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S. B. No. 314 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Goodman, Fedor, Miller, R., Patton, Smith, Sawyer, Stewart
A BILL
To amend sections 2925.02, 2925.03, 2925.11, 2925.12,
2925.14, 2925.23, 2925.36, 3719.06, 3719.81,
4729.01, 4729.51, and 4732.01 and to enact
sections 4732.29, 4732.291, 4732.292, 4732.293,
5120.052, and 5120.053 of the Revised Code to
authorize the Director of Rehabilitation and
Correction to implement a program to improve
prisoners' access to psychotropic drugs and a
program authorizing the provision of medical and
behavioral health care to prisoners through
telecommunication methods.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.02, 2925.03, 2925.11, 2925.12,
2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4729.01, 4729.51, and
4732.01 be amended and sections 4732.29, 4732.291, 4732.292,
4732.293, 5120.052, and 5120.053 of the Revised Code be enacted to
read as follows:
Sec. 2925.02. (A) No person shall knowingly do any of the
following:
(1) By force, threat, or deception, administer to another or
induce or cause another to use a controlled substance;
(2) By any means, administer or furnish to another or induce
or cause another to use a controlled substance with purpose to
cause serious physical harm to the other person, or with purpose
to cause the other person to become drug dependent;
(3) By any means, administer or furnish to another or induce
or cause another to use a controlled substance, and thereby cause
serious physical harm to the other person, or cause the other
person to become drug dependent;
(4) By any means, do any of the following:
(a) Furnish or administer a controlled substance to a
juvenile who is at least two years the offender's junior, when the
offender knows the age of the juvenile or is reckless in that
regard;
(b) Induce or cause a juvenile who is at least two years the
offender's junior to use a controlled substance, when the offender
knows the age of the juvenile or is reckless in that regard;
(c) Induce or cause a juvenile who is at least two years the
offender's junior to commit a felony drug abuse offense, when the
offender knows the age of the juvenile or is reckless in that
regard;
(d) Use a juvenile, whether or not the offender knows the age
of the juvenile, to perform any surveillance activity that is
intended to prevent the detection of the offender or any other
person in the commission of a felony drug abuse offense or to
prevent the arrest of the offender or any other person for the
commission of a felony drug abuse offense.
(B) 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 or section 5120.052 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting
another with drugs. The penalty for the offense shall be
determined as follows:
(1) Except as otherwise provided in this division, if the
drug involved is any compound, mixture, preparation, or substance
included in schedule I or II, with the exception of marihuana,
corrupting another with drugs is a felony of the second degree,
and, subject to division (E) of this section, the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree. If the drug involved
is any compound, mixture, preparation, or substance included in
schedule I or II, with the exception of marihuana, and if the
offense was committed in the vicinity of a school, corrupting
another with drugs is a felony of the first degree, and, subject
to division (E) of this section, the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(2) Except as otherwise provided in this division, if the
drug involved is any compound, mixture, preparation, or substance
included in schedule III, IV, or V, corrupting another with drugs
is a felony of the second degree, and there is a presumption for a
prison term for the offense. If the drug involved is any compound,
mixture, preparation, or substance included in schedule III, IV,
or V and if the offense was committed in the vicinity of a school,
corrupting another with drugs is a felony of the second degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree.
(3) Except as otherwise provided in this division, if the
drug involved is marihuana, corrupting another with drugs is a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on the offender. If the drug involved is marihuana and
if the offense was committed in the vicinity of a school,
corrupting another with drugs is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(D) In addition to any prison term authorized or required by
division (C) or (E) of this section and sections 2929.13 and
2929.14 of the Revised Code and in addition to any other sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender
who is convicted of or pleads guilty to a violation of division
(A) of this section or the clerk of that court shall do all of the
following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, or
third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of
section 2929.18 of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, any mandatory fine imposed pursuant to
division (D)(1)(a) of this section and any fine imposed for a
violation of this section pursuant to division (A) of section
2929.18 of the Revised Code shall be paid by the clerk of the
court in accordance with and subject to the requirements of, and
shall be used as specified in, division (F) of section 2925.03 of
the Revised Code.
(c) If a person is charged with any violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the forfeited bail shall be paid by
the clerk of the court pursuant to division (D)(1)(b) of this
section as if it were a fine imposed for a violation of this
section.
