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(126th General Assembly)
(Amended Substitute Senate Bill Number 53)
AN ACT
To amend sections 109.60, 2151.022, 2152.02, 2919.22, 2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 and to enact sections 2925.55, 2925.56, 2925.57, 2925.58, 2933.33, 3715.05, and 3715.06 of the Revised Code to govern pseudoephedrine sales in Ohio.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.60, 2151.022, 2152.02, 2919.22, 2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 be amended and sections 2925.55, 2925.56, 2925.57, 2925.58, 2933.33, 3715.05, and 3715.06 of the Revised Code be enacted to read as follows:
Sec. 109.60. (A)(1) The sheriffs of the several counties and the
chiefs of police of cities, immediately upon the arrest of
any person for any felony, on suspicion of any felony, for a
crime constituting a misdemeanor on the first offense and a
felony on subsequent offenses, or for any misdemeanor described in
division (A)(1)(a) of section 109.572
of the Revised Code, and immediately upon the
arrest or taking
into custody of any child under
eighteen
years of age for committing an act
that would be a felony or an offense of violence
if committed by an adult or upon probable cause to believe
that a child of that
age may have committed an act that would be a
felony or
an offense of violence if committed by an adult, shall
take the person's or child's fingerprints, or cause
the same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of
the bureau of criminal identification and investigation, and immediately
shall
forward copies of the completed forms,
any other description that may be required, and
the history of the offense
committed
to the bureau to be classified and filed and to the clerk of the court
having jurisdiction over the prosecution of the offense or over the
adjudication relative to the act. (2) If a sheriff or chief of police
has not taken, or caused to be taken, a person's or child's
fingerprints in accordance with division
(A)(1) of this section by the time of the
arraignment or first appearance of the person or child, the
court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the
person's or child's fingerprints taken. The sheriff or
chief of police shall take the person's or child's fingerprints,
or cause the fingerprints to be taken, according to the fingerprint
system of identification on the forms furnished by the
superintendent of the bureau of criminal identification and
investigation and, immediately after the person's or
child's arraignment or first appearance, forward copies of the completed
forms, any
other description that may be required, and the history of
the offense committed to the bureau to be classified and
filed and to the clerk of the court. (3) Every court with jurisdiction over a case involving a person or child
with respect to whom division (A)(1) of this section
requires a
sheriff or chief of police to take the person's or child's fingerprints shall
inquire at the time of the person's or child's sentencing or
adjudication whether or not the person or child has been
fingerprinted pursuant to division
(A)(1) or (2) of this section
for the original arrest upon which the sentence or adjudication
is based. If the person or child was not fingerprinted for
the original arrest upon which the sentence or adjudication is
based, the court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the person's or
child's fingerprints taken. The sheriff or chief of police shall
take the person's or child's fingerprints, or cause the fingerprints to
be taken, according to the fingerprint system of identification
on the forms furnished by the superintendent of the bureau of
criminal identification and investigation and immediately
forward copies of the completed forms, any other description that
may be required, and the history of the offense committed
to the bureau to be classified and filed and to the clerk of the court. (4) If a person or child is in the custody of a law
enforcement agency or a detention facility, as defined in
section 2921.01 of the Revised
Code, and the chief law
enforcement officer or chief administrative officer of the
detention facility discovers that a warrant has been issued or a
bill of information has been filed alleging the person or child to have
committed an offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is one for
which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law
enforcement agency or detention facility shall take the
fingerprints of the person or child, or cause the fingerprints to be taken,
according to the
fingerprint system of identification on the forms furnished by
the superintendent of the bureau of criminal identification and
investigation and immediately
forward copies of the completed forms, any other description
that may be required, and the history of the offense
committed to the bureau to be classified and filed and to the clerk of the
court that issued the warrant or with which the bill of information was
filed. (5) If an accused
is
found not guilty of the offense charged or a nolle prosequi is entered in any
case, or if any accused child under eighteen years of age is found not to be a
delinquent
child for committing an act that would be a felony or an
offense of violence if committed by an adult or not
guilty of the felony or
offense of violence charged or a nolle prosequi is entered in that
case, the
fingerprints and description shall
be given to the accused upon the accused's request. (6) The
superintendent
shall compare the description received with those already
on file in the bureau, and, if the superintendent finds that
the person arrested or taken
into custody has
a criminal record or a record as a delinquent child for having committed an
act that would be a felony or an offense of violence if
committed by an adult or is a
fugitive from justice or wanted by any
jurisdiction in this or another state, the
United States, or a
foreign country for any offense, the superintendent at once
shall inform the
arresting officer, the officer taking the person into
custody, or the chief administrative officer of the county,
multicounty, municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution in which the person or
child is in custody
of
that fact and give appropriate notice to the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed by the superintendent. (B) This Division (A) of this section does not apply to a violator of a city
ordinance unless the officers have reason to believe that the violator is a
past offender or the crime is one constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or unless it is advisable for the purpose of subsequent
identification. This section does not apply to any child under
eighteen years of age who was not arrested or otherwise taken into custody
for committing an act that would be a
felony or an
offense
of violence if committed by an adult or upon probable cause to believe
that a child of that
age may have
committed an act that would be a
felony or an
offense of violence if committed by an adult, except as provided in
section 2151.313 of the Revised Code.
(C)(1) For purposes of division (C) of this section, a law enforcement agency shall be considered to have arrested a person if any law enforcement officer who is employed by, appointed by, or serves that agency arrests the person. As used in division (C) of this section:
(a) "Illegal methamphetamine manufacturing laboratory" has the same meaning as in section 3745.13 of the Revised Code.
(b) "Methamphetamine or a methamphetamine product" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
(2) Each law enforcement agency that, in any calendar year, arrests any person for a violation of section 2925.04 of the Revised Code that is based on the manufacture of methamphetamine or a methamphetamine product, a violation of section 2925.041 of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product, or a violation of any other provision of Chapter 2925. or 3719. of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product shall prepare an annual report covering the calendar year that contains the information specified in division (C)(3) of this section relative to all arrests for violations of those sections committed under those circumstances during that calendar year and relative to illegal methamphetamine manufacturing laboratories, dump sites, and chemical caches as specified in that division and shall send the annual report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the bureau of criminal identification and investigation. The law enforcement agency shall write any annual report prepared and filed under this division on the standard forms furnished by the superintendent of the bureau of criminal identification and investigation pursuant to division (C)(4) of this section. The annual report shall be a statistical report, and nothing in the report or in the information it contains shall identify, or enable the identification of, any person who was arrested and whose arrest is included in the information contained in the report. The annual report in the possession of the bureau and the information it contains are public records for the purpose of section 149.43 of the Revised Code.
