug possession offense, if the person's conduct and the	38
circumstances of the violation satisfy the criteria set forth in	39
division (B) of that section.	40

(C) Whoever violates division (A) of this section is guilty	41
of one of the following:	42

(1) If the drug involved in the violation is a compound,	43
mixture, preparation, or substance included in schedule I or II,	44
with the exception of marihuana, cocaine, L.S.D., heroin, hashish,	45
and controlled substance analogs, whoever violates division (A) of	46
this section is guilty of aggravated possession of drugs. The	47
penalty for the offense shall be determined as follows:	48

(a) Except as otherwise provided in division (C)(1)(b), (c),	49
(d), or (e) of this section, aggravated possession of drugs is a	50
felony of the fifth degree, and division (B) of section 2929.13 of	51
the Revised Code applies in determining whether to impose a prison	52
term on the offender.	53

(b) If the amount of the drug involved equals or exceeds the	54
bulk amount but is less than five times the bulk amount,	55
aggravated possession of drugs is a felony of the third degree,	56
and there is a presumption for a prison term for the offense.	57

(c) If the amount of the drug involved equals or exceeds five	58
times the bulk amount but is less than fifty times the bulk	59
amount, aggravated possession of drugs is a felony of the second	60
degree, and the court shall impose as a mandatory prison term one	61
of the prison terms prescribed for a felony of the second degree.	62

(d) If the amount of the drug involved equals or exceeds	63
fifty times the bulk amount but is less than one hundred times the	64
bulk amount, aggravated possession of drugs is a felony of the	65
first degree, and the court shall impose as a mandatory prison	66
term one of the prison terms prescribed for a felony of the first	67
degree.	68

(e) If the amount of the drug involved equals or exceeds one	69
hundred times the bulk amount, aggravated possession of drugs is a	70
felony of the first degree, the offender is a major drug offender,	71
and the court shall impose as a mandatory prison term the maximum	72
prison term prescribed for a felony of the first degree.	73

(2) If the drug involved in the violation is a compound,	74
mixture, preparation, or substance included in schedule III, IV,	75
or V, whoever violates division (A) of this section is guilty of	76
possession of drugs. The penalty for the offense shall be	77
determined as follows:	78

(a) Except as otherwise provided in division (C)(2)(b), (c),	79
or (d) of this section, possession of drugs is a misdemeanor of	80
the first degree or, if the offender previously has been convicted	81
of a drug abuse offense, a felony of the fifth degree.	82

(b) If the amount of the drug involved equals or exceeds the	83
bulk amount but is less than five times the bulk amount,	84
possession of drugs is a felony of the fourth degree, and division	85
(C) of section 2929.13 of the Revised Code applies in determining	86
whether to impose a prison term on the offender.	87

(c) If the amount of the drug involved equals or exceeds five	88
times the bulk amount but is less than fifty times the bulk	89
amount, possession of drugs is a felony of the third degree, and	90
there is a presumption for a prison term for the offense.	91

(d) If the amount of the drug involved equals or exceeds	92
fifty times the bulk amount, possession of drugs is a felony of	93
the second degree, and the court shall impose upon the offender as	94
a mandatory prison term one of the prison terms prescribed for a	95
felony of the second degree.	96

(3) If the drug involved in the violation is marihuana or a	97
compound, mixture, preparation, or substance containing marihuana	98
other than hashish, whoever violates division (A) of this section	99
is guilty of possession of marihuana. The penalty for the offense	100
shall be determined as follows:	101

(a) Except as otherwise provided in division (C)(3)(b), (c),	102
(d), (e), (f), or (g) of this section, possession of marihuana is	103
a minor misdemeanor.	104

(b) If the amount of the drug involved equals or exceeds one	105
hundred grams but is less than two hundred grams, possession of	106
marihuana is a misdemeanor of the fourth degree.	107

(c) If the amount of the drug involved equals or exceeds two	108
hundred grams but is less than one thousand grams, possession of	109
marihuana is a felony of the fifth degree, and division (B) of	110
section 2929.13 of the Revised Code applies in determining whether	111
to impose a prison term on the offender.	112

(d) If the amount of the drug involved equals or exceeds one	113
thousand grams but is less than five thousand grams, possession of	114
marihuana is a felony of the third degree, and division (C) of	115
section 2929.13 of the Revised Code applies in determining whether	116
to impose a prison term on the offender.	117

