The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 195 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives McGregor, J., Evans, Bubp, Combs, Adams, Stebelton, Fende
A BILL
To amend sections 2925.01, 2925.11, and 2925.22 of the Revised Code to provide that the prescription-related exemption from the drug possession offenses applies only when the controlled substance is obtained pursuant to a lawful prescription and to modify the penalty for "deception to obtain a dangerous drug" under specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.01, 2925.11, and 2925.22 of the Revised Code be amended to read as follows:
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;
(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.
(KK) "Lawful prescription" means a prescription that is issued by a licensed health care practitioner authorized to prescribe drugs, that is not altered or forged, and that was not obtained by means of deception, as defined in section 2913.01 of the Revised Code, or by theft in violation of section 2913.02 of the Revised Code.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess, or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct was in accordance
with Chapters 3719.,
4715., 4723., 4729., 4730., 4731.,
and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant to a lawful prescription issued by a licensed health
professional authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of
one of the following:
(1) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and
hashish, whoever violates division (A) of
this section is guilty
of aggravated possession of drugs. The
penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds
five times the bulk amount but is less than
fifty times the
bulk
amount, aggravated possession of drugs is a felony of the
second
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times
the bulk amount
but is less than one hundred times the
bulk
amount, aggravated possession
of drugs is a felony of the
first degree, and the court shall impose as a
mandatory prison
term one of the prison terms prescribed for a felony of the
first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred
times the bulk
amount, aggravated possession of drugs is a
felony of the first degree, the
offender is a major drug offender,
and
the court shall impose as a mandatory prison term the maximum
prison term
prescribed for a felony of the first degree and may
impose an additional
mandatory prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V,
whoever violates division (A) of this section is
guilty of
possession of
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
or (d) of this section,
possession of drugs is a misdemeanor of
the third degree or, if the offender previously has been
convicted
of a drug abuse offense, a misdemeanor of the second
degree. If
the drug involved in the violation is an anabolic
steroid included
in schedule III and if the offense is a
misdemeanor of the third
degree under this division, in lieu of
sentencing the offender to
a term of imprisonment in a detention
facility, the court may
place the offender
under a community
control sanction, as defined in section 2929.01 of the Revised
Code, that requires the offender to perform supervised community
service work pursuant to
division
(B) of section 2951.02 of the
Revised
Code.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to
impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds
five times the bulk amount but is less than
fifty times the
bulk
amount, possession of drugs is a felony of the third degree,
and
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as
a mandatory prison term one of the prison terms prescribed for
a
felony of the second degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish, whoever violates
division (A) of this
section
is guilty of possession of marihuana. The penalty for
the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e), or
(f) of this section, possession of marihuana is a
minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one
hundred grams but is less than
two hundred
grams, possession of
marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved equals or exceeds
two
hundred grams but is less than one thousand
grams,
possession of
marihuana is a felony of the fifth 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 the drug involved equals or exceeds
one
thousand grams but is less than five
thousand grams,
possession of
marihuana is a felony of the third 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 the drug involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
possession of marihuana is a felony of the third degree, and
there
is a presumption that a prison term shall be imposed for
the
offense.
(f) If the amount of the drug involved equals or exceeds
twenty thousand grams, possession 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.
(4) If the drug involved in
the violation is cocaine or a
compound, mixture, preparation, or substance
containing cocaine,
whoever violates division (A)
of this section is guilty of
possession of cocaine. The penalty
for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, possession of cocaine is a
felony of the
fifth degree, and division (B) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
five grams but is less than twenty-five grams of
cocaine that is
not crack
cocaine or equals or exceeds one gram but is less than
five grams
of crack cocaine, possession of
cocaine is a felony of
the fourth degree, and there is a
presumption for a prison term
for the offense.