(3) The annual report prepared and filed by a law enforcement agency under division (C)(2) of this section shall contain all of the following information for the calendar year covered by the report:
(a) The total number of arrests made by the agency in that calendar year for a violation of section 2925.04 of the Revised Code that is based on the manufacture of methamphetamine or a methamphetamine product, a violation of section 2925.041 of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product, or a violation of any other provision of Chapter 2925. or 3719. of the Revised Code that is based on the possession of chemicals sufficient to produce methamphetamine or a methamphetamine product;
(b) The total number of illegal methamphetamine manufacturing laboratories at which one or more of the arrests reported under division (C)(3)(a) of this section occurred, or that were discovered in that calendar year within the territory served by the agency but at which none of the arrests reported under division (C)(3)(a) of this section occurred;
(c) The total number of dump sites and chemical caches that are, or that are reasonably believed to be, related to illegal methamphetamine manufacturing and that were discovered in that calendar year within the territory served by the agency.
(4) The superintendent of the bureau of criminal identification and investigation shall prepare and furnish to each law enforcement agency in this state standard forms for making the annual reports required by division (C)(2) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both a tangible format and an electronic format.
(5) The annual report required by division (C)(2) of this section is separate from, and in addition to, any report, materials, or information required under division (A) of this section or under any other provision of sections 109.57 to 109.62 of the Revised Code.
Sec. 2151.022. As used in this chapter, "unruly child"
includes any of the
following: (A) Any child who does not submit to
the reasonable
control
of the child's parents, teachers, guardian,
or custodian, by
reason of
being wayward or habitually disobedient; (B) Any child who is an habitual truant from school and
who previously
has
not been adjudicated an unruly child for being
an habitual truant; (C) Any child who
behaves in a manner as to
injure or
endanger the child's own health or morals or the health or
morals
of others; (D) Any child who violates a law, other than division (A)
of
section 2923.211, division (C)(1) or (D) of section 2925.55, or section 2151.87
of the Revised Code, that is
applicable only to a
child.
Sec. 2152.02. As used in this chapter: (A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child. (B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States. (C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section. (2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held. (3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act. (4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case. (5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person. (6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication,
except as otherwise provided in this
division, a person who is so adjudicated a
delinquent
child or
juvenile traffic offender shall be deemed a
"child" until
the
person attains twenty-one years of age.
If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children. (D) "Chronic truant" means any child of compulsory school
age who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year. (E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code. (F) "Delinquent child" includes any of the following: (1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult; (2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code; (3) Any child who violates division (A) of section 2923.211 or division (C)(1) or (D) of section 2925.55
of the Revised Code; (4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant; (5) Any child who is a chronic truant. (G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer. (H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code. (I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code. (J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code. (K) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of
the Revised Code. (L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act or juvenile traffic offense as a direct and proximate result of the delinquent act or juvenile traffic offense and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act or juvenile traffic offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code. (N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code. (O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code. (P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer. (Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code. (R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code. (S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code. (T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code. (U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code. (V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code. (W) "Public record" has the same meaning as in section
149.43 of
the Revised Code. (X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer. (Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile offender registrant," "sexual
predator," "presumptive registration-exempt sexually oriented offense," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the
same
meanings as in
section 2950.01 of
the Revised Code. (Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code. (AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense. (BB) "Category one offense" means any of the following: (1) A violation of section 2903.01 or 2903.02 of the Revised
Code; (2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder. (CC) "Category two offense" means any of the following: (1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code; (2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree; (3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996. (DD) "Non-economic loss" means nonpecuniary harm suffered by a victim of a delinquent act or juvenile traffic offense as a result of or related to the delinquent act or juvenile traffic offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body. (B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age: (1) Abuse the child; (2) Torture or cruelly abuse the child; (3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child; (4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development; (5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter; (6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 of the Revised Code that is the basis of the violation of this division. (C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
sections 4511.191
to 4511.197 of the Revised
Code
and all
related
provisions of
law, a person arrested for a
violation of
this
division shall be
considered to be under arrest
for operating
a
vehicle while under
the influence of alcohol, a
drug of abuse,
or
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol in
the
whole blood,
blood serum or
plasma,
breath, or
urine. (2) As used in division (C)(1) of this section,
"vehicle,"
"streetcar," and
"trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code. (D)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance. (2) Mistake of age is not a defense to a charge under
division (B)(5) of this section. (3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile. (4) As used in this division and division (B)(5) of this
section: (a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code. (b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest. (c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality. (E)(1) Whoever violates this section is guilty of
endangering children. (2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following: (a) Except as otherwise provided in division
(E)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree; (b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(2)(c) or
(d) of this
section, a felony of the fourth degree; (c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree; (d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree. (3) If the offender violates division (B)(2), (3), (4), or (6)
of
this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the
violation results in serious
physical
harm to the child involved,
or if the offender previously has been
convicted of an offense
under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, endangering children is a
felony of the second degree. If the offender violates division (B)(6) of this section and the drug involved is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:
(a) If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than two years. If the violation is a violation of division (B)(6) of this section that is a felony of the third degree under division (E)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than five years.
(b) If the violation is a violation of division (B)(6) of this section that is a felony of the second degree under division (E)(3) of this section and the drug involved is methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than three years. If the violation is a violation of division (B)(6) of this section that is a felony of the second degree under division (E)(3) of this section, if the drug involved is methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(6) of this section, a violation of division (A) of section 2925.04 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than five years. (4) If the offender violates division (B)(5) of
this
section, endangering children is a felony of the second
degree. (5) If the offender violates division (C) of this section,
the offender shall be punished as follows: (a) Except as otherwise provided in division
(E)(5)(b) or
(c) of this section, endangering children in violation of
division
(C) of
this section is a misdemeanor of the first degree. (b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree. (c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree. (d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven suspension of the
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege from the range specified in
division (A)(7) of section
4510.02 of the Revised Code. (e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced in accordance with section
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code. (F)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization. The requirement shall be
part of the
community control sanction or sentence of the offender, and
the
court shall impose the community service
in accordance with and
subject to divisions
(F)(1)(a) and (b) of this section. The court
may require an
offender whom it requires to perform supervised
community service
work as part of the offender's community control
sanction or
sentence to pay the
court a reasonable fee to
cover
the costs of the offender's participation in the work,
including,
but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria: (i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
or jail
term
imposed
upon the offender for the violation of division (C)
of
this
section, if applicable. (ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(B)(1),
(2), and (3) of
section 2951.02 of the Revised Code. (iii) The community service work shall be supervised in
the
manner described in division
(B)(4) of section 2951.02 of
the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work. (iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed. (b) If a court, pursuant to
division
(F)(1)(a) of this
section, orders an offender to
perform
community service work as
part of the offender's community
control
sanction or
sentence and
if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that
the court
could have
imposed
upon
the offender for the violation
of division (C) of
this
section,
reduced by the total amount of
time that the
offender
actually was
imprisoned under the sentence
or term that
was
imposed upon the
offender for that violation and
by the total
amount of time that
the offender was confined for any
reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and
2967.191 of the
Revised Code.
