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.
|
S. B. No. 343 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsor:
Senator Miller, D.
A BILL
To amend sections 2925.02, 2925.03, 2925.04, 2925.11,
2925.14, and 3781.32 and to enact sections
2925.41, 2925.43, 2925.44, 2925.45, 3728.01,
3728.02, 3728.03, 3728.04, 3728.05, 3728.06,
3728.07, 3728.08, 3728.10, 3728.11, 3728.12,
3728.13, 3728.14, 3728.15, 3728.16, 3728.17,
3728.18, 3728.20, 3728.21, 3728.22, 3728.25,
3728.26, 3728.27, 3728.28, 3728.29, 3728.30,
3728.35, 3728.36, 3728.37, 3728.371, 3728.372,
3728.373, 3728.38, 3728.381, 3728.382, 3728.40,
3728.41, 3728.42, 3728.43, 3728.45, 3728.47, and
3728.99 of the Revised Code regarding the medical
use of cannabis.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.02, 2925.03, 2925.04, 2925.11,
2925.14, and 3781.32 be amended and sections 2925.41, 2925.43,
2925.44, 2925.45, 3728.01, 3728.02, 3728.03, 3728.04, 3728.05,
3728.06, 3728.07, 3728.08, 3728.10, 3728.11, 3728.12, 3728.13,
3728.14, 3728.15, 3728.16, 3728.17, 3728.18, 3728.20, 3728.21,
3728.22, 3728.25, 3728.26, 3728.27, 3728.28, 3728.29, 3728.30,
3728.35, 3728.36, 3728.37, 3728.371, 3728.372, 3728.373, 3728.38,
3728.381, 3728.382, 3728.40, 3728.41, 3728.42, 3728.43, 3728.45,
3728.47, and 3728.99 of the Revised Code be enacted to read as
follows:
Sec. 2925.02. (A) No person shall knowingly do any of the
following:
(1) By force, threat, or deception, administer to another
or
induce or cause another to use a controlled substance;
(2) By any means, administer or furnish to another or
induce
or cause another to use a controlled substance with
purpose to
cause serious physical harm to the other person, or
with purpose
to cause the other person to become drug dependent;
(3) By any means, administer or furnish to another or
induce
or cause another to use a controlled substance, and
thereby cause
serious physical harm to the other person, or cause
the other
person to become drug dependent;
(4) By any means, do any of the following:
(a) Furnish or administer a controlled substance to a
juvenile who is at least two years the offender's junior,
when the
offender
knows the age of the juvenile or is reckless in that
regard;
(b) Induce or cause a juvenile who is at least two years
the
offender's junior to use a controlled substance, when
the offender
knows
the age of the juvenile or is reckless in that regard;
(c) Induce or cause a juvenile who is at least two years
the
offender's junior to commit a felony drug abuse offense,
when the
offender knows the age of the juvenile or is reckless in that
regard;
(d) Use a juvenile, whether or not the offender knows the
age
of the juvenile, to perform any surveillance activity that is
intended to prevent the detection of the offender or any other
person in the commission of a felony drug abuse offense or to
prevent the arrest of the offender or any other person for the
commission of a felony drug abuse offense.
(B)(1) Division (A)(1), (3), or (4) of this section does not
apply to manufacturers, wholesalers, 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., 4730., 4731., and 4741.
of
the Revised
Code.
(2) Division (A)(3) or (4) of this section does not apply to
a holder of a valid registry identification card issued under
section 3728.13 of the Revised Code or to a physician who provides
a practitioner's written certification under section 3728.08 of
the Revised Code to the extent and under the circumstances
described in Chapter 3728. of the Revised Code.
(C) Whoever violates this section is guilty of corrupting
another with drugs. The penalty for the offense shall be
determined
as follows:
(1) Except as otherwise provided in this division, if the
drug involved is any compound, mixture,
preparation, or substance
included in schedule I or II, with the exception of
marihuana,
corrupting another with 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 the drug
involved
is any compound, mixture, preparation, or substance
included in
schedule I or II, with the exception of marihuana, and
if
the
offense was committed in the vicinity of a school,
corrupting
another with
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.
(2) Except as otherwise provided in this division, if the
drug involved is any compound, mixture, preparation, or substance
included in
schedule III, IV, or V, corrupting another with drugs
is a felony of the
second degree, and there is a presumption for a
prison term for the offense. If the drug involved is any
compound,
mixture,
preparation, or substance included in schedule
III, IV,
or
V and if the offense was committed in the vicinity of
a school,
corrupting another with 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.
(3) Except as otherwise provided in this division, if the
drug involved is marihuana, corrupting another
with 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. If the drug involved
is marihuana
and
if the offense was committed in the vicinity of a
school,
corrupting another with drugs 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.
(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 or the clerk of that court
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, any mandatory fine
imposed pursuant
to
division (D)(1)(a) of this section and any
fine imposed for a
violation of this section pursuant to division
(A) of section
2929.18 of the Revised Code shall be paid
by the clerk of the
court in accordance with and subject to the
requirements of, and
shall be used as specified in, division
(F) of section 2925.03 of
the Revised Code.
(c) If a person is charged with any violation of this
section
that is a felony of the first, second, or third
degree,
posts
bail, and forfeits the bail, the forfeited bail shall be
paid by
the clerk of the court pursuant to division (D)(1)(b) of
this
section as if it were a fine imposed for a violation of
this
section.
(2) The court
shall
suspend for not less than six months
nor
more than five years the
offender's
driver's or commercial
driver's license or permit. If an offender's driver's or
commercial driver's
license or permit is
suspended
pursuant to
this division,
the offender, at any time after the
expiration of
two years from
the day on which the offender's
sentence was
imposed or from
the
day on which the offender finally
was released
from
a prison term
under the
sentence, whichever is
later, may
file a motion with the
sentencing court requesting
termination of
the
suspension.
Upon
the filing of the
motion and the court's
finding
of good cause
for the termination,
the court may terminate
the
suspension.
(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.
(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 that otherwise is
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.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a
controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person.
(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 is 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) A holder of a valid registry identification card under
section 3728.13 of the Revised Code to the extent and under the
circumstances described in Chapter 3728. of the Revised Code.
(C) Whoever violates division (A) of this section is guilty
of one of the
following:
(1) If the drug involved in the violation is any
compound,
mixture, preparation, or substance included in schedule
I or
schedule II, with the exception of
marihuana, cocaine, L.S.D.,
heroin, and hashish,
whoever
violates division (A) of this section
is guilty of
aggravated trafficking in drugs. The penalty for the
offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), (e),
or (f) of this section, aggravated trafficking in 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.
(b) Except as otherwise provided in division
(C)(1)(c), (d),
(e), or (f) of
this section, if the offense was committed in the
vicinity of a school or in
the vicinity of a juvenile, aggravated
trafficking in drugs 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.
(c) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, aggravated
trafficking in
drugs
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. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in 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) Except as otherwise provided in this division, 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
trafficking in 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. If the
amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, aggravated trafficking in 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
fifty times the bulk amount but is less than one
hundred times
the
bulk amount and regardless of whether the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
aggravated trafficking in 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.