(e) If the amount of the drug involved equals or exceeds five	118
thousand grams but is less than twenty thousand grams, possession	119
of marihuana is a felony of the third degree, and there is a	120
presumption that a prison term shall be imposed for the offense.	121

(f) If the amount of the drug involved equals or exceeds	122
twenty thousand grams but is less than forty thousand grams,	123
possession of marihuana is a felony of the second degree, and the	124
court shall impose a mandatory prison term of five, six, seven, or	125
eight years.	126

(g) If the amount of the drug involved equals or exceeds	127
forty thousand grams, possession of marihuana is a felony of the	128
second degree, and the court shall impose as a mandatory prison	129
term the maximum prison term prescribed for a felony of the second	130
degree.	131

(4) If the drug involved in the violation is cocaine or a	132
compound, mixture, preparation, or substance containing cocaine,	133
whoever violates division (A) of this section is guilty of	134
possession of cocaine. The penalty for the offense shall be	135
determined as follows:	136

(a) Except as otherwise provided in division (C)(4)(b), (c),	137
(d), (e), or (f) of this section, possession of cocaine is a	138
felony of the fifth degree, and division (B) of section 2929.13 of	139
the Revised Code applies in determining whether to impose a prison	140
term on the offender.	141

(b) If the amount of the drug involved equals or exceeds five	142
grams but is less than ten grams of cocaine, possession of cocaine	143
is a felony of the fourth degree, and division (B) of section	144
2929.13 of the Revised Code applies in determining whether to	145
impose a prison term on the offender.	146

(c) If the amount of the drug involved equals or exceeds ten	147
grams but is less than twenty grams of cocaine, possession of	148
cocaine is a felony of the third degree, and, except as otherwise	149
provided in this division, there is a presumption for a prison	150
term for the offense. If possession of cocaine is a felony of the	151
third degree under this division and if the offender two or more	152
times previously has been convicted of or pleaded guilty to a	153
felony drug abuse offense, the court shall impose as a mandatory	154
prison term one of the prison terms prescribed for a felony of the	155
third degree.	156

(d) If the amount of the drug involved equals or exceeds	157
twenty grams but is less than twenty-seven grams of cocaine,	158
possession of cocaine is a felony of the second degree, and the	159
court shall impose as a mandatory prison term one of the prison	160
terms prescribed for a felony of the second degree.	161

(e) If the amount of the drug involved equals or exceeds	162
twenty-seven grams but is less than one hundred grams of cocaine,	163
possession of cocaine is a felony of the first degree, and the	164
court shall impose as a mandatory prison term one of the prison	165
terms prescribed for a felony of the first degree.	166

(f) If the amount of the drug involved equals or exceeds one	167
hundred grams of cocaine, possession of cocaine is a felony of the	168
first degree, the offender is a major drug offender, and the court	169
shall impose as a mandatory prison term the maximum prison term	170
prescribed for a felony of the first degree.	171

(5) If the drug involved in the violation is L.S.D., whoever	172
violates division (A) of this section is guilty of possession of	173
L.S.D. The penalty for the offense shall be determined as follows:	174

(a) Except as otherwise provided in division (C)(5)(b), (c),	175
(d), (e), or (f) of this section, possession of L.S.D. is a felony	176
of the fifth degree, and division (B) of section 2929.13 of the	177
Revised Code applies in determining whether to impose a prison	178
term on the offender.	179

(b) If the amount of L.S.D. involved equals or exceeds ten	180
unit doses but is less than fifty unit doses of L.S.D. in a solid	181
form or equals or exceeds one gram but is less than five grams of	182
L.S.D. in a liquid concentrate, liquid extract, or liquid	183
distillate form, possession of L.S.D. is a felony of the fourth	184
degree, and division (C) of section 2929.13 of the Revised Code	185
applies in determining whether to impose a prison term on the	186
offender.	187

(c) If the amount of L.S.D. involved equals or exceeds fifty	188
unit doses, but is less than two hundred fifty unit doses of	189
L.S.D. in a solid form or equals or exceeds five grams but is less	190
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	191
extract, or liquid distillate form, possession of L.S.D. is a	192
felony of the third degree, and there is a presumption for a	193
prison term for the offense.	194

(d) If the amount of L.S.D. involved equals or exceeds two	195
hundred fifty unit doses but is less than one thousand unit doses	196
of L.S.D. in a solid form or equals or exceeds twenty-five grams	197
but is less than one hundred grams of L.S.D. in a liquid	198
concentrate, liquid extract, or liquid distillate form, possession	199
of L.S.D. is a felony of the second degree, and the court shall	200
impose as a mandatory prison term one of the prison terms	201
prescribed for a felony of the second degree.	202