The court may order that a person
committed pursuant
to this
division shall receive hour-for-hour
credit upon the
period of the
commitment
for the community service
work that the
offender
adequately
performed. No
commitment
pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the
offender
for the
violation of division (C) of this section,
reduced by the total
amount
of time that the offender actually was
imprisoned under
that sentence or term
and by the total amount of
time that the
offender was confined for
any reason arising out of
the offense
for which the offender
was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of
the Revised Code. (2)
Division (F)(1) of this
section
does
not
limit or
affect the authority of the court to
suspend the
sentence
imposed
upon a misdemeanor offender and place
the
offender
under a community control sanction
pursuant to
section 2929.25 of the
Revised Code, to
require
a
misdemeanor
or felony offender to
perform
supervised
community service
work in accordance with
division
(B)
of
section
2951.02 of the
Revised Code, or to place a
felony
offender
under a
community
control sanction. (G)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the
Revised Code or under any other provision
of law in
relation to
the violation of division (C) of this
section that is
the basis of
the suspension under division
(E)(5)(d) of this
section or in
relation to the violation of
division (A) of section
4511.19 of
the Revised Code that is the
basis for that violation
of division
(C) of this section. (2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under division
(E)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following: (a) Division (C) of
this section; (b) Any equivalent offense, as defined in section
4511.181 of
the
Revised Code. (H)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations. (2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply: (i) For purposes of the provisions of section
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code; (ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code. (b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code. (I) As used in this section: (1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code; (2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code; (3) "Methamphetamine" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 2925.01. As used in this chapter: (A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code. (B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code. (C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code. (D)
"Bulk amount" of a controlled substance means any of
the
following: (1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable: (a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative; (b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium; (c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant; (d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative; (e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine; (f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance; (g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws. (2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative; (3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative; (4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance; (5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid. (E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual. (F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling. (G)
"Drug abuse offense" means any of the following: (1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code; (2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section; (3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element; (4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section. (H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States. (I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following: (1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following: (a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent; (b) Any aerosol propellant; (c) Any fluorocarbon refrigerant; (d) Any anesthetic gas.
(2) Gamma Butyrolactone; (3) 1,4 Butanediol. (J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production. (K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found. (L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer. (M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works: (1)
"The National Formulary"; (2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.; (3) Other standard references that are approved by the
state
board of pharmacy. (N)
"Juvenile" means a person under eighteen years of age. (O)
"Counterfeit controlled substance" means any of the
following: (1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark; (2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it; (3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance; (4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale. (P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises. (Q)
"School" means any school operated by a board of
education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed. (R)
"School premises" means either of the following: (1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed; (2) Any other parcel of real property that is owned or
leased by a board of education of a school, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing body
of a nonpublic school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed. (S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed. (T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio. (U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio. (V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of
this
section and that qualifies a person as a professionally
licensed
person. (W)
"Professionally licensed person" means any of the
following: (1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code; (2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter; (3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code; (4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter; (5) A person licensed under
Chapter
4707. of the Revised Code; (6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code; (7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code; (8) A person who has been issued a cosmetologist's
license,
hair designer's license,
manicurist's license, esthetician's
license,
natural hair stylist's license, managing
cosmetologist's
license,
managing hair designer's license, managing manicurist's
license, managing
esthetician's
license,
managing natural hair
stylist's license, cosmetology
instructor's license,
hair design
instructor's license,
manicurist
instructor's license,
esthetics instructor's
license,
natural hair style instructor's
license, independent contractor's
license,
or tanning facility
permit under Chapter 4713. of the
Revised
Code; (9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code; (10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code; (11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code; (12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code; (13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code; (14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code; (15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code; (16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code; (17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code; (18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code; (19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code; (20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code; (21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code; (22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code; (23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code; (24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code; (25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code; (26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code; (27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code; (28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code; (29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code; (30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code; (31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code; (32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code; (33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code; (34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code; (35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. (X)
"Cocaine" means any of the following: (1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine; (2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine; (3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine. (Y)
"L.S.D." means
lysergic acid diethylamide. (Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form. (AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish. (BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense. (CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code. (DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code. (EE)
"Minor drug possession offense" means either of the
following: (1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996; (2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree. (FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code. (GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use. (HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort. (JJ) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
Sec. 2925.04. (A) No person shall knowingly cultivate
marihuana or knowingly manufacture or otherwise engage in any part
of the
production of a controlled substance. (B) This section does not apply to any person listed in
division
(B)(1), (2), or (3) of section 2925.03 of the Revised
Code to the extent and
under the circumstances described in those
divisions. (C)(1) Whoever commits a violation of division (A) of
this
section that involves any drug other than marihuana is guilty of
illegal
manufacture of drugs, and whoever commits a violation of
division (A)
of this section that involves marihuana is guilty of
illegal cultivation of
marihuana. (2)
Except as otherwise provided in this division, if the
drug involved in the violation of division
(A) of this section is
any compound, mixture,
preparation, or substance included in
schedule I or
II, with the exception of methamphetamine or marihuana, illegal
manufacture
of drugs is a felony of the second degree, and,
subject to
division (E) of this section, the court shall impose as
a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree. If If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of methamphetamine or marihuana, and if the offense was committed in the vicinity of a juvenile or in the vicinity of a school, illegal manufacture of drugs is a felony of the first degree, and, subject to division (E) of this section, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
If (3) If the drug involved in the violation of division (A) of this section
is methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine and if the penalty for the violation shall be determined as follows: (a) Except as otherwise provided in division (C)(3)(b) of this section, if the drug involved in the violation is methamphetamine, illegal manufacture of drugs is a felony of the second degree, and, subject to division (E) of this section, the court shall impose a mandatory prison term on the offender determined in accordance with this division. Except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than three years. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than five years. (b) If the drug involved in the violation is methamphetamine and if the offense was committed in the vicinity of a juvenile, in the vicinity of a school, or
on
public premises, illegal manufacture of drugs is a felony of the
first degree, and, subject to division (E) of this section, the
court shall impose a mandatory prison term on the offender determined in accordance with this division. Except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree that is not less than four years. If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree that is not less than five years. (3)(4) If the drug involved in the violation of division
(A) of
this section is any compound, mixture,
preparation, or substance
included in schedule III,
IV, or V, illegal manufacture of drugs
is a
felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree, and there is a presumption for a
prison term for the offense.