(f) If the amount of the drug involved equals or exceeds
one
hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in 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 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 any
compound,
mixture, preparation, or substance included in schedule
III, IV,
or V, whoever violates division
(A) of this section is guilty of
trafficking in
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
(d), or
(e) of
this section, trafficking in drugs 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) Except as otherwise provided in division
(C)(2)(c), (d),
or (e) of this section,
if the offense was committed in the
vicinity of a
school or in the vicinity of a juvenile, trafficking
in 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) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
the bulk amount but
is less than five times the
bulk amount, trafficking in
drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved
is
within that range and if the offense was committed in the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in drugs
is a felony of the third degree, and there
is a
presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five times the bulk
amount but is less than
fifty times the
bulk amount, trafficking
in drugs is a felony of the third degree, and there
is a
presumption
for a prison term for the offense. If the amount of
the drug
involved is within that range and if the offense was
committed in
the vicinity of a school or in the vicinity of a
juvenile,
trafficking in drugs is a felony of the second degree,
and there
is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
fifty times the bulk
amount, trafficking in 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. If the
amount of the drug involved equals or exceeds fifty times the bulk
amount
and if the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in 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.
(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 trafficking in marihuana. The penalty for the
offense
shall
be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in marihuana 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) Except as otherwise provided in division
(C)(3)(c), (d),
(e), (f), or
(g) of
this section, if the offense was committed in
the vicinity of
a school or in the vicinity of a juvenile,
trafficking in
marihuana 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) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
two hundred grams
but is less than one thousand
grams, trafficking in
marihuana 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. If the amount of the drug
involved
is
within that range and if the offense was committed in
the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in
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.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
one thousand grams
but is less than five
thousand grams, trafficking in
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. If the amount
of the drug involved
is
within that range and if the offense was committed in the
vicinity
of a school or in the vicinity of a juvenile,
trafficking
in
marihuana is a felony of the second degree, and
there is a
presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
five thousand grams
but is less than twenty
thousand grams, trafficking in
marihuana
is a
felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of
the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds
twenty thousand
grams, trafficking in 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, trafficking in 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.
(g) Except as otherwise provided in this division, if
the
offense involves a gift of twenty grams or less of
marihuana,
trafficking in marihuana is a minor misdemeanor upon
a first
offense and a misdemeanor of the third degree upon a
subsequent
offense. If the offense involves a gift of twenty
grams or less
of
marihuana and if the offense was committed in
the vicinity of a
school or in the vicinity of a juvenile,
trafficking in marihuana
is a misdemeanor of the third 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
trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e),
(f), or (g) of this section, trafficking in cocaine 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) Except as otherwise provided in division
(C)(4)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a
school or in the vicinity of a juvenile,
trafficking in cocaine
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) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds five grams but is
less than
ten grams of
cocaine
that is not crack cocaine or equals
or exceeds one gram
but is less than five
grams of crack cocaine,
trafficking in cocaine is a felony of the
fourth degree, and there
is a presumption for a prison term for the
offense. If the amount
of the drug involved is within one of those ranges and
if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in cocaine is a felony
of the
third degree, and there is a presumption for a prison term
for the
offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug involved equals or exceeds ten 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, trafficking in
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.
If the amount of the drug involved is within one of those ranges
and
if the
offense was committed in the vicinity of a school or
in
the vicinity of a juvenile,
trafficking in 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) Except as otherwise provided in this division, 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,
trafficking in 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. If the amount of the drug involved
is
within
one of those ranges and
if the offense was committed in
the
vicinity of a
school or in the vicinity of a juvenile,
trafficking
in
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
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 and
regardless
of
whether the
offense was committed in the vicinity of a school
or
in the vicinity of a
juvenile,
trafficking in
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.
(g) 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
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in 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. or a
compound, mixture, preparation, or substance containing
L.S.D.,
whoever violates division
(A) of this section is guilty of
trafficking in
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), (f), or (g) of this
section, trafficking in
L.S.D. 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) Except as otherwise provided in division
(C)(5)(c), (d),
(e), (f), or
(g) of this section, if the offense was committed in
the
vicinity of a school or in the vicinity of a juvenile,
trafficking in 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) Except as otherwise provided in this division, if the
amount
of the drug 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,
trafficking in
L.S.D. is a felony of the fourth degree,
and there
is a presumption for a prison term for the offense. If
the amount
of the drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount
of the drug 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,
trafficking
in
L.S.D. 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.
If the
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in
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) Except as otherwise provided in this division, if the
amount
of the drug 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,
trafficking in
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. If
the amount of the drug involved
is
within that range and if the
offense was committed in the
vicinity
of a school or in the
vicinity of a juvenile, trafficking
in
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 the drug 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
and regardless of
whether the offense was committed in the vicinity of a
school or
in the vicinity of a juvenile, trafficking in
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.
(g) If the amount of the drug 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
and regardless of
whether the
offense was committed
in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in
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
trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in
division (C)(6)(b), (c),
(d),
(e), (f), or (g) of this section,
trafficking in heroin 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) Except as otherwise provided in
division (C)(6)(c), (d),
(e),
(f), or (g) of this section, if the offense was committed
in
the vicinity
of a school
or in the vicinity of a juvenile,
trafficking in 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) Except as otherwise provided in this division, 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,
trafficking in heroin is a felony of
the
fourth degree,
and there is a presumption for a prison term for
the offense. If
the amount of the drug involved is within that
range and if the
offense was committed in the vicinity of a school
or in the
vicinity of a juvenile, trafficking in heroin is a
felony of the
third degree, and there is a presumption for a
prison term for
the offense.
(d) Except as otherwise provided in this division, 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, trafficking in
heroin is a
felony of the
third degree,
and there is a presumption for a
prison term for the offense.
If the amount of the drug involved
is within that range and if
the offense was committed in the
vicinity of a school or in the
vicinity of a juvenile, trafficking
in heroin is a felony of the
second degree, and there is a
presumption for a prison term for
the offense.
(e) Except as otherwise provided in this division, 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,
trafficking in
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. If
the amount of
the
drug involved is within that range and if the
offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in 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
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 and regardless of
whether the offense was
committed in the vicinity of a school or in the
vicinity of a
juvenile, trafficking in
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.
(g) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in
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
trafficking in 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,
trafficking in hashish 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) Except as otherwise provided in division
(C)(7)(c), (d),
(e), or (f)
of this section, if the offense was committed in the
vicinity
of a
school or in the vicinity of a juvenile, trafficking
in hashish
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) Except as otherwise provided in this division, 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,
trafficking in hashish 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. If
the amount of
the drug involved is within that range
and if the
offense was committed in the vicinity of a school or
in the
vicinity of a juvenile, trafficking in 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.
(d) Except as otherwise provided in this division, 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, trafficking in 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. If the amount of
the drug involved is within that range
and if the offense was committed in the vicinity of a school or
in
the vicinity of a juvenile, trafficking in hashish is a felony
of
the second degree, and
there is a presumption that a prison term
shall be imposed for the offense.