(e) If the amount of L.S.D. involved equals or exceeds one	203
thousand unit doses but is less than five thousand unit doses of	204
L.S.D. in a solid form or equals or exceeds one hundred grams but	205
is less than five hundred grams of L.S.D. in a liquid concentrate,	206
liquid extract, or liquid distillate form, possession of L.S.D. is	207
a felony of the first degree, and the court shall impose as a	208
mandatory prison term one of the prison terms prescribed for a	209
felony of the first degree.	210

(f) If the amount of L.S.D. involved equals or exceeds five	211
thousand unit doses of L.S.D. in a solid form or equals or exceeds	212
five hundred grams of L.S.D. in a liquid concentrate, liquid	213
extract, or liquid distillate form, possession of L.S.D. is a	214
felony of the first degree, the offender is a major drug offender,	215
and the court shall impose as a mandatory prison term the maximum	216
prison term prescribed for a felony of the first degree.	217

(6) If the drug involved in the violation is heroin or a	218
compound, mixture, preparation, or substance containing heroin,	219
whoever violates division (A) of this section is guilty of	220
possession of heroin. The penalty for the offense shall be	221
determined as follows:	222

(a) Except as otherwise provided in division (C)(6)(b), (c),	223
(d), (e), or (f) of this section, possession of heroin is a felony	224
of the fifth degree, and division (B) of section 2929.13 of the	225
Revised Code applies in determining whether to impose a prison	226
term on the offender.	227

(b) If the amount of the drug involved equals or exceeds ten	228
unit doses but is less than fifty unit doses or equals or exceeds	229
one gram but is less than five grams, possession of heroin is a	230
felony of the fourth degree, and division (C) of section 2929.13	231
of the Revised Code applies in determining whether to impose a	232
prison term on the offender.	233

(c) If the amount of the drug involved equals or exceeds	234
fifty unit doses but is less than one hundred unit doses or equals	235
or exceeds five grams but is less than ten grams, possession of	236
heroin is a felony of the third degree, and there is a presumption	237
for a prison term for the offense.	238

(d) If the amount of the drug involved equals or exceeds one	239
hundred unit doses but is less than five hundred unit doses or	240
equals or exceeds ten grams but is less than fifty grams,	241
possession of heroin is a felony of the second degree, and the	242
court shall impose as a mandatory prison term one of the prison	243
terms prescribed for a felony of the second degree.	244

(e) If the amount of the drug involved equals or exceeds five	245
hundred unit doses but is less than two thousand five hundred unit	246
doses or equals or exceeds fifty grams but is less than two	247
hundred fifty grams, possession of heroin is a felony of the first	248
degree, and the court shall impose as a mandatory prison term one	249
of the prison terms prescribed for a felony of the first degree.	250

(f) If the amount of the drug involved equals or exceeds two	251
thousand five hundred unit doses or equals or exceeds two hundred	252
fifty grams, possession of heroin is a felony of the first degree,	253
the offender is a major drug offender, and the court shall impose	254
as a mandatory prison term the maximum prison term prescribed for	255
a felony of the first degree.	256

(7) If the drug involved in the violation is hashish or a	257
compound, mixture, preparation, or substance containing hashish,	258
whoever violates division (A) of this section is guilty of	259
possession of hashish. The penalty for the offense shall be	260
determined as follows:	261

(a) Except as otherwise provided in division (C)(7)(b), (c),	262
(d), (e), (f), or (g) of this section, possession of hashish is a	263
minor misdemeanor.	264

(b) If the amount of the drug involved equals or exceeds five	265
grams but is less than ten grams of hashish in a solid form or	266
equals or exceeds one gram but is less than two grams of hashish	267
in a liquid concentrate, liquid extract, or liquid distillate	268
form, possession of hashish is a misdemeanor of the fourth degree.	269

(c) If the amount of the drug involved equals or exceeds ten	270
grams but is less than fifty grams of hashish in a solid form or	271
equals or exceeds two grams but is less than ten grams of hashish	272
in a liquid concentrate, liquid extract, or liquid distillate	273
form, possession of hashish is a felony of the fifth degree, and	274
division (B) of section 2929.13 of the Revised Code applies in	275
determining whether to impose a prison term on the offender.	276

