The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 544 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Ruhl, Burke
Cosponsors:
Representatives Boose, Adams, J., Domenick, Derickson, Grossman, Harris, McClain, Chandler, Maag, Amstutz, Blair, Evans, Brown
A BILL
To amend sections 2925.02, 2925.03, 2925.11, and
3719.41 of the Revised Code to add synthetic
cannabinoids commonly known as K2 or Spice to the
list of Schedule I controlled substances, prohibit
the possession of Spice, prohibit trafficking in
Spice, and provide that if Spice is the drug
involved in a violation of the offense of
corrupting another with drugs the penalty for the
violation will be the same as if marihuana was the
drug involved in the offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.02, 2925.03, 2925.11, and
3719.41 of the Revised Code be amended 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) 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.
(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,
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, and
(6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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, 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole, or (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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, 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole, or (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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,
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or
(6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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, 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole, and (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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.
(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,
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,
(6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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.
(8) If the drug involved in the violation is
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or
(6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol or a compound, mixture,
preparation, or substance containing
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or
(6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, whoever violates division (A) of
this section is guilty of trafficking in spice. The penalty for
the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(8)(b) of
this section, trafficking in spice is a felony of the fifth
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.
(b) If the offense was committed in the vicinity of a school
or in the vicinity of a juvenile, trafficking in spice 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.
(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.
(I) As used in this section, "drug" includes any substance
that is represented to be a drug.
Sec. 2925.11. (A) No person shall knowingly obtain, possess,
or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized
to prescribe drugs, pharmacists, owners of pharmacies, and other
persons whose conduct was in accordance with Chapters 3719.,
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any person
who is conducting or participating in a research project involving
the use of an anabolic steroid if the project has been approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant
to a lawful prescription issued by a licensed health professional
authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is a compound,
mixture, preparation, or substance included in schedule I or II,
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole, (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, 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 first degree or, if the offender previously has been convicted
of a drug abuse offense, a felony of the fifth degree.
(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.
(8) If the drug involved is 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole, or (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol or a compound, mixture,
preparation, or substance containing
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or
(6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol, whoever violates division (A) of
this section is guilty of possession of spice, a minor
misdemeanor.
(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. 3719.41. Controlled substance schedules I, II, III, IV,
and V are hereby established, which schedules include the
following, subject to amendment pursuant to section 3719.43 or
3719.44 of the Revised Code.
SCHEDULE I
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted under federal drug abuse control
laws, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or
LAAM);
(7) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide);
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(26) Ethylmethylthiambutene;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
(35) 3-methylthiofentanyl
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-
phenylpropanamide);
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(B) Narcotics-opium derivatives
Any of the following opium derivatives, including their
salts, isomers, and salts of isomers, unless specifically excepted
under federal drug abuse control laws, whenever the existence of
these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(2) Acetyldihydrocodeine;
(4) Codeine methylbromide;
(10) Etorphine (except hydrochloride salt);
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
Any material, compound, mixture, or preparation that contains
any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers, unless specifically
excepted under federal drug abuse control laws, whenever the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the
purposes of this division only, "isomer" includes the optical
isomers, position isomers, and geometric isomers.
(1) Alpha-ethyltryptamine (some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl) indole; alpha-ET; and AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;
4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB; 2C-B, Nexus);
(4) 2,5-dimethoxyamphetamine (some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other
names: DOET);
(6) 4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"
and "STP");
(9) 3,4-methylenedioxy amphetamine;
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and
N-hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine (some trade or other names:
3-(beta-dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine);
(15) Diethyltryptamine (some trade or other names: N,
N-diethyltryptamine; DET);
(16) Dimethyltryptamine (some trade or other names: DMT);
(17) Ibogaine (some trade or other names:
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);
(18) Lysergic acid diethylamide;
(21) Parahexyl (some trade or other names: 3-hexyl-1-
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl);
(22) Peyote (meaning all parts of the plant presently
classified botanically as "Lophophora williamsii Lemaire," whether
growing or not, the seeds of that plant, any extract from any part
of that plant, and every compound, manufacture, salts, derivative,
mixture, or preparation of that plant, its seeds, or its
extracts);
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(27) Tetrahydrocannabinols (synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological
activity such as the following: delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers; delta-6-cis or
trans tetrahydrocannabinol, and their optical isomers;
delta-3,4-cis or trans tetrahydrocannabinol, and its optical
isomers. (Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions, are
covered.));
(28) Ethylamine analog of phencyclidine (some trade or other
names: N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE);
(29) Pyrrolidine analog of phencyclidine (some trade or other
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);
(30) Thiophene analog of phencyclidine (some trade or other
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog
of phencyclidine; TPCP; TCP);
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other
names: JWH-018);
(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other
names: JWH-073);
(37) (6aR,10aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –
tetrahydrobenzo[c]chromen-1-ol (some trade or other names:
HU-210).