(e) Except as otherwise provided in this division, 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, trafficking in hashish is a felony of
the
third degree, and there is a presumption that a prison term shall
be
imposed for the offense. If the amount of the drug involved is
within
that range and if the offense was committed in the vicinity
of a
school or in the vicinity of a juvenile, trafficking in
hashish
is a felony of the second degree, and there is a
presumption that a prison
term shall be imposed for the offense.
(f) Except as otherwise provided in this division, 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,
trafficking in
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.
If the amount of the drug
involved
is within that range
and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish 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) 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. Except as
otherwise provided in
division (H)(1) of this section, a
mandatory fine or any other
fine imposed for a violation of this
section is subject to
division (F) of this
section. 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 of
the court shall pay the
forfeited bail
pursuant to divisions
(D)(1) and
(F) of this section, as if the forfeited bail was a
fine
imposed for a violation of this section. If any amount of
the
forfeited bail
remains after that payment and if a fine is
imposed
under division (H)(1) of
this section, the clerk of the
court
shall pay the remaining amount of the
forfeited bail
pursuant to
divisions (H)(2) and (3) of this section, as if
that
remaining
amount was a fine imposed under division (H)(1) of this
section.
(2) The court shall
suspend the driver's or
commercial
driver's license or permit of the offender in
accordance with
division (G) of this section.
(3) If the offender is a professionally licensed person,
the
court
immediately shall comply with section 2925.38 of
the
Revised
Code.
(E) When a person is charged with the
sale of or offer to
sell a bulk amount
or a multiple of a bulk amount of a controlled
substance, the jury, or the
court trying the
accused, shall
determine the amount of the controlled substance
involved at the
time of the offense and, if a guilty verdict is
returned, shall
return the findings as part of the verdict. In
any such case, it
is unnecessary to find and return the exact
amount of the
controlled substance involved, and it is sufficient if the
finding
and return is to the effect that the amount of the
controlled
substance involved is the requisite
amount, or that the amount of
the controlled
substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H)
of this
section, the clerk of the court shall pay any mandatory
fine imposed pursuant
to division (D)(1) of this section and any
fine other than a
mandatory fine that is imposed for
a violation
of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the
county, township, municipal
corporation, park district, as
created pursuant to section 511.18
or 1545.04 of the Revised
Code, or state law enforcement agencies
in this state that
primarily were responsible for or involved in
making the arrest
of, and in prosecuting, the offender. However,
the clerk shall not
pay a mandatory fine
so imposed to a law
enforcement agency unless the
agency has adopted a written
internal control policy under
division (F)(2) of this section that
addresses the use of
the
fine moneys that it receives. Each
agency
shall use
the mandatory fines so paid to subsidize the
agency's
law enforcement
efforts that
pertain to drug offenses, in
accordance with the written internal
control policy adopted by the
recipient agency under division
(F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B) of section 2925.42 of
the
Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of
those
fine moneys, the general types of expenditures made out of
those
fine moneys, and the specific amount of each general type
of
expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type
of
expenditure by an agency are public records open for
inspection
under section 149.43 of the Revised Code.
Additionally, a written
internal control policy adopted under
this division is such a
public record, and the agency that
adopted it shall comply with
it.
(b) Each law enforcement agency that receives in any
calendar
year any fine moneys under division (F)(1) of this
section or
division (B) of section 2925.42 of the Revised Code
shall prepare
a report covering the calendar year that cumulates
all of the
information contained in all of the public financial
records kept
by the agency pursuant to division (F)(2)(a) of this
section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general. Each report received by the attorney
general is a public
record open for inspection under section
149.43 of the Revised
Code. Not later than the fifteenth
day of
April in the calendar
year in which the reports
are received, the
attorney general shall
send
to the president of the senate
and the
speaker of the house
of representatives
a written notification
that does all of the
following:
(i) Indicates that the attorney general has received from
law
enforcement agencies reports of the type described in this
division that
cover
the previous
calendar year and indicates that
the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under
section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy
of any or all of the reports to the
president of the senate
or the
speaker of the house of
representatives upon request.
(3) As used in division
(F) of this section:
(a)
"Law enforcement agencies" includes, but is not
limited
to, the state board of pharmacy and the office of a
prosecutor.
(b)
"Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(G) When required under division
(D)(2) of
this section
or
any other provision of this chapter, the court
shall suspend for
not less than six months
or
more than five years the driver's or
commercial driver's license
or permit
of any person who is
convicted of or pleads guilty to
any
violation of this section
or
any other specified
provision of this chapter. If an offender's
driver's or
commercial driver's license or permit is
suspended
pursuant to this
division,
the offender, at any time after the
expiration of two years from
the day on which the offender's
sentence was imposed or from the
day on
which the offender finally
was released from a
prison
term under the
sentence, whichever is
later, may file a motion with the
sentencing court requesting
termination of the
suspension; upon
the filing of such
a motion
and the court's finding of good cause
for the
termination, the
court may terminate the
suspension.
(H)(1) In addition to any prison term
authorized or required
by division (C) of this section and
sections 2929.13 and 2929.14
of the
Revised Code, in addition to any other
penalty or sanction
imposed for the offense under this section
or sections 2929.11 to
2929.18 of the
Revised Code, and in addition to the
forfeiture of
property in connection with the offense as
prescribed in Chapter
2981. 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 may impose upon the offender an
additional
fine specified for the offense in
division (B)(4) of
section
2929.18 of the Revised Code. A fine imposed under
division (H)(1)
of this section
is not subject to division (F) of
this section and
shall
be used solely for the support of one or
more eligible
alcohol
and drug addiction programs in accordance
with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division
(H)(1) of
this section shall
specify in the judgment that imposes the fine
one or more
eligible alcohol and drug addiction programs for the
support of
which the fine money is to be used. No alcohol and
drug
addiction program shall receive or use money paid or
collected
in
satisfaction of a fine imposed under division
(H)(1)
of this
section unless
the program is specified in the judgment
that
imposes the fine.
No alcohol and drug addiction program
shall be
specified in the
judgment unless the program is an
eligible
alcohol and drug
addiction program and, except as
otherwise
provided in division
(H)(2) of this section, unless
the
program is
located in the county in which the court that
imposes
the fine is
located or in a county that is immediately
contiguous
to the
county in which that court is located. If no
eligible
alcohol and
drug addiction program is located in any
of those
counties, the
judgment may specify an eligible alcohol
and drug
addiction
program that is located anywhere within this
state.
(3) Notwithstanding any contrary provision of section
3719.21
of the Revised Code, the clerk of the court
shall pay any
fine
imposed under division
(H)(1) of this section to the eligible
alcohol and drug addiction
program specified pursuant to division
(H)(2) of this section in the
judgment. The eligible alcohol and
drug addiction program that receives the
fine moneys shall use the
moneys only for the
alcohol and drug addiction services identified
in the
application for certification under section 3793.06 of the
Revised Code or in the application for a
license under section
3793.11 of the Revised Code filed with
the department of alcohol
and drug addiction services by the alcohol and drug
addiction
program specified in the judgment.