(d) If the amount of the drug involved equals or exceeds	277
fifty grams but is less than two hundred fifty grams of hashish in	278
a solid form or equals or exceeds ten grams but is less than fifty	279
grams of hashish in a liquid concentrate, liquid extract, or	280
liquid distillate form, possession of hashish is a felony of the	281
third degree, and division (C) of section 2929.13 of the Revised	282
Code applies in determining whether to impose a prison term on the	283
offender.	284

(e) If the amount of the drug involved equals or exceeds two	285
hundred fifty grams but is less than one thousand grams of hashish	286
in a solid form or equals or exceeds fifty grams but is less than	287
two hundred grams of hashish in a liquid concentrate, liquid	288
extract, or liquid distillate form, possession of hashish is a	289
felony of the third degree, and there is a presumption that a	290
prison term shall be imposed for the offense.	291

(f) If the amount of the drug involved equals or exceeds one	292
thousand grams but is less than two thousand grams of hashish in a	293
solid form or equals or exceeds two hundred grams but is less than	294
four hundred grams of hashish in a liquid concentrate, liquid	295
extract, or liquid distillate form, possession of hashish is a	296
felony of the second degree, and the court shall impose a	297
mandatory prison term of five, six, seven, or eight years.	298

(g) If the amount of the drug involved equals or exceeds two	299
thousand grams of hashish in a solid form or equals or exceeds	300
four hundred grams of hashish in a liquid concentrate, liquid	301
extract, or liquid distillate form, possession of hashish is a	302
felony of the second degree, and the court shall impose as a	303
mandatory prison term the maximum prison term prescribed for a	304
felony of the second degree.	305

(8) If the drug involved is a controlled substance analog or	306
compound, mixture, preparation, or substance that contains a	307
controlled substance analog, whoever violates division (A) of this	308
section is guilty of possession of a controlled substance analog.	309
The penalty for the offense shall be determined as follows:	310

(a) Except as otherwise provided in division (C)(8)(b), (c),	311
(d), (e), or (f) of this section, possession of a controlled	312
substance analog is a felony of the fifth degree, and division (B)	313
of section 2929.13 of the Revised Code applies in determining	314
whether to impose a prison term on the offender.	315

(b) If the amount of the drug involved equals or exceeds ten	316
grams but is less than twenty grams, possession of a controlled	317
substance analog is a felony of the fourth degree, and there is a	318
presumption for a prison term for the offense.	319

(c) If the amount of the drug involved equals or exceeds	320
twenty grams but is less than thirty grams, possession of a	321
controlled substance analog is a felony of the third degree, and	322
there is a presumption for a prison term for the offense.	323

(d) If the amount of the drug involved equals or exceeds	324
thirty grams but is less than forty grams, possession of a	325
controlled substance analog is a felony of the second degree, and	326
the court shall impose as a mandatory prison term one of the	327
prison terms prescribed for a felony of the second degree.	328

(e) If the amount of the drug involved equals or exceeds	329
forty grams but is less than fifty grams, possession of a	330
controlled substance analog is a felony of the first degree, and	331
the court shall impose as a mandatory prison term one of the	332
prison terms prescribed for a felony of the first degree.	333

(f) If the amount of the drug involved equals or exceeds	334
fifty grams, possession of a controlled substance analog is a	335
felony of the first degree, the offender is a major drug offender,	336
and the court shall impose as a mandatory prison term the maximum	337
prison term prescribed for a felony of the first degree.	338

(D) Arrest or conviction for a minor misdemeanor violation of	339
this section does not constitute a criminal record and need not be	340
reported by the person so arrested or convicted in response to any	341
inquiries about the person's criminal record, including any	342
inquiries contained in any application for employment, license, or	343
other right or privilege, or made in connection with the person's	344
appearance as a witness.	345

(E) In addition to any prison term or jail term authorized or	346
required by division (C) of this section and sections 2929.13,	347
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	348
addition to any other sanction that is imposed for the offense	349
under this section, sections 2929.11 to 2929.18, or sections	350
2929.21 to 2929.28 of the Revised Code, the court that sentences	351
an offender who is convicted of or pleads guilty to a violation of	352
division (A) of this section shall do all of the following that	353
are applicable regarding the offender:	354

(1)(a) If the violation is a felony of the first, second, or	355
third degree, the court shall impose upon the offender the	356
mandatory fine specified for the offense under division (B)(1) of	357
section 2929.18 of the Revised Code unless, as specified in that	358
division, the court determines that the offender is indigent.	359