Any material, compound, mixture, or preparation that contains
any quantity of the following substances having a depressant
effect on the central nervous system, including their salts,
isomers, and salts of isomers, unless specifically excepted under
federal drug abuse control laws, whenever the existence of these
salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(1) Aminorex (some other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names:
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
2-aminopropiophenone, and norephedrone);
(4) Methcathinone (some other names:
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;
2-methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and
UR1432, its salts, optical isomers, and salts of optical isomers;
(5) (+/-)cis-4-methylaminorex
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(7) N,N-dimethylamphetamine (also known as
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine).
SCHEDULE II
(A) Narcotics-opium and opium derivatives
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction
from substances of vegetable origin, independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine,
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but
including the following:
(c) Opium fluid extracts;
(i) Etorphine hydrochloride;
(2) Any salt, compound, derivative, or preparation thereof
that is chemically equivalent to or identical with any of the
substances referred to in division (A)(1) of this schedule, except
that these substances shall not include the isoquinoline alkaloids
of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine, their
salts, isomers, and derivatives, and salts of those isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof that is chemically equivalent to or identical with any of
these substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form that contains the
phenanthrene alkaloids of the opium poppy).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of these
isomers, esters, ethers, and salts is possible within the specific
chemical designation, but excluding dextrorphan and
levopropoxyphene:
(5) Bulk dextropropoxyphene (non-dosage forms);
(11) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);
(16) Methadone-intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, its optical isomers, and salts of
its optical isomers;
(2) Methamphetamine, its salts, its isomers, and salts of its
isomers;
(4) Phenmetrazine and its salts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(2) Gamma-hydroxy-butyrate;
(5) Phencyclidine (some trade or other names:
1-(1-phenylcyclohexyl)piperidine; PCP);
(7) 1-aminophenylcyclohexane and all N-mono-substituted
and/or all N-N-disubstituted analogs including, but not limited
to, the following:
(a) 1-phenylcyclohexylamine;
(b) (1-phenylcyclohexyl) methylamine;
(c) (1-phenylcyclohexyl) dimethylamine;
(d) (1-phenylcyclohexyl) methylethylamine;
(e) (1-phenylcyclohexyl) isopropylamine;
(f) 1-(1-phenylcyclohexyl) morpholine.
(E) Hallucinogenic substances
(1) Nabilone (another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(a) Phenylacetone (some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone);
(2) Immediate precursors to phencyclidine (PCP):
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) All stimulant compounds, mixtures, and preparations
included in schedule III pursuant to the federal drug abuse
control laws and regulations adopted under those laws;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs, and one or more other active medicinal ingredients
that are not listed in any schedule;
(2) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs and
approved by the food and drug administration for marketing only as
a suppository;
(3) Any substance that contains any quantity of a derivative
of barbituric acid or any salt of a derivative of barbituric acid;
(5) Ketamine, its salts, isomers, and salts of isomers (some
other names for ketamine:
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(9) Sulfondiethylmethane;
(12) Tiletamine, zolazepam, or any salt of tiletamine or
zolazepam (some trade or other names for a tiletamine-zolazepam
combination product: Telazol); (some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;
flupyrazapon).
(D) Narcotics-narcotic preparations
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, esters, isomers, and
salts of esters and isomers, whenever the existence of these
salts, esters, and isomers is possible within the specific
chemical designation:
(1) Anabolic steroids. Except as otherwise provided in
division (E)(1) of schedule III, "anabolic steroids" means any
drug or hormonal substance that is chemically and
pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) and that promotes muscle growth.
"Anabolic steroids" does not include an anabolic steroid that is
expressly intended for administration through implants to cattle
or other nonhuman species and that has been approved by the United
States secretary of health and human services for that
administration, unless a person prescribes, dispenses, or
distributes this type of anabolic steroid for human use. "Anabolic
steroid" includes, but is not limited to, the following:
(b) Chlorotestosterone (4-chlortestosterone);
(d) Dehydrochlormethyltestosterone;
(e) Dihydrotestosterone (4-dihydrotestosterone);
(i) Formebulone (formebolone);
(bb) Any salt, ester, isomer, or salt of an ester or isomer
of a drug or hormonal substance described or listed in division
(E)(1) of schedule III if the salt, ester, or isomer promotes
muscle growth.
(F) Hallucinogenic substances
(1) Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a United States food and drug
administration approved drug product (some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
Unless specifically excepted by federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than one milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane)[final dosage forms].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(32) Methylphenobarbital (mephobarbital);
Any material, compound, mixture, or preparation that contains
any quantity of the following substances, including their salts,
their optical isomers, position isomers, or geometric isomers, and
salts of these isomers, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(8) Pemoline (including organometallic complexes and chelates
thereof);
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts:
(2) Butorphanol (including its optical isomers).
SCHEDULE V
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, and their salts, as set forth below:
(B) Narcotics-narcotic preparations
Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or preparation that contains
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, and that includes one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
Unless specifically exempted or excluded under federal drug
abuse control laws or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers, and
salts of isomers:
(1) Ephedrine, except as provided in division (K) of section
3719.44 of the Revised Code;
Section 2. That existing sections 2925.02, 2925.03, 2925.11,
and 3719.41 of the Revised Code are hereby repealed.
|
|