(4) Each alcohol and drug addiction program that receives
in
a calendar year any fine moneys under division
(H)(3) of this
section shall
file an annual report covering that calendar year
with the court
of common pleas and the board of county
commissioners of the
county in which the program is located, with
the court of common pleas and the
board of county commissioners of
each county from which the program received
the moneys if that
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug
addiction
program shall file the report no later than the first
day of March in
the calendar year
following the calendar year in
which the program received the
fine moneys. The report shall
include statistics on the number
of persons served by the alcohol
and drug addiction program,
identify the types of alcohol and drug
addiction services
provided to those persons, and include a
specific accounting of
the purposes for which the fine moneys
received were used. No
information contained in the report shall
identify, or enable a
person to determine the identity of, any
person served by the
alcohol and drug addiction program. Each
report received by a
court of common pleas, a board of county
commissioners, or the
attorney general is a public record open for
inspection under
section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a)
"Alcohol and drug addiction
program" and
"alcohol and
drug addiction services" have the same
meanings as in section
3793.01 of the Revised Code.
(b)
"Eligible alcohol and drug
addiction program" means an
alcohol and drug addiction program
that is certified under section
3793.06 of the
Revised Code or licensed under section
3793.11 of
the Revised Code by the department of
alcohol and drug addiction
services.
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 or to a holder of a valid registry identification card
issued under section 3728.13 of the Revised Code to the extent and
under the circumstances described in Chapter 3728. of the Revised
Code.
(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 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.
(3) If the drug involved in the violation of division (A) of
this section
is methamphetamine, 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.
(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.
(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)(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. 2925.11. (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 prescription issued by a licensed health
professional
authorized to prescribe drugs;
(5) A holder of a valid registry identification card issued
under section 3728.13 of the Revised Code to the extent and under
the circumstances described in Chapter 3728. of the Revised Code.
(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. 2925.14. (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;
(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)(1) 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., 4730., 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.
(2) This section does not apply to a holder of a valid
registry identification card issued under section 3728.13 of the
Revised Code to the extent and under the circumstances described
in
Chapter 3728. of the Revised Code.
(E) Notwithstanding Chapter 2981. 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
(B) of section 2981.12 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. 2925.41. (A) As used in sections 2925.41 to 2925.45 of
the Revised Code, "cannabis," "cardholder," "medical use of
cannabis," "practitioner," "registered primary caregiver," and
"registered qualifying patient" have the same meanings as in
section 3728.01 of the Revised Code.
(B) The following persons are not subject to arrest,
prosecution, or any criminal or civil penalty and shall not be
denied any right or privilege for engaging in any of the following
specified activities:
(1) A registered qualifying patient for engaging in the
medical use of cannabis;
(2) A registered primary caregiver for engaging in an
activity authorized by section 3728.03 of the Revised Code;
(3) A cardholder for engaging in an activity authorized by
section 3728.06 of the Revised Code;
(4) Any person for engaging in an activity authorized by
section 3728.07 of the Revised Code;
(5) A practitioner for engaging in an activity authorized by
section 3728.08 of the Revised Code.
(C)(1) There is a presumption that a registered qualifying
patient is engaged in the medical use of cannabis if the patient
is in possession of a valid registry identification card and an
amount of usable cannabis or number of mature cannabis plants that
does not exceed the limit established by division (B)(1) of
section 3728.02 of the Revised Code or rules adopted under section
3728.371 of the Revised Code. The presumption may be rebutted by
evidence that conduct related to cannabis was not for the purpose
of treating or alleviating the registered qualifying patient's
debilitating medical condition or symptoms associated with the
debilitating medical condition.
(2) There is a presumption that a registered primary
caregiver is engaging in an activity authorized by section 3728.03
of the Revised Code if the registered primary caregiver is in
possession of a valid registry identification card and an amount
of usable cannabis or number of mature cannabis plants that does
not exceed the limit established by division (B)(1) of section
3728.02 of the Revised Code or rules adopted under section
3728.371 of the Revised Code. The presumption may be rebutted by
evidence that conduct related to cannabis was not for the purpose
of treating or alleviating the debilitating medical condition or
symptoms associated with the debilitating medical condition of a
registered qualifying patient for whom the registered primary
caregiver serves as a registered primary caregiver.
Sec. 2925.43. (A) Possession of or application for a
registry identification card shall not constitute probable cause
or reasonable suspicion to search or seize the person or property
of the person possessing or applying for the card.
(B) No person shall be subject to arrest, prosecution, or any
criminal or civil penalty or shall be denied any right or
privilege solely for being in the presence or vicinity of a
registered primary caregiver engaging in the medical use of
cannabis or for assisting a registered qualifying patient's use or
administration of cannabis, regardless of whether the person is a
registered primary caregiver.
(C) No law enforcement officer or law enforcement agency
shall seize any cannabis, cannabis paraphernalia, licit property,
or interest in licit property that is possessed, owned, or used in
connection with a registered qualifying patient's medical use of
cannabis or in connection with acts incidental to a registered
qualifying patient's medical use of cannabis. No court shall order
the forfeiture of any cannabis, cannabis paraphernalia, licit
property, or interest in licit property that is so possessed,
owned, or used. If a law enforcement officer seizes and does not
return cannabis that is possessed by a cardholder in accordance
with section 3728.02 or 3728.03 of the Revised Code, the agency
that employs the officer shall be liable to the cardholder for the
value of the cannabis.
Sec. 2925.44. If an individual being investigated by a law
enforcement officer employed by a state-funded or locally funded
law enforcement agency credibly asserts during the course of the
investigation that he or she is a registered qualifying patient or
registered primary caregiver, neither the law enforcement officer
nor the law enforcement agency shall provide any information,
except as required by federal law or the United States
Constitution, from any cannabis-related investigation of the
person to any law enforcement authority that does not recognize
the protections of sections 2925.41 to 2925.44 of the Revised
Code. Any prosecution of the individual for a violation of this
chapter shall be conducted pursuant to the laws of this state.
Sec. 2925.45. (A) Except as provided in division (B) of
section 3728.02 of the Revised Code, a person who is not a
registered qualifying patient may assert the medical purpose for
using cannabis as a defense to any prosecution involving cannabis,
and this defense shall be presumed valid if the evidence shows
that all of the following apply:
(1) A practitioner has stated that in the practitioner's
professional opinion and scope of practice and after having
completed a full assessment of the person's medical history and
current medical condition made in the course of a bona fide
practitioner-patient relationship the person is likely to receive
therapeutic or palliative benefit from the medical use of cannabis
to treat or alleviate the person's serious or debilitating medical
condition or symptoms associated with the person's serious or
debilitating medical condition.
(2) The person was in possession of a quantity of cannabis
that was not more than was reasonably necessary to ensure the
uninterrupted availability of cannabis for the purpose of treating
or alleviating the person's serious or debilitating medical
condition or symptoms associated with the person's serious or
debilitating medical condition.
(3) The person was engaged in the acquisition, possession,
cultivation, manufacture, use, delivery, transfer, or
transportation of cannabis or paraphernalia relating to the
administration of cannabis to treat or alleviate the serious or
debilitating medical condition or symptoms associated with the
serious or debilitating medical condition.