(b) Notwithstanding any contrary provision of section 3719.21	360
of the Revised Code, the clerk of the court shall pay a mandatory	361
fine or other fine imposed for a violation of this section	362
pursuant to division (A) of section 2929.18 of the Revised Code in	363
accordance with and subject to the requirements of division (F) of	364
section 2925.03 of the Revised Code. The agency that receives the	365
fine shall use the fine as specified in division (F) of section	366
2925.03 of the Revised Code.	367

(c) If a person is charged with a violation of this section	368
that is a felony of the first, second, or third degree, posts	369
bail, and forfeits the bail, the clerk shall pay the forfeited	370
bail pursuant to division (E)(1)(b) of this section as if it were	371
a mandatory fine imposed under division (E)(1)(a) of this section.	372

(2) The court shall suspend for not less than six months or	373
more than five years the offender's driver's or commercial	374
driver's license or permit.	375

(3) If the offender is a professionally licensed person, in	376
addition to any other sanction imposed for a violation of this	377
section, the court immediately shall comply with section 2925.38	378
of the Revised Code.	379

(F) It is an affirmative defense, as provided in section	380
2901.05 of the Revised Code, to a charge of a fourth degree felony	381
violation under this section that the controlled substance that	382
gave rise to the charge is in an amount, is in a form, is	383
prepared, compounded, or mixed with substances that are not	384
controlled substances in a manner, or is possessed under any other	385
circumstances, that indicate that the substance was possessed	386
solely for personal use. Notwithstanding any contrary provision of	387
this section, if, in accordance with section 2901.05 of the	388
Revised Code, an accused who is charged with a fourth degree	389
felony violation of division (C)(2), (4), (5), or (6) of this	390
section sustains the burden of going forward with evidence of and	391
establishes by a preponderance of the evidence the affirmative	392
defense described in this division, the accused may be prosecuted	393
for and may plead guilty to or be convicted of a misdemeanor	394
violation of division (C)(2) of this section or a fifth degree	395
felony violation of division (C)(4), (5), or (6) of this section	396
respectively.	397

(G) When a person is charged with possessing a bulk amount or	398
multiple of a bulk amount, division (E) of section 2925.03 of the	399
Revised Code applies regarding the determination of the amount of	400
the controlled substance involved at the time of the offense.	401

(H) It is an affirmative defense to a charge of possession of	402
a controlled substance analog under division (C)(8) of this	403
section that the person charged with violating that offense	404
obtained, possessed, or used an item described in division	405
(HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.	406

Sec. 2925.12.  (A) No person shall knowingly make, obtain,	407
possess, or use any instrument, article, or thing the customary	408
and primary purpose of which is for the administration or use of a	409
dangerous drug, other than marihuana, when the instrument involved	410
is a hypodermic or syringe, whether or not of crude or	411
extemporized manufacture or assembly, and the instrument, article,	412
or thing involved has been used by the offender to unlawfully	413
administer or use a dangerous drug, other than marihuana, or to	414
prepare a dangerous drug, other than marihuana, for unlawful	415
administration or use.	416

(B)(1) This section does not apply to manufacturers, licensed	417
health professionals authorized to prescribe drugs, pharmacists,	418
owners of pharmacies, and other persons whose conduct was in	419
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	420
and 4741. of the Revised Code.	421

(2) Section 2925.142 of the Revised Code applies with respect	422
to a person who violates this section by knowingly possessing or	423
using an instrument, article, or thing as described in division	424
(A) of this section, if the person's conduct and the circumstances	425
of the violation satisfy the criteria set forth in division (B) of	426
that section.	427

(C) Whoever violates this section is guilty of possessing	428
drug abuse instruments, a misdemeanor of the second degree. If the	429
offender previously has been convicted of a drug abuse offense, a	430
violation of this section is a misdemeanor of the first degree.	431

(D) In addition to any other sanction imposed upon an	432
offender for a violation of this section, the court shall suspend	433
for not less than six months or more than five years the	434
offender's driver's or commercial driver's license or permit. If	435
the offender is a professionally licensed person, in addition to	436
any other sanction imposed for a violation of this section, the	437
court immediately shall comply with section 2925.38 of the Revised	438
Code.	439