(4)(5) If the drug involved in the violation is marihuana,
the
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division
(C)(4)(5)(b), (c),
(d), (e), or
(f) of this section, illegal cultivation of marihuana
is a
minor misdemeanor or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree. (b) If the amount of marihuana involved equals
or exceeds
one hundred grams but is less than
two hundred
grams, illegal
cultivation of marihuana is a misdemeanor of the
fourth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree. (c) If the amount of marihuana involved equals or exceeds
two hundred grams but is less than one
thousand grams, illegal
cultivation of marihuana is a felony of the fifth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the fourth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining
whether to impose a prison term on the offender. (d) If the amount of marihuana involved equals or exceeds
one thousand grams but is less than five
thousand grams,
illegal
cultivation of marihuana is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree,
and
division (C) of section 2929.13 of the Revised Code applies in
determining
whether
to impose a prison term on the offender. (e) If the amount of marihuana involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
illegal cultivation of marihuana is a felony of the third degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a felony of the second degree,
and there is a presumption for a prison term for the offense. (f) Except as otherwise provided in this division, if the amount of marihuana involved equals or exceeds
twenty thousand grams, illegal cultivation of marihuana is a
felony of the second degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the second degree. If the amount of the drug involved equals or exceeds twenty thousand grams and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal cultivation of marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree. (D) In addition to any prison term authorized
or required by
division (C) or (E) of this
section and sections 2929.13 and
2929.14 of the Revised
Code and in addition to any other sanction
imposed for
the offense under this section or sections 2929.11 to
2929.18 of
the Revised Code, the court that sentences an
offender
who is convicted of or pleads guilty to a violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender: (1) If the violation of division (A) of this
section is a
felony of the
first, second, or third degree, the court
shall
impose upon the offender the mandatory fine specified for
the
offense under division (B)(1) of section 2929.18 of
the Revised
Code unless, as specified in that
division, the court determines
that the offender is
indigent. The clerk of the court shall pay a
mandatory fine or
other fine imposed for a violation of this
section pursuant to
division (A) of section 2929.18 of the Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised
Code. The agency
that receives the fine shall use the
fine as specified in division
(F) of section 2925.03 of
the Revised Code. If a person is
charged with a
violation of this section that is a felony of the
first, second, or third
degree, posts bail, and forfeits the bail,
the clerk shall pay
the forfeited bail as if the forfeited bail
were a fine imposed
for a violation of this section. (2) The court shall
suspend the offender's
driver's or
commercial driver's license or permit in accordance
with division
(G) of section 2925.03 of the
Revised Code. If an
offender's
driver's or
commercial driver's license or permit is
suspended in
accordance
with that division, the offender
may request
termination of, and
the court may terminate, the
suspension in
accordance with that
division. (3) If the offender is a professionally licensed person,
the
court
immediately shall comply with section 2925.38 of the
Revised
Code. (E) Notwithstanding the prison term otherwise
authorized or
required for the offense under division (C)
of this section and
sections 2929.13 and 2929.14 of the
Revised Code, if the violation
of division
(A) of this section involves the sale, offer to sell,
or
possession of a schedule I or II controlled
substance, with the
exception of marihuana, and if the court imposing
sentence upon
the offender finds that the offender
as a result of the violation
is a major drug offender and is guilty
of a specification of the
type described in section 2941.1410 of the Revised Code, the
court, in lieu of the prison term otherwise authorized or
required, shall impose upon the offender the mandatory prison
term
specified in division (D)(3)(a) of
section 2929.14 of the Revised
Code and may
impose an additional prison term under division
(D)(3)(b) of that section. (F) It is an affirmative defense, as
provided in section
2901.05 of the Revised Code,
to a charge under this section for a
fifth degree felony violation of
illegal cultivation of
marihuana
that the marihuana that gave rise to the charge is in
an amount,
is in a form, is prepared, compounded, or mixed with
substances
that are not controlled substances in a manner, or is
possessed or
cultivated under any other circumstances that
indicate that the
marihuana was solely for personal use. Notwithstanding any contrary provision of division
(F) of
this section, if, in
accordance with section 2901.05 of the
Revised
Code, a person who is charged
with a violation of illegal
cultivation of marihuana that is a
felony of the fifth degree
sustains the burden of going forward
with evidence of and
establishes by a preponderance of the
evidence the affirmative
defense described in this division, the
person may be prosecuted
for and may be convicted of or plead
guilty to a misdemeanor
violation of illegal cultivation of
marihuana. (G) Arrest or conviction for a minor
misdemeanor violation
of this section does not constitute a
criminal record and need not
be reported by the person so
arrested or convicted in response to
any inquiries about the
person's criminal record, including any
inquiries contained in an
application for employment, a license,
or any other right or
privilege or made in connection with the
person's appearance as a
witness.
Sec. 2925.041. (A) No person shall knowingly assemble or
possess one or more
chemicals that may be used to manufacture a
controlled
substance in schedule I or II with the intent to
manufacture a
controlled substance in schedule I or II in
violation of section
2925.04 of the Revised Code.
(B) In a prosecution under this section, it is not necessary
to allege or prove that the offender assembled or possessed all
chemicals necessary to manufacture a controlled substance in
schedule I or II. The assembly or possession of a single chemical
that may be used in the manufacture of a controlled substance in
schedule I or II, with the intent to manufacture a controlled
substance in either schedule, is sufficient to violate this
section. (C) Whoever violates this section is guilty of illegal
assembly or possession of chemicals for the manufacture of drugs.