(B) If a person who is not a registered qualifying patient
demonstrates the person's medical purpose for using cannabis
pursuant to this section, the person shall not be subject to
either of the following:
(1) Disciplinary action by a business or licensing agency;
(2) Forfeiture of any interest in or right to property.
Sec. 3728.01. As used in this chapter:
(A) "Cannabis" means marihuana as defined in section 3719.01
of the Revised Code.
(B) "Cannabis plant" means female individuals of the cannabis
genus or their cultivars.
(C) "Cardholder" means a registered qualifying patient or
registered primary caregiver.
(D) "Debilitating medical condition" means one or more of the
following:
(1) Cancer; glaucoma; positive status for human
immunodeficiency virus; acquired immune deficiency syndrome;
hepatitis C; amyotrophic lateral sclerosis; Crohn's disease;
agitation of Alzheimer's disease; nail patella; multiple
sclerosis; injury or disease to the spinal cord, spinal column, or
vertebra; mylomalacia; celiac disease; or the treatment of these
conditions;
(2) A chronic or debilitating disease or medical condition or
its treatment that produces one or more of the following:
(a) Cachexia or wasting syndrome;
(b) Severe or chronic pain;
(c) Severe or chronic nausea;
(d) Seizures, including those characteristic of epilepsy;
(e) Severe or persistent muscle spasms.
(3) Any other medical condition or its treatment added as a
debilitating medical condition pursuant to section 3728.371 of the
Revised Code.
(E) "Law enforcement officer" has the same meaning as in
section 2901.01 of the Revised Code.
(F) "Licensing agency" means a department, division, board,
section of a board, or other state governmental unit authorized by
the Revised Code to issue a license, certificate, permit, card, or
other authority to engage in a specific profession, occupation, or
occupational activity, or to have charge of and operate certain
specified equipment, machinery, or premises.
(G) "Medical use of cannabis" means the activities authorized
by section 3728.02 of the Revised Code.
(H) "Practitioner" means any of the following:
(1) A dentist licensed under Chapter 4715. of the Revised
Code;
(2) A clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner who holds a certificate to prescribe
issued under section 4723.48 of the Revised Code;
(3) An optometrist licensed under Chapter 4725. of the
Revised Code to practice optometry under a therapeutic
pharmaceutical agents certificate;
(4) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(5) A physician assistant who holds a certificate to
prescribe issued under Chapter 4730. of the Revised Code.
(I) "Primary caregiver" means an individual who has agreed to
assist with a registered qualifying patient's medical use of
cannabis.
(J) "Qualifying patient" means a person who has been
diagnosed by a practitioner acting within the practitioner's scope
of practice as having a debilitating medical condition.
(K) "Registered cultivation sites" are the locations, if any,
at which a cardholder may cultivate cannabis as specified in the
cardholder's application for a registry identification card.
(L) "Registry identification card" means a document issued by
the department of health under section 3728.13 of the Revised Code
that identifies a person as a registered qualifying patient or
registered primary caregiver.
(M) "Registered primary caregiver" means a primary caregiver
who holds a valid registry identification card.
(N) "Registered qualifying patient" means a qualifying
patient who holds a valid registry identification card.
(O) "Usable cannabis" means the dried flowers of the female
cannabis plant and any mixture, tincture, oil, reduction,
compound, or preparation thereof. "Usable cannabis" does not
include the leaves, seeds, stalks, or roots of the female cannabis
plant.
(P) "Visiting qualifying patient" means a qualifying patient
who is not a resident of this state or who has been a resident of
this state for less than thirty days.
(Q) "Written certification" means a document signed by a
practitioner under section 3728.08 of the Revised Code stating
that in the practitioner's professional opinion and scope of
practice a patient is likely to receive therapeutic or palliative
benefit from the medical use of cannabis.
Sec. 3728.02. (A) Subject to division (B) of this section, a
registered qualifying patient may do any of the following to treat
or alleviate the registered qualifying patient's debilitating
medical condition or symptoms associated with the patient's
debilitating medical condition:
(1) Acquire, possess, transport, and use cannabis and
paraphernalia relating to the administration of cannabis.
(2) Cultivate cannabis at the registered qualifying patient's
registered cultivation sites.
(3) Manufacture paraphernalia relating to the administration
of cannabis.
(B) A registered qualifying patient's possession of a valid
registry identification card does not authorize the patient to do
any of the following:
(1) Except as provided in rules adopted under section
3728.371 of the Revised Code, possess more than two hundred grams
of usable cannabis or more than twelve mature cannabis plants;
(2) Undertake any task under the influence of cannabis, when
doing so would constitute negligence or professional malpractice;
(3) Possess cannabis or otherwise engage in the medical use
of cannabis in a school bus, on the grounds of any preschool or
primary or secondary school, or in any correctional facility;
(4) Smoke cannabis on any form of public transportation or in
any public place;
(5) Subject to division (D) of this section, operate,
navigate, or be in actual physical control of any motor vehicle,
aircraft, or motorboat while impaired;
(6) Transport cannabis into this state from outside this
state.
(C) Neither of the following shall be included for purposes
of determining whether a registered qualified patient possesses
more usable cannabis or mature cannabis plants than permitted by
division (B)(1) of this section or rules adopted under section
3728.371 of the Revised Code:
(1) Immature cannabis plants;
(2) If the usable cannabis is added as an ingredient to food
to be consumed by a registered qualifying patient, the weight of
the other ingredients that are not usable cannabis included in the
food.
(D) A registered qualifying patient shall not be considered
to be impaired solely because of the presence of metabolites or
components of cannabis that appear in insufficient concentration
to cause impairment.
Sec. 3728.03. (A) Subject to division (B) of this section, a
registered primary caregiver may do any of the following to assist
a registered qualifying patient for whom the registered primary
caregiver serves as registered primary caregiver to engage in the
medical use of cannabis:
(1) Acquire, possess, and transport cannabis and
paraphernalia relating to the administration of cannabis.
(2) Cultivate cannabis at the registered primary caregiver's
registered cultivation sites.
(3) Manufacture paraphernalia relating to the administration
of cannabis.
(B) A registered primary caregiver's possession of a valid
registry identification card does not authorize the caregiver to
do any of the following:
(1) Except as provided in rules adopted under section
3728.371 of the Revised Code, possess more than two hundred grams
of usable cannabis or more than twelve mature cannabis plants;
(2) Possess cannabis in a school bus, on the grounds of any
preschool or primary or secondary school, or in any correctional
facility;
(3) Transport cannabis into this state from outside this
state.
(C) Neither of the following shall be included for purposes
of determining whether a registered primary caregiver possesses
more usable cannabis or mature cannabis plants than permitted by
division (B)(1) of this section or rules adopted under section
3728.371 of the Revised Code:
(1) Immature cannabis plants;
(2) If the usable cannabis is added as an ingredient to food
to be consumed by a registered qualifying patient, the weight of
the other ingredients that are not usable cannabis included in the
food.