(2) The court shall suspend for not less than six months nor
more than five years the offender's driver's or commercial
driver's license or permit. If an offender's driver's or
commercial driver's license or permit is suspended pursuant to
this division, the offender, at any time after the expiration of
two years from the day on which the offender's sentence was
imposed or from the day on which the offender finally was released
from a prison term under the sentence, whichever is later, may
file a motion with the sentencing court requesting termination of
the suspension. Upon the filing of the motion and the court's
finding of good cause for the termination, the court may terminate
the suspension.
(3) If the offender is a professionally licensed person, in
addition to any other sanction imposed for a violation of this
section, the court immediately shall comply with section 2925.38
of the Revised Code.
(E) Notwithstanding the prison term otherwise authorized or
required for the offense under division (C) of this section and
sections 2929.13 and 2929.14 of the Revised Code, if the violation
of division (A) of this section involves the sale, offer to sell,
or possession of a schedule I or II controlled substance, with the
exception of marihuana, and if the court imposing sentence upon
the offender finds that the offender as a result of the violation
is a major drug offender and is guilty of a specification of the
type described in section 2941.1410 of the Revised Code, the
court, in lieu of the prison term that otherwise is authorized or
required, shall impose upon the offender the mandatory prison term
specified in division (D)(3)(a) of section 2929.14 of the Revised
Code and may impose an additional prison term under division
(D)(3)(b) of that section.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance, when the
offender knows or has reasonable cause to believe that the
controlled substance is intended for sale or resale by the
offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized
to prescribe drugs, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719., 4715.,
4723., 4729., 4730., 4731., and 4741. of the Revised Code or
section 5120.052 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, cocaine, L.S.D.,
heroin, and hashish, whoever violates division (A) of this section
is guilty of aggravated trafficking in drugs. The penalty for the
offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), (c),
(d), (e), or (f) of this section, aggravated trafficking in drugs
is a felony of the fourth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(1)(c), (d),
(e), or (f) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds the bulk amount but
is less than five times the bulk amount, aggravated trafficking in
drugs is a felony of the third degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for
a felony of the third degree. If the amount of the drug involved
is within that range and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five times the bulk
amount but is less than fifty times the bulk amount, aggravated
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree. If the amount
of the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, aggravated trafficking in drugs is a felony of the first
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the first degree.
(e) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one hundred times the
bulk amount and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
aggravated trafficking in drugs is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds one
hundred times the bulk amount and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, aggravated trafficking in drugs is a
felony of the first degree, the offender is a major drug offender,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional prison term prescribed for a major drug
offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule III, IV,
or V, whoever violates division (A) of this section is guilty of
trafficking in drugs. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), (c),
(d), or (e) of this section, trafficking in drugs is a felony of
the fifth degree, and division (C) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), (d),
or (e) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking
in drugs is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds the bulk amount but
is less than five times the bulk amount, trafficking in drugs is a
felony of the fourth degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in drugs
is a felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five times the bulk
amount but is less than fifty times the bulk amount, trafficking
in drugs is a felony of the third degree, and there is a
presumption for a prison term for the offense. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in drugs is a felony of the second degree,
and there is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty times the bulk
amount, trafficking in drugs is a felony of the second degree, and
the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds fifty times the bulk
amount and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is a
felony of the first degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(3) If the drug involved in the violation is marihuana or a
compound, mixture, preparation, or substance containing marihuana
other than hashish, whoever violates division (A) of this section
is guilty of trafficking in marihuana. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in marihuana is
a felony of the fifth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on the offender.
(b) Except as otherwise provided in division (C)(3)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two hundred grams
but is less than one thousand grams, trafficking in marihuana is a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on the offender. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the third degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one thousand grams
but is less than five thousand grams, trafficking in marihuana is
a felony of the third degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on the offender. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the second degree, and there is a
presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five thousand grams
but is less than twenty thousand grams, trafficking in marihuana
is a felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense. If the amount of the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in marihuana is a felony of the second
degree, and there is a presumption that a prison term shall be
imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds twenty thousand
grams, trafficking in marihuana is a felony of the second degree,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the second degree. If the
amount of the drug involved equals or exceeds twenty thousand
grams and if the offense was committed in the vicinity of a school
or in the vicinity of a juvenile, trafficking in marihuana is a
felony of the first degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree.