(c) If the amount of the drug involved equals or exceeds
twenty-five grams but is less than one hundred
grams
of cocaine
that is not crack cocaine or equals or
exceeds five grams but is
less than ten grams of crack cocaine,
possession of
cocaine is a
felony of the third degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds
one
hundred grams but is less than five hundred
grams
of cocaine that
is not crack cocaine or equals or
exceeds ten grams but is less
than twenty-five grams of crack cocaine,
possession
of
cocaine is
a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five hundred grams but is less than one thousand
grams
of cocaine
that is not crack cocaine or
equals or exceeds twenty-five grams
but
is less than one hundred grams of crack cocaine,
possession of
cocaine is a felony of the first degree, and the
court shall
impose as a mandatory prison term one of the prison
terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine, possession of cocaine
is a felony of
the first degree, the offender is a major drug
offender, and the
court shall impose as a mandatory prison
term
the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of
section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever
violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as
follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), or (f) of this section, possession of L.S.D. is a
felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten
unit doses
but is less than fifty unit doses
of L.S.D. in a solid
form or equals or exceeds one gram
but is less than five grams of
L.S.D.
in a liquid concentrate, liquid extract, or liquid
distillate
form, possession of
L.S.D. is a felony of the fourth
degree,
and division (C) of section 2929.13 of the Revised Code
applies in determining
whether to impose a prison term on the
offender.
(c) If the amount of
L.S.D. involved equals or exceeds fifty
unit doses,
but is less than two hundred fifty unit doses
of
L.S.D. in a solid form or equals or exceeds five grams
but is less
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the third degree, and there is a
presumption for a
prison term for the offense.
(d) If the amount of
L.S.D. involved equals or exceeds two
hundred fifty
unit doses but is less than one thousand unit
doses
of L.S.D. in a solid form or equals or exceeds twenty-five
grams
but is less than one hundred grams of
L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
possession
of L.S.D. is a felony of the
second degree, and the court shall
impose as a mandatory prison
term one of the prison terms
prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved equals or exceeds one
thousand unit
doses but is less than five thousand unit doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of
L.S.D.
in a liquid concentrate,
liquid extract, or liquid distillate
form, possession of L.S.D. is
a felony of the first degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the first degree.
(f) If the amount of
L.S.D. involved equals or exceeds five
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds
five
hundred grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional mandatory
prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c),
(d), (e), or
(f) of this section, possession of heroin is a felony
of the fifth
degree, and division (B) of section 2929.13 of the
Revised Code applies in
determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds ten
unit doses
but is less than fifty unit doses or equals or exceeds
one gram but is less than five grams, possession
of heroin is
a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on
the offender.
(c) If the amount of the drug involved equals or exceeds
fifty unit doses
but is less than one hundred unit doses or equals
or exceeds
five grams but is less than ten grams,
possession of
heroin is
a felony of the third degree, and there is a presumption
for a
prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one
hundred unit
doses but is less than five hundred unit doses or
equals or exceeds
ten grams but is less than fifty grams,
possession of heroin
is a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five hundred unit
doses but is less than two thousand five hundred
unit doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams,
possession of heroin is a felony of the first
degree, and the
court shall impose as a mandatory prison term one
of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams, possession of heroin is a felony of the
first degree,
the offender is a major drug offender, and the
court shall impose
as a mandatory prison
term the maximum prison term prescribed for
a felony of the first
degree and may impose an additional
mandatory prison term
prescribed for a major drug offender under
division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f) of this section, possession of hashish is a minor
misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five grams but is less than ten grams of hashish
in a solid form
or equals
or exceeds one gram but is less than two grams
of
hashish in a liquid
concentrate, liquid extract, or liquid
distillate form, possession of
hashish is a misdemeanor of the
fourth degree.