Sec. 3728.04. A registered primary caregiver may receive
compensation for costs associated with the activities the
caregiver engages in pursuant to section 3728.03 of the Revised
Code.
Sec. 3728.05. No individual under twenty-one years of age
may become a registered primary caregiver.
Sec. 3728.06. A cardholder may deliver, transport, transfer,
or otherwise provide cannabis to another
cardholder if the
transfer does not cause the other cardholder to
possess more
usable cannabis or mature cannabis plants than
permitted by
division (B)(1) of section 3728.02, division (B)(1)
of section
3728.03 of the Revised Code, or rules adopted under
section
3728.371 of the Revised Code.
Sec. 3728.07. Any person may deliver, transport, transfer,
or otherwise provide paraphernalia relating to the administration
of cannabis for free or charge to a cardholder.
Sec. 3728.08. A practitioner may sign a written
certification for a qualifying patient stating that in the
practitioner's professional opinion and scope of practice the
qualifying patient is likely to receive therapeutic or palliative
benefit from the medical use of cannabis. The practitioner may
sign the written certification only in the course of a bona fide
practitioner-patient relationship with the qualifying patient and
after the practitioner has completed a full assessment of the
qualifying patient's medical history. The written certification
shall specify the qualifying patient's debilitating medical
condition.
Sec. 3728.10. A qualifying patient who seeks an initial or
renewed registry identification card shall submit all of the
following to the department of health in accordance with the rules
adopted under section 3728.35 of the Revised Code:
(A) A completed application for the registry identification
card which shall include, at a minimum, all of the following
information:
(1) The name, address, and date of birth of the qualifying
patient, except that no address is required for an applicant who
is homeless;
(2) The name, address, and telephone number of the qualifying
patient's practitioner who signs the written certification for the
qualifying patient;
(3) The address of each location, if any, at which the
qualifying patient will cultivate cannabis once issued a registry
identification card.
(B) The initial or renewal fee, as appropriate, established
in rules adopted under section 3728.35 of the Revised Code;
(C) A written certification for the qualifying patient.
Sec. 3728.11. A primary caregiver who seeks an initial or
renewed registry identification card shall submit all of the
following to the department of health in accordance with the rules
adopted under section 3728.35 of the Revised Code:
(A) A completed application for the registry identification
card which shall include, at a minimum, all of the following
information:
(1) The name, address, and date of birth of the primary
caregiver;
(2) The name, address, and date of birth of each qualifying
patient the primary caregiver seeks to serve as a registered
primary caregiver, except that no address is required for a
qualifying patient who is homeless;
(3) The address of each location, if any, at which the
primary caregiver will cultivate cannabis once issued a registry
identification card.
(B) Evidence satisfactory to the department that the primary
caregiver is at least twenty-one years of age;
(C) The initial or renewal fee, as appropriate, established
in rules adopted under section 3728.35 of the Revised Code.
Sec. 3728.12. (A) The department of health shall verify the
information contained in an application for an initial or renewed
registry identification card under section 3728.10 or 3728.11 of
the Revised Code and, in accordance with Chapter 119. of the
Revised Code, approve or deny the application. Except as provided
in division (B) of this section, the department shall issue the
approval or denial not later than fifteen days after receiving the
application.
(B) If the application is not complete, the department shall
notify the applicant that the application is not complete and that
the applicant has ten days from the date of receiving the notice
to provide a complete application to the department. The
department shall issue the approval or denial not later than
fifteen days after the date the applicant receives the notice.
(C) The department may deny the application if one or more of
the following applies:
(1) The application is not complete;
(2) In the case of an application from a qualifying patient,
the applicant does not submit a written certification for the
qualifying patient with the application;
(3) The department determines that the application or written
certification was purposefully falsified;
(4) The applicant fails to pay the initial or renewal fee, as
appropriate;
(5) In the case of an applicant who is a qualifying patient
under eighteen years of age, either of the following apply:
(a) The applicant's practitioner who signs the written
certification for the qualifying patient has not explained the
potential risks and benefits of the medical use of cannabis to the
applicant and to a parent, guardian, or legal custodian of the
applicant;
(b) The parent, guardian, or legal custodian fails to consent
in writing to all of the following:
(i) Allowing the applicant's medical use of cannabis in
accordance with section 3728.02 of the Revised Code;
(ii) Becoming, and serving as, one of the applicant's
registered primary caregivers;
(iii) Controlling the applicant's acquisition, dosage, and
frequency of the medical use of cannabis.
(D) An applicant whose application is denied may reapply
under section 3728.10 or 3728.11 of the Revised Code, as
appropriate, no earlier than thirty days after the department
issues the denial.
Sec. 3728.13. Not later than five business days after
approving an application under section 3728.12 of the Revised
Code, the department of health shall issue a registry
identification card to the applicant. The registry identification
card shall contain all of the following:
(A) In the case of a registry identification card for a
qualifying patient, the name and date of birth
of the qualifying
patient;
(B) In the case of a registry identification card for a
primary caregiver, both of the following:
(1) The name and date of birth of the primary
caregiver;
(2) The name and date of birth of each
registered qualifying
patient for whom the registered primary
caregiver is to serve as
a registered primary caregiver as
specified in the application
for the registry identification card.
(C) The date of issuance and expiration date of the registry
identification card;
(D) A random identification number that is unique to the
cardholder;
(E) A photograph of the cardholder, if the department
requires one.
Sec. 3728.14. An application for an initial or renewed
registry identification card shall be deemed a valid registry
identification card beginning on the twentieth day after the date
the application is submitted to the department of health if all of
the requirements for approval of the application have been met and
the department does either of the following:
(A) Fails to approve or deny the application within the time
required by section 3728.12 of the Revised Code;
(B) Fails to issue the registry identification card within
the time required by section 3728.13 of the Revised Code.
Sec. 3728.15. If at any time after one hundred forty days
after the effective date of this section the department of health
is not accepting applications from qualifying patients for a
registry identification card for any reason, including due to
failure to adopt rules under section 3728.35 of the Revised Code,
a written certification for the qualifying patient together with a
notarized statement by the qualifying patient of all of the
following shall be deemed a valid registry identification card for
the qualifying patient:
(A) The name, address, and date of birth of the qualifying
patient, except that no address is required if the qualifying
patient is homeless;
(B) The name, address, and telephone number of the qualifying
patient's practitioner who signs the written certification for the
qualifying patient;
(C) The address of each location, if any, at which the
qualifying patient will cultivate cannabis.
Sec. 3728.16. If at any time after one hundred forty days
after the effective date of this section the department of health
is not accepting applications from primary caregivers for a
registry identification card for any reason, including due to
failure to adopt rules under section 3728.35 of the Revised Code,
a notarized statement by the primary caregiver of all of the
following shall be deemed a valid registry identification card for
the primary caregiver:
(A) The name, address, and date of birth of the primary
caregiver;
(B) The name, address, and date of birth of each qualifying
patient the primary caregiver seeks to serve as a registered
primary caregiver, except that no address is required for a
qualifying patient who is homeless;
(C) The address of each location, if any, at which the
primary caregiver will cultivate cannabis.