Except as otherwise provided in this division, illegal assembly or
possession of chemicals
for the manufacture of
drugs is a felony
of the third degree, and, except as otherwise provided in division (C)(1) or (2) of this section,
division (C) of section
2929.13 of the
Revised Code applies in
determining whether to
impose a prison
term on the offender. If the offense was committed in the vicinity of a juvenile or in the vicinity of a school, illegal assembly or possession of chemicals for the manufacture of drugs is a felony of the second degree, and, except as otherwise provided in division (C)(1) or (2) of this section, division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the chemical or chemicals assembled or possessed in violation of division (A) of this section may be used to manufacture methamphetamine, the court shall impose a mandatory prison term on the offender as follows:
(1) If the violation of division (A) of this section is a felony of the third degree under division (C) of this section and the chemical or chemicals assembled or possessed in committing the violation may be used to manufacture methamphetamine, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than two years. If the violation of division (A) of this section is a felony of the third degree under division (C) of this section, if the chemical or chemicals assembled or possessed in committing the violation may be used to manufacture methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.04 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than five years. (2) If the violation of division (A) of this section is a felony of the second degree under division (C) of this section and the chemical or chemicals assembled or possessed in committing the violation may be used to manufacture methamphetamine, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than three years. If the violation of division (A) of this section is a felony of the second degree under division (C) of this section, if the chemical or chemicals assembled or possessed in committing the violation may be used to manufacture methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.04 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree that is not less than five years. (D) In addition to any prison term authorized by
division
(C) of this section and sections 2929.13 and 2929.14 of
the
Revised Code and in addition to any other sanction imposed for
the
offense under this section or sections 2929.11 to 2929.18 of
the
Revised Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of this section shall
do all of the following that are applicable regarding the
offender:
(1) The court shall impose upon the offender the mandatory
fine specified for the offense under division (B)(1) of section
2929.18 of the Revised Code unless, as specified in that division,
the court determines that the offender is indigent. The clerk of
the court shall pay a mandatory fine or other fine imposed for a
violation of this section under division (A) of section
2929.18 of
the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised
Code. The agency that receives the fine shall use the fine as
specified in division (F) of section 2925.03 of the Revised Code.
If a person charged with a violation of this section posts bail
and forfeits the bail, the clerk shall pay the forfeited bail as
if the forfeited bail were a fine imposed for a violation of this
section.
(2) The court shall revoke or suspend the offender's
driver's or commercial driver's license or permit in accordance
with division (G) of section 2925.03 of the Revised Code. If an
offender's driver's or commercial driver's license or permit is
revoked in accordance with that division, the offender may request
termination of, and the court may terminate, the revocation in
accordance with that division.
(3) If the offender is a professionally licensed person or a
person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules, the
court shall comply with section 2925.38 of the Revised Code.
Sec. 2925.14. (A) As used in this section,
"drug
paraphernalia" means any equipment, product, or material of any
kind that is used by the offender, intended by the offender for
use, or designed for use, in propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging,
storing, containing, concealing, injecting,
ingesting, inhaling,
or otherwise introducing into the human
body, a controlled
substance in violation of this chapter.
"Drug
paraphernalia"
includes, but is not limited to, any of the
following equipment,
products, or materials that are used by the
offender, intended by
the offender for use, or designed by the
offender for use, in any
of the following manners: (1) A kit for propagating, cultivating, growing, or
harvesting any species of a plant that is a controlled substance
or from which a controlled substance can be derived; (2) A kit for manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance; (3)
Any object, instrument, or device for manufacturing,
compounding, converting, producing, processing, or preparing
methamphetamine or any salt, isomer, or salt of an isomer of
methamphetamine;
(4) An isomerization device for increasing the potency of
any species of a plant that is a controlled substance; (5) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance; (6) A scale or balance for weighing or measuring a
controlled substance; (7) A diluent or adulterant, such as quinine
hydrochloride,
mannitol, mannite, dextrose, or lactose, for
cutting a controlled
substance; (8) A separation gin or sifter for removing twigs and
seeds
from, or otherwise cleaning or refining, marihuana; (9) A blender, bowl, container, spoon, or mixing device
for
compounding a controlled substance; (10) A capsule, balloon, envelope, or container for
packaging small quantities of a controlled substance; (11) A container or device for storing or concealing a
controlled substance; (12) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human
body; (13) An object, instrument, or device for ingesting,
inhaling, or otherwise introducing into the human body,
marihuana,
cocaine, hashish, or hashish oil, such as a
metal,
wooden,
acrylic, glass, stone, plastic, or ceramic pipe, with or
without a
screen, permanent screen, hashish head, or punctured
metal bowl;
water pipe; carburetion tube or device; smoking or
carburetion
mask; roach clip or similar object used to hold
burning material,
such as a marihuana cigarette, that has become
too small or too
short to be held in the hand; miniature cocaine
spoon, or cocaine
vial; chamber pipe; carburetor pipe; electric
pipe; air driver
pipe; chillum; bong; or ice pipe or chiller. (B) In determining if
any equipment, product, or
material
is drug paraphernalia, a
court or law enforcement officer
shall
consider, in addition to
other relevant factors, the
following: (1) Any statement by the owner, or by anyone in control,
of
the
equipment, product, or material, concerning its use; (2) The proximity in time or space of the
equipment,
product, or material, or of
the act relating to the
equipment,
product, or material, to a violation of any provision
of this
chapter; (3) The proximity of the
equipment, product, or
material to
any controlled substance; (4) The existence of any residue of a controlled substance
on the
equipment, product, or material; (5) Direct or circumstantial evidence of the intent of the
owner, or of
anyone in control, of the
equipment, product,
or
material, to deliver it to any person whom the owner
or person
in
control of the
equipment, product, or material knows
intends to
use the object to
facilitate a violation of any
provision of this
chapter. A finding that the
owner, or anyone in
control, of the
equipment, product, or material, is not
guilty of a
violation of
any other provision of this chapter does
not
prevent a finding
that the
equipment, product, or
material was intended or designed
by the
offender for use as drug
paraphernalia. (6) Any oral or written instruction provided with the
equipment, product, or material concerning its use; (7) Any descriptive material accompanying the
equipment,
product, or material and
explaining or depicting its
use; (8) National or local advertising concerning the use of
the
equipment, product, or material; (9) The manner and circumstances in which the
equipment,
product, or material is
displayed for sale; (10) Direct or circumstantial evidence of the ratio of the
sales of the
equipment, product, or material to the total
sales
of the business
enterprise; (11) The existence and scope of legitimate uses of the
equipment, product, or material in the community; (12) Expert testimony concerning the use of the
equipment,
product, or material. (C)(1) No person shall knowingly use, or possess with
purpose to use, drug paraphernalia. (2) No person shall knowingly sell, or possess or
manufacture with purpose to sell, drug paraphernalia, if the
person knows or
reasonably should know that the equipment,
product, or material will be used
as drug paraphernalia. (3) No person shall place an advertisement in any
newspaper,
magazine, handbill, or other publication that is
published and
printed and circulates primarily within this state,
if the person
knows that the purpose of the advertisement is to
promote the
illegal sale in this state of the equipment, product, or material
that the offender intended or designed for use as drug
paraphernalia. (D) This section does not apply to manufacturers,
licensed
health professionals authorized to prescribe
drugs, pharmacists,
owners of pharmacies, and other
persons whose conduct is in
accordance with Chapters 3719., 4715.,
4723., 4729., 4731., and
4741. of
the Revised Code. This section shall not be construed to
prohibit the possession or use of a hypodermic as authorized by
section 3719.172 of the Revised Code. (E) Notwithstanding sections 2933.42 and 2933.43 of the
Revised Code, any drug paraphernalia that was used, possessed,
sold, or manufactured in a violation of this section shall be
seized, after a conviction for that violation shall be forfeited,
and upon forfeiture shall be disposed of pursuant to division
(D)(8) of section 2933.41 of the Revised Code. (F)(1) Whoever violates division (C)(1) of this section is
guilty of illegal use or possession of drug paraphernalia, a
misdemeanor of the fourth degree. (2) Except as provided in division (F)(3) of this section,
whoever violates division (C)(2) of this section is guilty of
dealing in drug paraphernalia, a misdemeanor of the second
degree. (3) Whoever violates division (C)(2) of this section by
selling drug paraphernalia to a juvenile is guilty of selling
drug
paraphernalia to juveniles, a misdemeanor of the first
degree. (4) Whoever violates division (C)(3) of this section is
guilty of illegal advertising of drug paraphernalia, a
misdemeanor
of the second degree. (G) In addition to any other sanction imposed
upon an
offender for a
violation of this section, the court shall suspend
for not less
than six months or more than five years the
offender's driver's or
commercial
driver's license or permit. If
the
offender is a professionally
licensed person, in addition
to
any other sanction imposed for a
violation of this section, the
court
immediately shall
comply with section 2925.38 of the
Revised
Code.