Sec. 2925.14.  (A) As used in this section, "drug	440
paraphernalia" means any equipment, product, or material of any	441
kind that is used by the offender, intended by the offender for	442
use, or designed for use, in propagating, cultivating, growing,	443
harvesting, manufacturing, compounding, converting, producing,	444
processing, preparing, testing, analyzing, packaging, repackaging,	445
storing, containing, concealing, injecting, ingesting, inhaling,	446
or otherwise introducing into the human body, a controlled	447
substance in violation of this chapter. "Drug paraphernalia"	448
includes, but is not limited to, any of the following equipment,	449
products, or materials that are used by the offender, intended by	450
the offender for use, or designed by the offender for use, in any	451
of the following manners:	452

(1) A kit for propagating, cultivating, growing, or	453
harvesting any species of a plant that is a controlled substance	454
or from which a controlled substance can be derived;	455

(2) A kit for manufacturing, compounding, converting,	456
producing, processing, or preparing a controlled substance;	457

(3) Any object, instrument, or device for manufacturing,	458
compounding, converting, producing, processing, or preparing	459
methamphetamine;	460

(4) An isomerization device for increasing the potency of any	461
species of a plant that is a controlled substance;	462

(5) Testing equipment for identifying, or analyzing the	463
strength, effectiveness, or purity of, a controlled substance;	464

(6) A scale or balance for weighing or measuring a controlled	465
substance;	466

(7) A diluent or adulterant, such as quinine hydrochloride,	467
mannitol, mannite, dextrose, or lactose, for cutting a controlled	468
substance;	469

(8) A separation gin or sifter for removing twigs and seeds	470
from, or otherwise cleaning or refining, marihuana;	471

(9) A blender, bowl, container, spoon, or mixing device for	472
compounding a controlled substance;	473

(10) A capsule, balloon, envelope, or container for packaging	474
small quantities of a controlled substance;	475

(11) A container or device for storing or concealing a	476
controlled substance;	477

(12) A hypodermic syringe, needle, or instrument for	478
parenterally injecting a controlled substance into the human body;	479

(13) An object, instrument, or device for ingesting,	480
inhaling, or otherwise introducing into the human body, marihuana,	481
cocaine, hashish, or hashish oil, such as a metal, wooden,	482
acrylic, glass, stone, plastic, or ceramic pipe, with or without a	483
screen, permanent screen, hashish head, or punctured metal bowl;	484
water pipe; carburetion tube or device; smoking or carburetion	485
mask; roach clip or similar object used to hold burning material,	486
such as a marihuana cigarette, that has become too small or too	487
short to be held in the hand; miniature cocaine spoon, or cocaine	488
vial; chamber pipe; carburetor pipe; electric pipe; air driver	489
pipe; chillum; bong; or ice pipe or chiller.	490

(B) In determining if any equipment, product, or material is	491
drug paraphernalia, a court or law enforcement officer shall	492
consider, in addition to other relevant factors, the following:	493

(1) Any statement by the owner, or by anyone in control, of	494
the equipment, product, or material, concerning its use;	495

(2) The proximity in time or space of the equipment, product,	496
or material, or of the act relating to the equipment, product, or	497
material, to a violation of any provision of this chapter;	498

(3) The proximity of the equipment, product, or material to	499
any controlled substance;	500

(4) The existence of any residue of a controlled substance on	501
the equipment, product, or material;	502

(5) Direct or circumstantial evidence of the intent of the	503
owner, or of anyone in control, of the equipment, product, or	504
material, to deliver it to any person whom the owner or person in	505
control of the equipment, product, or material knows intends to	506
use the object to facilitate a violation of any provision of this	507
chapter. A finding that the owner, or anyone in control, of the	508
equipment, product, or material, is not guilty of a violation of	509
any other provision of this chapter does not prevent a finding	510
that the equipment, product, or material was intended or designed	511
by the offender for use as drug paraphernalia.	512

(6) Any oral or written instruction provided with the	513
equipment, product, or material concerning its use;	514

(7) Any descriptive material accompanying the equipment,	515
product, or material and explaining or depicting its use;	516

(8) National or local advertising concerning the use of the	517
equipment, product, or material;	518

(9) The manner and circumstances in which the equipment,	519
product, or material is displayed for sale;	520

(10) Direct or circumstantial evidence of the ratio of the	521
sales of the equipment, product, or material to the total sales of	522
the business enterprise;	523

(11) The existence and scope of legitimate uses of the	524
equipment, product, or material in the community;	525

(12) Expert testimony concerning the use of the equipment,	526
product, or material.	527