Sec. 3728.17. A registry identification card shall expire
one year after the date of issuance unless revoked earlier.
Sec. 3728.18. The department may revoke the registry
identification card of a cardholder who does either of the
following:
(A) Delivers, transports, transfers, or otherwise provides
cannabis for free or charge to a person who is not a cardholder;
(B) Fails to comply with a requirement of this chapter.
Sec. 3728.20. A registered qualifying patient who ceases to
have a debilitating medical condition shall notify the department
of health of that fact not later than thirty days after ceasing to
have the debilitating medical condition. Not later than ten days
after receipt of the notice, the department shall revoke the
registered qualifying patient's registry identification card.
Sec. 3728.21. A registered primary caregiver for a
registered qualifying patient who ceases to have a debilitating
medical condition shall notify the department of health of that
fact not later than thirty days after the registered qualifying
patient ceases to have the debilitating medical condition. Not
later than ten days after receipt of the notice, the department
shall revoke the registered primary caregiver's registry
identification card unless the registered primary caregiver serves
as the registered primary caregiver for another registered
qualifying patient who still has a debilitating medical condition.
Sec. 3728.22. A cardholder whose name or address changes
shall notify the department of health of the change not later than
thirty days after the change. The department shall issue a new
registry identification card to the cardholder not later than ten
business days after the date the department receives both of the
following:
(A) The notice from the cardholder;
(B) A ten-dollar fee for the new registry identification
card.
Sec. 3728.25. A cardholder who loses the cardholder's
registry identification card shall notify the department of health
of the loss not later than ten days after the loss. The department
shall issue a replacement registry identification card with a new
random identification number to the cardholder not later than five
business days after the date the department receives both of the
following:
(A) The notice from the cardholder;
(B) A ten-dollar fee for the replacement registry
identification card.
Sec. 3728.26. A cardholder shall maintain cannabis plants in
a room, greenhouse, garden, or other enclosed area that is out of
public view unless either of the following apply:
(A) The plants are being transported because the cardholder
is moving;
(B) The plants are being transported to the cardholder's
property or, in the case of a registered primary caregiver, to the
property of the registered primary caregiver's registered
qualifying patient.
Sec. 3728.27. (A) No employer or licensing agency shall do
any of the following:
(1) Take disciplinary action against a registered qualifying
patient because the patient engages in the medical use of
cannabis;
(2) Take disciplinary action against a registered primary
caregiver because the caregiver engages in an activity authorized
by section 3728.03 of the Revised Code;
(3) Take disciplinary action against a cardholder because the
cardholder engages in an activity authorized by section 3728.06 of
the Revised Code;
(4) Take disciplinary action against a person because the
person engages in an activity authorized by section 3728.07 of the
Revised Code;
(5) Take disciplinary action against a practitioner because
the practitioner engages in an activity authorized by section
3728.08 of the Revised Code;
(6) Take disciplinary action against a person because the
person is in the presence or vicinity of a registered primary
caregiver engaging in the medical use of cannabis;
(7) Take disciplinary action against a person because the
person assists a registered qualifying patient's use or
administration of cannabis, regardless of whether the person is a
registered primary caregiver.
(B) Division (A)(5) of this section does not prohibit a
licensing agency from taking disciplinary action against a
practitioner for failing to properly evaluate a patient's medical
condition or otherwise violating the standard of care for
evaluating medical conditions.
Sec. 3728.28. No school, employer, or landlord may refuse to
enroll, employ, or lease to, or otherwise penalize a person
because of the person's status as a cardholder, unless failing to
do so would put the school, employer, or landlord in violation of
federal law.
Sec. 3728.29. No person shall be denied any parental rights
and responsibilities or visitation with a minor because of the
person's status as a cardholder, unless the person's behavior is
such that it creates an unreasonable danger to the minor that can
be clearly articulated and substantiated.
Sec. 3728.30. Nothing in this chapter shall be construed to
require either of the following:
(A) A government medical assistance program or private health
insurer to reimburse a person for costs associated with the
medical use of cannabis;
(B) An employer to accommodate the use of cannabis in any
workplace or any employee working while impaired, provided that a
registered qualifying patient shall not be considered to be
impaired solely because of the presence of metabolites or
components of cannabis that appear in insufficient concentration
to cause impairment.
Sec. 3728.35. Not later than one hundred twenty days after
the effective date of this section, the director of health shall
adopt rules in accordance with Chapter 119. of the Revised Code
governing the manner in which the department of health shall
consider applications for initial and renewed registry
identification cards. The rules shall establish fees for initial
and renewed registry identification cards. The amount of the fees
shall be on a sliding scale based on family income and shall be
sufficient to generate enough revenues to offset all expenses of
implementing and administering this chapter. The department may
accept donations from private sources in order to reduce the fees.
Sec. 3728.36. If the director of health fails to adopt rules
under section 3728.35 of the Revised Code within one hundred
twenty days of the effective date of this section, a qualifying
patient or primary caregiver may commence a mandamus action in the
Franklin county court of appeals to compel the director to adopt
the rules.
Sec. 3728.37. (A) There is hereby established the medical
cannabis advisory council. The council shall consist of all of the
following members appointed by the governor:
(1) Four physicians who are certified by a national
organization recognized by the state medical board as specializing
in family medicine or an area that focuses on pain management or
clinical oncology;
(2) Three registered qualifying patients.
(B) The state medical board shall provide the governor with a
list of physicians eligible for appointment to the medical
cannabis advisory council each time the governor is to appoint a
physician to the council.
(C) Members of the medical cannabis advisory council shall
serve two-year terms. Each member shall hold office from the date
of the member's appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies
shall be filled in the manner provided for original appointments.
Any member appointed to fill a vacancy occurring before the
expiration date of the term for which the member's predecessor was
appointed shall hold office as a member for the remainder of that
term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first.
(D) Members of the medical cannabis advisory council shall
not receive compensation for their service on the council but
shall be reimbursed for their actual and necessary expenses
incurred in the performance of their service on the council.
(E) The medical cannabis advisory council shall select one of
the members of the council to serve as chairperson of the council.
(F) The chairperson of the medical cannabis advisory council
shall call the council to meet at least quarterly and at other
times as necessary.
(G) The department of health shall provide the medical
cannabis advisory council with support services as necessary for
the council to perform its duties, including providing the council
with a place to meet.
Sec. 3728.371. (A) The medical cannabis advisory council
shall, in accordance with rules adopted under section 3728.372 of
the Revised Code, accept and consider petitions from the public to
do either or both of the following:
(1) Add medical conditions to the list of debilitating
medical conditions included in the definition of debilitating
medical conditions in section 3728.01 of the Revised Code;
(2) Increase, for the purpose of division (B)(1) of section
3728.02 of the Revised Code and division (B)(1) of section 3728.03
of the Revised Code, the number of grams of medical cannabis and
the number of mature cannabis plants a cardholder may possess.