Sec. 2925.52. (A) If a person is charged with a violation of
section 2925.041 of the Revised Code or with any violation
of this
chapter or Chapter 3719. of the Revised Code that is based
on the
possession of chemicals sufficient to produce
methamphetamine, any
salt, isomer, or salt of an isomer of
methamphetamine, or any
compound, mixture, preparation, or
substance containing
methamphetamine or any salt, isomer, or salt
of an isomer of
methamphetamine, the law enforcement agency that
has custody of
the chemicals may file a motion with the court in
which the
charges are pending requesting the court to order the
chemicals
destroyed in accordance with this division. If a law
enforcement
agency files a motion of that type with a court, the
court may
issue an order that requires the containers in which the
chemicals
are contained be photographed, orders the chemicals
forfeited, and
requires that the chemicals be destroyed.
(B) If the court issues an order under division (A) of this
section, the court may include in the order a requirement that the
chemicals be sampled prior to their destruction and that the
samples be preserved.
Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of the Revised Code:
(1) "Consumer product" means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
(2) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code.
(3) "Pseudoephedrine" means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
(4) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient. "Pseudoephedrine product" does not include either of the following:
(a) A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form;
(b) A consumer product primarily intended for administration to children under twelve years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed fifteen milligrams of pseudoephedrine.
(5) "Retailer" means a place of business that offers consumer products for sale to the general public.
(6) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient.
(B)(1) No individual shall knowingly purchase, receive, or otherwise acquire more than nine grams of any pseudoephedrine product within a period of thirty consecutive days, unless the pseudoephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code.
(2) It is not a violation of division (B)(1) of this section for an individual to receive or accept more than nine grams of any pseudoephedrine product within a period of thirty consecutive days if the individual is an employee of a retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. (C)(1) No individual under eighteen years of age shall knowingly purchase, receive, or otherwise acquire a pseudoephedrine product, unless the pseudoephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code.
(2) Division (C)(1) of this section does not apply to an individual under eighteen years of age who purchases, receives, or otherwise acquires a pseudoephedrine product from any of the following:
(a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides the pseudoephedrine product to that individual and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code;
(b) A parent or guardian of that individual who provides the pseudoephedrine product to the individual;
(c) A person, as authorized by that individual's parent or guardian, who dispenses, sells, or otherwise provides the pseudoephedrine product to the individual;
(d) A retailer or terminal distributor of dangerous drugs who provides the pseudoephedrine product to that individual if the individual is an employee of the retailer or terminal distributor of dangerous drugs and the individual receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. (D) No individual under eighteen years of age shall knowingly show or give false information concerning the individual's name, age, or other identification for the purpose of purchasing, receiving, or otherwise acquiring a pseudoephedrine product.
(E) No individual shall knowingly fail to comply with the requirements of division (C)(3) of section 3715.05 of the Revised Code.
(F) Whoever violates division (B)(1) of this section is guilty of unlawful purchase of a pseudoephedrine product, a misdemeanor of the first degree.
(G) Whoever violates division (C)(1) of this section is guilty of underage purchase of a pseudoephedrine product, a delinquent act that would be a misdemeanor of the fourth degree if it could be committed by an adult.
(H) Whoever violates division (D) of this section is guilty of using false information to purchase a pseudoephedrine product, a delinquent act that would be a misdemeanor of the first degree if it could be committed by an adult.
(I) Whoever violates division (E) of this section is guilty of improper purchase of a pseudoephedrine product, a misdemeanor of the fourth degree.
Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual within a period of thirty consecutive days an amount of pseudoephedrine product that is greater than nine grams. (2) Division (A)(1) of this section does not apply to any quantity of pseudoephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code.
It is not a violation of division (A)(1) of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than nine grams of any pseudoephedrine product within a period of thirty consecutive days if the individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(B)(1) Except as provided in division (B)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product to an individual who is under eighteen years of age.
(2) Division (B)(1) of this section does not apply to any of the following: (a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code; (b) A parent or guardian of an individual under eighteen years of age who provides a pseudoephedrine product to the individual; (c) A person who, as authorized by the individual's parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age; (d) The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under eighteen years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. (C) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (C)(2) of section 3715.05 of the Revised Code.
(D) Whoever violates division (A)(1) of this section is guilty of unlawfully selling a pseudoephedrine product, a misdemeanor of the first degree.
(E) Whoever violates division (B)(1) of this section is guilty of unlawfully selling a pseudoephedrine product to a minor, a misdemeanor of the fourth degree.