(c) If the amount of the drug involved equals or exceeds
ten
grams but is less than fifty grams of
hashish in a solid form or
equals or
exceeds two grams but is less than ten grams of
hashish
in a liquid
concentrate, liquid extract, or liquid distillate
form,
possession of hashish is a felony of the fifth 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 the drug involved equals or exceeds
fifty grams but is less than two hundred fifty
grams of hashish in
a solid
form or equals or exceeds ten grams but is
less than fifty
grams of hashish in a
liquid concentrate, liquid extract, or
liquid distillate form,
possession of hashish is a felony of the
third 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 the drug involved equals or exceeds
two
hundred fifty grams but is less than one
thousand grams of hashish
in a
solid form or equals or exceeds fifty grams but
is less than
two hundred grams of
hashish in a liquid concentrate, liquid
extract, or liquid distillate form,
possession of hashish is a
felony of the third degree, and there is a
presumption that a
prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of hashish in a solid form or equals or exceeds two
hundred grams of
hashish in a liquid concentrate, liquid extract,
or liquid distillate form,
possession of hashish 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.
(D) 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 any application for
employment, license, or
other right or privilege, or made in
connection with the person's
appearance as a witness.
(E) In addition to any prison term
or jail term authorized
or
required by
division (C) of this section and sections
2929.13, 2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in
addition to any other sanction that is
imposed for the
offense
under this section, sections 2929.11 to
2929.18, or
sections 2929.21 to 2929.28 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)(a) If the violation 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.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, 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.
(c) 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 pursuant to division
(E)(1)(b) of this section as if it were
a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) 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.
(3) 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.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance 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
under any
other
circumstances, that indicate that the substance was possessed
solely for
personal use.
Notwithstanding any contrary provision
of this section, if, in accordance
with section 2901.05 of the
Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section
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 accused may be prosecuted
for and may plead guilty to or be
convicted of a misdemeanor
violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of
the Revised Code
applies regarding the determination of the amount
of the controlled substance
involved at the time of the offense.
Sec. 2925.22. (A) No person, by deception, as defined in
section 2913.01 of the Revised Code, shall procure the
administration of, a prescription for, or the dispensing of, a
dangerous drug or shall possess an uncompleted preprinted
prescription
blank used for writing a prescription for a dangerous
drug.
(B) Whoever violates this section is guilty of deception
to
obtain a dangerous drug. The penalty for the offense shall be
determined
as follows:
(1) If the drug involved is a dangerous drug, except as otherwise provided in division (B)(2) or (3) of this section, deception to obtain a dangerous drug is a misdemeanor of the second degree or, if the offender previously has been convicted of or pleaded guilty to a drug abuse offense, a misdemeanor of the first degree.
(2) If the drug involved is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana, the penalty for deception to obtain drugs is one of the following:
(a) Except as otherwise provided in division (B)(2)(b), (c), or (d) of this section, it is a felony of
the fourth degree, and division
(C) of section 2929.13 of the
Revised Code applies in determining whether to
impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed the bulk amount but would be less than five times the bulk amount, it is a felony of the third degree, and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed five times the bulk amount but would be less than fifty times the bulk amount, it is a felony of the second degree, and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed fifty times the bulk amount, it is a felony of the first degree, and there is a presumption for a prison term for the offense.
(2)(3) If the drug involved is a dangerous drug or a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V or is marihuana, the penalty for
deception to obtain a dangerous drug is one of the following:
(a) Except as otherwise provided in division (B)(3)(b), (c), or (d) of this section it is a
felony of the fifth degree, and
division (C) of section 2929.13 of
the Revised Code applies in determining
whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed the bulk amount but would be less than five times the bulk amount, it is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed five times the bulk amount but would be less than fifty times the bulk amount, it is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed fifty times the bulk amount, it is a felony of the second degree, and there is a presumption for a prison term for the offense.
(C) In addition to any prison term authorized or required by
division (B) 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 both of the following:
(1) 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.
(2) 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.
(D) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court shall pay a
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.
Section 2. That existing sections 2925.01, 2925.11, and 2925.22 of the Revised Code are hereby repealed.
|
|