(B) After consideration of a petition filed under this
section, the council shall provide the director of health the
council's recommendation on whether the petition should be
approved or denied. The director shall approve or deny the
petition not later than thirty days after receiving the council's
recommendation and shall provide written notice of the director's
decision to the petitioner by certified mail, return receipt
requested. If the director denies a petition in whole or in part,
the petitioner may appeal the director's decision to the court of
common pleas of Franklin county by filing a notice of appeal with
the director setting forth the decision appealed from and the
grounds of the appeal. The petitioner shall also file a copy of
the notice of appeal with the court. The petitioner shall file the
notice of appeal within fifteen days after the mailing of the
notice of the director's decision. The court shall order that the
petition be approved if it finds that the petitioner presented the
director with substantial evidence that the medical conditions
requested to be added to the list of debilitating medical
conditions should be added or that the number of grams of medical
cannabis and the number of mature cannabis plants a cardholder may
possess should be increased. If the director approves the petition
or is ordered by a court to approve the petition, the director
shall adopt rules in accordance with Chapter 119. of the Revised
Code to implement the petition.
Sec. 3728.372. The medical cannabis advisory council shall
adopt rules in accordance with Chapter 119. of the Revised Code
governing the manner in which the council shall accept and
consider petitions from the public under section 3728.371 of the
Revised Code. The rules shall provide for public notice of, and an
opportunity to comment in a public hearing upon, such petitions.
Sec. 3728.373. Sections 101.82 to 101.87 of the Revised Code
do not apply to the medical cannabis advisory council.
Sec. 3728.38. (A) There is hereby established the cannabis
cultivation advisory council. The council shall consist of the
following members appointed by the governor:
(1) Four representatives of the department of agriculture who
are knowledgeable about botany;
(B) Members of the cannabis cultivation advisory council
shall serve two-year terms. Each member shall hold office from the
date of the member's appointment until the end of the term for
which the member was appointed. Members may be reappointed.
Vacancies shall be filled in the manner provided for original
appointments. Any member appointed to fill a vacancy occurring
before the expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first.
(C) Members of the cannabis cultivation advisory council
shall not receive compensation for their service on the council
but shall be reimbursed for their actual and necessary expenses
incurred in the performance of their service on the council.
(D) The cannabis cultivation advisory council shall select
one of the members of the council to serve as chairperson of the
council.
(E) The chairperson of the cannabis cultivation advisory
council shall call the council to meet at least quarterly and at
other times as necessary.
(F) The department of agriculture shall provide the cannabis
cultivation advisory council with support services as necessary
for the council to perform its duties, including providing the
council with a place to meet.
Sec. 3728.381. The cannabis cultivation advisory council
shall provide cardholders sound advice and recommendations on the
best practices for the safe and efficient cultivation of cannabis.
Sec. 3728.382. Sections 101.82 to 101.87 of the Revised Code
do not apply to the cannabis cultivation advisory council.
Sec. 3728.40. The department of health shall maintain a list
of the persons to whom the department has issued registry
identification cards. All identifying information on the list is
confidential and not subject to disclosure, except to authorized
employees of the department as necessary to perform the
department's official duties or as authorized by sections 3728.42
and 3728.43 of the Revised Code.
Sec. 3728.41. No person or government entity shall disclose
any information contained in an application for an initial or
renewed registry identification card, a written certification
submitted with such an application, or a registry identification
card except as necessary in the administration of this chapter or
as authorized by sections 3728.42 and 3728.43 of the Revised Code.
Sec. 3728.42. An employee of the department of health may
notify a law enforcement officer about falsified or fraudulent
information submitted to the department in an application for an
initial or renewed registry identification card or a written
certification submitted with such an application if the employee
first confers with his or her supervisor or at least one other
employee of the department and both agree that circumstances exist
that warrant notification.
Sec. 3728.43. The department of health shall operate a
system under which law enforcement officers contact the department
to verify whether a person is a cardholder and whether the address
of a location at which cannabis is being cultivated is a
cardholder's registered cultivation site. The system shall be
available for use by law enforcement officers twenty-four hours
each day. A law enforcement officer shall utilize the system to
verify the status of an individual or address before initiating an
arrest, raid, or other law enforcement action concerning cannabis.
If the person is a cardholder or the address of a location at
which cannabis is being cultivated is a cardholder's registered
cultivation site, no further action may be initiated except on
issuance of a warrant.
Sec. 3728.45. (A) The department of health shall submit to
the general assembly an annual report that contains, at a minimum,
all of the following information for the previous year:
(1) The number of applications that were submitted to the
department for initial and renewed registry identification cards.
(2) The number of such applications that were denied and the
reasons for the denials.
(3) The number of registered qualifying patients and
registered primary caregivers in each county.
(4) The nature of the debilitating medical conditions of the
registered qualifying patients.
(5) The number of registry identification cards revoked.
(6) The number of practitioners providing written
certifications for qualifying patients.
(B) The report the department submits to the general assembly
under this section shall not disclose any identifying information
about qualifying patients, primary caregivers, or practitioners.
Sec. 3728.47. A valid document issued to a visiting
qualifying patient under the laws of another state, district,
territory, commonwealth, or insular possession of the United
States that is the equivalent to a registry identification card
shall have the same force and effect as a registry identification
card issued to a registered qualifying patient.
Sec. 3728.99. Whoever violates section 3728.41 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 3781.32. (A) Any connections or tie-ins to existing
utility services within a public right-of-way shall comply with
permit requirements of the public agency that has jurisdiction
over that right-of-way.
(B) A developer shall not require, as a condition for
entering into a contract for a project that will require
excavation, that responsibility for performance of duties imposed
under sections 3781.25 to 3781.32 of the Revised Code shall be
assumed by a person other than the person on whom those duties
are
imposed under those sections. This division does not
prohibit a
utility from entering into any contract for the
performance of
duties that are imposed on a utility under those
sections.
(C) Nothing in sections 3728.25 3781.25 to 3728.32 3781.32 of
the Revised
Code shall be construed to require a utility to
relocate its
underground utility facilities located at an
excavation site.
Section 2. That existing sections 2925.02, 2925.03, 2925.04,
2925.11, 2925.14, and 3781.32 of the Revised Code are hereby
repealed.
Section 3. The Governor shall make the initial appointments
to the Medical Cannabis Advisory Council established under section
3728.37 of the Revised Code not later than one hundred twenty days
after the effective date of this section. Notwithstanding division
(A)(2) of section 3728.37 of the Revised Code, the initial members
who are to be registered qualifying patients shall be instead
persons who suffer from a debilitating medical condition as
defined in section 3728.01 of the Revised Code and are nominated
to the Council by the Ohio Patient Action Network.
Section 4. The Governor shall make the initial appointments
to the Cannabis Cultivation Advisory Council established under
section 3728.38 of the Revised Code not later than one hundred
twenty days after the effective date of this section.
Notwithstanding division (A)(2) of section 3728.38 of the Revised
Code, the initial members who are to be cardholders shall be
instead persons who suffer from a debilitating medical condition
as defined in section 3728.01 of the Revised Code or are the
primary caregivers of such persons and are nominated to the
Council by the Ohio Patient Action Network.
|
|