(F) Whoever violates division (C) of this section is guilty of improper sale of a pseudoephedrine product, a misdemeanor of the second degree. Sec. 2925.57. (A) As used in this section and section 2925.58 of the Revised Code:
(1) "Card holder" means any person who presents a driver's or commercial driver's license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive any pseudoephedrine product from the seller, agent, or employee.
(2) "Identification card" and "transaction scan device" have the same meanings as in section 2927.021 of the Revised Code.
(3) "Seller" means a retailer or terminal distributor of dangerous drugs.
(4) "Transaction scan" means the process by which a seller or an agent or employee of a seller checks by means of a transaction scan device the validity of a driver's or commercial driver's license or an identification card that is presented as a condition for purchasing or receiving any pseudoephedrine product.
(B)(1) A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver's or commercial driver's license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder a pseudoephedrine product.
(2) If the information deciphered by the transaction scan performed under division (B)(1) of this section fails to match the information printed on the driver's or commercial driver's license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any pseudoephedrine product to the card holder.
(3) Division (B)(1) of this section does not preclude a seller or an agent or employee of a seller as a condition for selling, giving away, or otherwise distributing a pseudoephedrine product to the person presenting the document from using a transaction scan device to check the validity of a document other than a driver's or commercial driver's license or an identification card if the document includes a bar code or magnetic strip that may be scanned by the device.
(C) Rules adopted by the registrar of motor vehicles under division (C) of section 4301.61 of the Revised Code apply to the use of transaction scan devices for purposes of this section and section 2925.58 of the Revised Code.
(D)(1) No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
(a) The name and date of birth of the person listed on the driver's or commercial driver's license or identification card presented by a card holder;
(b) The expiration date and identification number of the driver's or commercial driver's license or identification card presented by a card holder.
(2) No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (D)(1) of this section except for purposes of section 2925.58 of the Revised Code.
(3) No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (B)(1) of this section.
(4) No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by section 2925.58 or another section of the Revised Code.
(E) Nothing in this section or section 2925.58 of the Revised Code relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away, or other distribution of pseudoephedrine products.
(F) Whoever violates division (B)(2) or (D) of this section is guilty of engaging in an illegal pseudoephedrine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars for each violation. The clerk of the court shall pay each collected civil penalty to the county treasurer for deposit into the county treasury.
Sec. 2925.58. (A) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of section 2925.56 of the Revised Code in which the age of the purchaser or other recipient of a pseudoephedrine product is an element of the alleged violation if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
(1) A card holder attempting to purchase or receive a pseudoephedrine product presented a driver's or commercial driver's license or an identification card.
(2) A transaction scan of the driver's or commercial driver's license or identification card that the card holder presented indicated that the license or card was valid.
(3) The pseudoephedrine product was sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(B) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (A) of this section, the trier of fact in the action for the alleged violation of section 2925.56 of the Revised Code shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of section 2925.56 of the Revised Code. For purposes of division (A)(3) of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
(1) Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes a pseudoephedrine product is eighteen years of age or older;
(2) Whether the description and picture appearing on the driver's or commercial driver's license or identification card presented by a card holder is that of the card holder.
(C) In any criminal action in which the affirmative defense provided by division (A) of this section is raised, the registrar of motor vehicles or a deputy registrar who issued an identification card under sections 4507.50 to 4507.52 of the Revised Code shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the bureau of motor vehicles in the action.
Sec. 2933.33. (A) If a law enforcement officer has probable cause to believe that particular premises are used for the illegal manufacture of methamphetamine, for the purpose of conducting a search of the premises without a warrant, the risk of explosion or fire from the illegal manufacture of methamphetamine causing injury to the public constitutes exigent circumstances and reasonable grounds to believe that there is an immediate need to protect the lives, or property, of the officer and other individuals in the vicinity of the illegal manufacture.
(B) As used in this section, "methamphetamine" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 3715.05. (A) As used in this section and section 3715.06 of the Revised Code:
(1) "Consumer product" means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans. (2) "Drug," "licensed health professional authorized to prescribe drugs," "pharmacy," "prescriber," "prescription," and "terminal distributor of dangerous drugs" have the same meanings as in section 4729.01 of the Revised Code.
(3) "Pharmacist" means a person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.
(4) "Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under sections 4507.50 to 4507.52 of the Revised Code that shows a person is eighteen years of age or older.
(5) "Pseudoephedrine" means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers. (6) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient. "Pseudoephedrine product" does not include either of the following:
(a) A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form;
(b) A consumer product primarily intended for administration to children under twelve years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed fifteen milligrams of pseudoephedrine.
(7) "Retailer" means a place of business that offers consumer products for sale to the general public.
(8) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient. (9) "Wholesaler" has the same meaning as in section 3719.01 of the Revised Code.
(B) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall do all of the following:
(1) Segregate pseudoephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor of dangerous drugs;
(2) With regard to each time a pseudoephedrine product is sold or otherwise provided:
(a) Determine, by examination of a valid proof of age, that the purchaser or recipient is at least eighteen years of age;
(b) Make a reasonable attempt to ensure that no individual purchases or receives more than nine grams of pseudoephedrine products within a period of thirty consecutive days; (3) Maintain a log book of pseudoephedrine product purchases, in accordance with division (C) of this section.
(C)(1) As used in division (C) of this section, "law enforcement official" means an officer or employee of any agency or authority of the United States, a state, a territory, a political division of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
(2) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall maintain a log book of all purchases of pseudoephedrine products. The log book may be maintained in a tangible format, in an electronic format, or in both a tangible format and an electronic format. As part of this requirement, the retailer or terminal distributor of dangerous drugs shall do all of the following:
(a) Require each purchaser to sign an entry in the log book that is maintained in the electronic or tangible format;
(b) Determine whether the name signed in the entry in the log book corresponds with the name on a government-issued identification card;
(c) Retain the log book in a tangible format, in an electronic format, or in both a tangible format and an electronic format for a minimum of one year after the date of the last purchase recorded in the log book;
(d) Include in the log book in the manner described in division (C)(5) of this section or, in the alternative, post, in a conspicuous location, the following statement: "Ohio law prohibits the over-the-counter purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient. If you purchase a consumer product in which pseudoephedrine is the only active ingredient, you are required to sign a log book that may be accessible to law enforcement officers and to provide a government-issued identification card to verify your identity. Except in limited circumstances, the purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient, and the purchase by any individual under eighteen years of age of any consumer product in which pseudoephedrine is the only active ingredient, are subject to criminal prosecution or delinquency proceedings in accordance with Ohio law. Also, the provision of false information concerning an individual's name, age, or other identification for the purpose of acquiring any consumer product in which pseudoephedrine is the only active ingredient is subject to criminal prosecution or delinquency proceedings in accordance with Ohio law."