(C)(1) Subject to division (D)(2) of this section, no person	528
shall knowingly use, or possess with purpose to use, drug	529
paraphernalia.	530

(2) No person shall knowingly sell, or possess or manufacture	531
with purpose to sell, drug paraphernalia, if the person knows or	532
reasonably should know that the equipment, product, or material	533
will be used as drug paraphernalia.	534

(3) No person shall place an advertisement in any newspaper,	535
magazine, handbill, or other publication that is published and	536
printed and circulates primarily within this state, if the person	537
knows that the purpose of the advertisement is to promote the	538
illegal sale in this state of the equipment, product, or material	539
that the offender intended or designed for use as drug	540
paraphernalia.	541

(D)(1) This section does not apply to manufacturers, licensed	542
health professionals authorized to prescribe drugs, pharmacists,	543
owners of pharmacies, and other persons whose conduct is in	544
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	545
and 4741. of the Revised Code. This section shall not be construed	546
to prohibit the possession or use of a hypodermic as authorized by	547
section 3719.172 of the Revised Code.	548

(2) Division (C)(1) of this section does not apply to a	549
person's use, or possession with purpose to use, any drug	550
paraphernalia that is equipment, a product, or material of any	551
kind that is used by the person, intended by the person for use,	552
or designed for use in storing, containing, concealing, injecting,	553
ingesting, inhaling, or otherwise introducing into the human body	554
marihuana.	555

(3) Section 2925.142 of the Revised Code applies with respect	556
to a person who violates division (C)(1) of this section, if the	557
person's conduct and the circumstances of the violation satisfy	558
the criteria set forth in division (B) of that section.	559

(E) Notwithstanding Chapter 2981. of the Revised Code, any	560
drug paraphernalia that was used, possessed, sold, or manufactured	561
in a violation of this section shall be seized, after a conviction	562
for that violation shall be forfeited, and upon forfeiture shall	563
be disposed of pursuant to division (B) of section 2981.12 of the	564
Revised Code.	565

(F)(1) Whoever violates division (C)(1) of this section is	566
guilty of illegal use or possession of drug paraphernalia, a	567
misdemeanor of the fourth degree.	568

(2) Except as provided in division (F)(3) of this section,	569
whoever violates division (C)(2) of this section is guilty of	570
dealing in drug paraphernalia, a misdemeanor of the second degree.	571

(3) Whoever violates division (C)(2) of this section by	572
selling drug paraphernalia to a juvenile is guilty of selling drug	573
paraphernalia to juveniles, a misdemeanor of the first degree.	574

(4) Whoever violates division (C)(3) of this section is	575
guilty of illegal advertising of drug paraphernalia, a misdemeanor	576
of the second degree.	577

(G) In addition to any other sanction imposed upon an	578
offender for a violation of this section, the court shall suspend	579
for not less than six months or more than five years the	580
offender's driver's or commercial driver's license or permit. If	581
the offender is a professionally licensed person, in addition to	582
any other sanction imposed for a violation of this section, the	583
court immediately shall comply with section 2925.38 of the Revised	584
Code.	585

Sec. 2925.141. (A) As used in this section, "drug	586
paraphernalia" has the same meaning as in section 2925.14 of the	587
Revised Code.	588

(B) In determining if any equipment, product, or material is	589
drug paraphernalia, a court or law enforcement officer shall	590
consider, in addition to other relevant factors, all factors	591
identified in division (B) of section 2925.14 of the Revised Code.	592

(C) No person shall knowingly use, or possess with purpose to	593
use, any drug paraphernalia that is equipment, a product, or	594
material of any kind that is used by the person, intended by the	595
person for use, or designed for use in storing, containing,	596
concealing, injecting, ingesting, inhaling, or otherwise	597
introducing into the human body marihuana.	598

(D)(1) This section does not apply to any person identified	599
in division (D)(1) of section 2925.14 of the Revised Code, and it	600
shall not be construed to prohibit the possession or use of a	601
hypodermic as authorized by section 3719.172 of the Revised Code.	602

(2) Section 2925.142 of the Revised Code applies with respect	603
to a person who violates this section, if the person's conduct and	604
the circumstances of the violation satisfy the criteria set forth	605
in division (B) of that section.	606

(E) Division (E) of section 2925.14 of the Revised Code	607
applies with respect to any drug paraphernalia that was used or	608
possessed in violation of this section.	609