(3) Each purchaser of a pseudoephedrine product shall do all of the following:
(a) Sign and print the purchaser's name and address in the log book;
(b) Provide a government-issued identification card to the retailer or terminal distributor of dangerous drugs to verify the purchaser's identity.
(4) Information contained in the log book may not be used or disclosed except in the following circumstances:
(a) In response to a court order or subpoena;
(b) In response to a request from a law enforcement official to be used for law enforcement purposes. (5) If a retailer or terminal distributor of dangerous drugs chooses to include the statement set forth in division (C)(2)(d) of this section in the log book maintained under division (C)(2) of this section, the statement shall be set forth in the following manner:
(a) If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry.
(b) If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book.
(D) Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the state board of pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the state medical board and its employees for purposes of enforcing Chapter 4731. of the Revised Code. Sec. 3715.06. (A) Each retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler that sells, offers to sell, holds for sale, delivers, or otherwise provides any pseudoephedrine product and that discovers the theft or loss of any pseudoephedrine product in an amount of more than nine grams per incident of theft or loss shall notify all of the following upon discovery of the theft or loss:
(1) The state board of pharmacy, by telephone immediately upon discovery of the theft or loss;
(2) Law enforcement authorities. If the incident is a theft and the theft constitutes a felony, the retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall report the theft to the law enforcement authorities in accordance with section 2921.22 of the Revised Code.
(B) Within thirty days after making a report by telephone to the state board of pharmacy pursuant to division (A)(1) of this section, a retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall send a written report to the state board of pharmacy.
(C) The reports required under this section shall identify the product that was stolen or lost, the amount of the product stolen or lost, and the date and time of discovery of the theft or loss.
Sec. 4301.61. (A) As used in this section and section 4301.611
of the Revised Code: (1) "Card holder" means any person who presents a driver's or
commercial driver's license or an identification card to a permit
holder, or an agent or employee of a permit holder, for either of the
purposes listed in division (A)(4)(a) or
(b) of this section. (2) "Identification card" means an identification card issued
under sections 4507.50 to 4507.52 of the Revised Code. (3) "Permit holder" means the holder of a permit issued under
Chapter 4303. of the Revised Code. (4) "Transaction scan" means the process by which a permit holder
or an agent or employee of a permit holder checks, by means of a
transaction scan device, the validity of a driver's or commercial
driver's license or an identification card that is presented as a
condition for doing either of the following: (a) Purchasing any beer, intoxicating liquor, or low-alcohol
beverage; (b) Gaining admission to a premises that has been issued a liquor
permit authorizing the sale of beer or intoxicating liquor for consumption on
the premises where sold, and where
admission is restricted to persons twenty-one years of age or
older. (5) "Transaction scan device" means any commercial device or
combination of devices used at a point of sale that is capable
of deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of a
driver's or commercial driver's license or an identification card. (B)(1) A permit holder or an agent or employee of a permit
holder may perform a transaction scan by means of a transaction scan device to
check the validity of a driver's or commercial driver's license or
identification card presented by a card holder for
either of the purposes listed in division (A)(4)(a)
or (b) of this section. (2) If the information deciphered by the transaction scan
performed under division (B)(1) of this section fails
to match the information printed on the driver's or commercial driver's
license or identification card presented by
the card holder, or if the transaction scan indicates that the
information so printed is false or fraudulent, neither the permit
holder nor any agent or employee of the permit holder shall sell
any beer, intoxicating liquor, or low-alcohol beverage to the card holder. (3) Division (B)(1) of this section does not
preclude a permit
holder or an agent or employee of a permit holder from
using a transaction scan device to check the validity of a
document other than a driver's or commercial driver's license or
an identification card, if the document includes a bar code or
magnetic strip that may be scanned by the device, as a condition of a
sale of beer, intoxicating liquor, or a low-alcohol beverage or of granting
admission to a premises described in division (A)(4) of this
section. (C) The registrar of motor vehicles, with the approval of the
liquor control commission, shall adopt, and may amend or rescind, rules
in accordance with Chapter 119. of the Revised Code that do
both of the following: (1) Govern the recording and maintenance of information described
in divisions (D)(1)(a) and (b) of this section and, divisions
(D)(1)(a) and (b) of section 2927.021 of the Revised Code, and divisions (D)(1)(a) and (b) of section 2925.57 of the Revised Code; (2) Ensure quality control in the use of transaction scan devices
under this section and sections 2927.021, 2927.022, 2925.57, 2925.58, and 4301.611 of the
Revised Code. (D)(1) No permit holder or agent or employee of a permit holder
shall electronically or mechanically record or maintain any information
derived
from a transaction scan, except the following: (a) The name and date of birth of the person listed on the
driver's or commercial driver's license or identification card presented
by a card holder; (b) The expiration date and identification number of the driver's
or commercial driver's license or identification card presented by a card
holder. (2) No permit holder or agent or employee of a permit holder
shall use the information that is derived from a transaction scan or that is
permitted to be recorded and maintained by division (D)(1) of this
section, except for purposes of section 4301.611 of the
Revised Code. (3) No permit holder or agent or employee of a permit holder
shall use a transaction scan device for a purpose other than a purpose
listed in division (A)(4)(a) or (b) of this section. (4) No permit holder or agent or employee of a permit holder shall sell
or otherwise disseminate the information derived from a
transaction scan to any third party, including, but not limited
to, selling or otherwise disseminating that information for any marketing,
advertising, or promotional activities, but a permit holder or agent
or employee of a permit holder may release that information
pursuant to a court order or as specifically authorized by section 4301.611 or
another section of the Revised Code. (E) Nothing in this section or section 4301.611 of the Revised Code relieves a
permit holder or an agent or employee of a permit holder of any responsibility
to comply with any other applicable state or federal laws or rules governing
the sale of beer, intoxicating liquor, or low-alcohol beverages. (F) Whoever violates division (B)(2)
or (D) of this section is guilty of an illegal liquor
transaction scan, and the court
may impose upon the offender a civil penalty of up to one thousand
dollars for each violation. The clerk of the court shall pay each collected
civil penalty to the county treasurer for deposit into the county
treasury.
SECTION 2. That existing sections 109.60, 2151.022, 2152.02, 2919.22, 2925.01, 2925.04, 2925.041, 2925.14, 2925.52, and 4301.61 of the Revised Code are hereby repealed. SECTION 3. Section 2151.022 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. S.B. 179 and Sub. S.B. 218 of
the 123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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