(F) Whoever violates division (C) of this section is guilty	610
of illegal use or possession of marihuana drug paraphernalia, a	611
minor misdemeanor.	612

(G) In addition to any other sanction imposed upon an	613
offender for a violation of this section, the court shall suspend	614
for not less than six months or more than five years the	615
offender's driver's or commercial driver's license or permit. If	616
the offender is a professionally licensed person, in addition to	617
any other sanction imposed for a violation of this section, the	618
court immediately shall comply with section 2925.38 of the Revised	619
Code.	620

Sec. 2925.142.  (A) As used in this section:

621

(1) "Community control sanction" has the same meaning as in	622
section 2929.01 of the Revised Code with respect to an offender.	623

(2) "Emergency drug overdose" means, unless the context	624
clearly requires otherwise, an acute condition including, but not	625
limited to, physical illness, coma, mania, hysteria, or death,	626
resulting from the consumption or use of a controlled substance or	627
another substance with which a controlled substance was combined	628
and that a layperson would reasonably believe to be a drug	629
overdose that requires medical assistance.	630

(3) "First responder" has the same meaning as in section	631
4765.01 of the Revised Code.	632

(4) "Health care provider" has the same meaning as in section	633
3922.01 of the Revised Code.	634

(5) "Minor drug possession offense" has the same meaning as	635
in section 2925.01 of the Revised Code.	636

(6) "Peace officer" and "prosecutor" have the same meanings	637
as in section 2935.01 of the Revised Code.	638

(7) "Post-release control sanction" has the same meaning as	639
in section 2967.28 of the Revised Code.	640

(B) Notwithstanding any provision of Title XXIX of the	641
Revised Code or any other provision of law, a person shall not be	642
arrested, charged, prosecuted, convicted, penalized, or	643
sanctioned, for any violation listed in division (D) of this	644
section, or be found in violation of any community control	645
sanction or post-release control sanction for any violation listed	646
in division (D) of this section, if all of the following apply:	647

(1) The person reports in good faith an emergency drug	648
overdose event to a peace officer, to the 9-1-1 system, or to a	649
health care provider;	650

(2) The person remains at the scene of the event until a	651
peace officer or first responder arrives, or if the person makes	652
the report in person at the facilities of a health care provider,	653
the person remains at those facilities until a peace officer	654
arrives;	655

(3) The person identifies self to, and cooperates with, the	656
peace officer, 9-1-1 system operator, or health care provider to	657
whom the report is made, and with the peace officer or first	658
responder who arrives;	659

(4) The violation arises from the same course of events from	660
which the emergency drug overdose event arose.	661

(C) The immunity described in division (B) of this section	662
applies to a person who reports an emergency drug overdose event	663
experienced by another person and satisfies the criteria described	664
in that division with respect to the other person's event and to a	665
person who personally experiences an emergency drug overdose event	666
and satisfies the criteria described in that division with respect	667
to the person's own event.	668

(D) Division (B) of this section applies with respect to a	669
violation that is a minor drug possession offense or a violation	670
of section 2925.12, division (C)(1) of section 2925.14, or section	671
2925.141 of the Revised Code.	672

(E) Nothing in division (B) of this section prohibits or	673
shall be interpreted as prohibiting the arrest, charging,	674
prosecution, conviction, penalizing, sanctioning, or finding to be	675
in violation of a community control sanction or post-release	676
control sanction with regards to a defendant who does not qualify	677
for the protections of division (B) of this section or with	678
regards to any violation other than a violation described in	679
division (D) of this section committed by a person who qualifies	680
for protection pursuant to division (B) of this section for a	681
violation described in division (D) of this section. Nothing in	682
division (B) of this section shall be construed to limit any	683
seizure of evidence or contraband otherwise permitted by law.	684
Nothing in division (B) of this section shall be construed to	685
limit or abridge the authority of a peace officer to detain or	686
take into custody a person in the course of an investigation or to	687
effectuate an arrest for any offense except as provided in that	688
division.	689

Nothing in division (B) of this section limits or shall be	690
interpreted as limiting the ability of a prosecutor or peace	691
officer to obtain or use evidence obtained from a report,	692
recording, or other statement provided pursuant to division (A) of	693
this section to investigate and prosecute any violation other than	694
a violation listed in division (D) of this section.	695

Section 2.  That existing sections 2925.11, 2925.12, 2925.14,	696
and 2925.141 of the Revised Code are hereby repealed.	697