(g) Except as otherwise provided in this division, if the
offense involves a gift of twenty grams or less of marihuana,
trafficking in marihuana is a minor misdemeanor upon a first
offense and a misdemeanor of the third degree upon a subsequent
offense. If the offense involves a gift of twenty grams or less of
marihuana and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in marihuana
is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a
compound, mixture, preparation, or substance containing cocaine,
whoever violates division (A) of this section is guilty of
trafficking in cocaine. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in cocaine is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(4)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in cocaine is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds five grams but is
less than ten grams of cocaine that is not crack cocaine or equals
or exceeds one gram but is less than five grams of crack cocaine,
trafficking in cocaine is a felony of the fourth degree, and there
is a presumption for a prison term for the offense. If the amount
of the drug involved is within one of those ranges and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in cocaine is a felony of the
third degree, and there is a presumption for a prison term for the
offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten grams but is
less than one hundred grams of cocaine that is not crack cocaine
or equals or exceeds five grams but is less than ten grams of
crack cocaine, trafficking in cocaine is a felony of the third
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the third degree.
If the amount of the drug involved is within one of those ranges
and if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
second degree.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one hundred grams
but is less than five hundred grams of cocaine that is not crack
cocaine or equals or exceeds ten grams but is less than
twenty-five grams of crack cocaine, trafficking in cocaine is a
felony of the second degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree. If the amount of the drug involved is
within one of those ranges and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking
in cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds five
hundred grams but is less than one thousand grams of cocaine that
is not crack cocaine or equals or exceeds twenty-five grams but is
less than one hundred grams of crack cocaine and regardless of
whether the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
first degree.
(g) If the amount of the drug involved equals or exceeds one
thousand grams of cocaine that is not crack cocaine or equals or
exceeds one hundred grams of crack cocaine and regardless of
whether the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in cocaine is a felony
of the first degree, the offender is a major drug offender, and
the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is L.S.D. or a
compound, mixture, preparation, or substance containing L.S.D.,
whoever violates division (A) of this section is guilty of
trafficking in L.S.D. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in L.S.D. is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten unit doses but
is less than fifty unit doses of L.S.D. in a solid form or equals
or exceeds one gram but is less than five grams of L.S.D. in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in L.S.D. is a felony of the fourth degree, and there
is a presumption for a prison term for the offense. If the amount
of the drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in L.S.D. is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty unit doses but
is less than two hundred fifty unit doses of L.S.D. in a solid
form or equals or exceeds five grams but is less than twenty-five
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in L.S.D. is a felony of the third
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the third degree.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in L.S.D. is a felony of the
second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the second
degree.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two hundred fifty
unit doses but is less than one thousand unit doses of L.S.D. in a
solid form or equals or exceeds twenty-five grams but is less than
one hundred grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form, trafficking in L.S.D. is a
felony of the second degree, and the court shall impose as a
mandatory prison term one of the prison terms prescribed for a
felony of the second degree. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
L.S.D. is a felony of the first degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for
a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds one
thousand unit doses but is less than five thousand unit doses of
L.S.D. in a solid form or equals or exceeds one hundred grams but
is less than five hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form and regardless of
whether the offense was committed in the vicinity of a school or
in the vicinity of a juvenile, trafficking in L.S.D. is a felony
of the first degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
first degree.
(g) If the amount of the drug involved equals or exceeds five
thousand unit doses of L.S.D. in a solid form or equals or exceeds
five hundred grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form and regardless of whether the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in L.S.D. is a felony of the
first degree, the offender is a major drug offender, and the court
shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree and may impose an
additional mandatory prison term prescribed for a major drug
offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound, mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty of
trafficking in heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(6)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in heroin is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(6)(c), (d),
(e), (f), or (g) of this section, if the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in heroin is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten unit doses but
is less than fifty unit doses or equals or exceeds one gram but is
less than five grams, trafficking in heroin is a felony of the
fourth degree, and there is a presumption for a prison term for
the offense. If the amount of the drug involved is within that
range and if the offense was committed in the vicinity of a school
or in the vicinity of a juvenile, trafficking in heroin is a
felony of the third degree, and there is a presumption for a
prison term for the offense.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty unit doses but
is less than one hundred unit doses or equals or exceeds five
grams but is less than ten grams, trafficking in heroin is a
felony of the third degree, and there is a presumption for a
prison term for the offense. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
heroin is a felony of the second degree, and there is a
presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one hundred unit
doses but is less than five hundred unit doses or equals or
exceeds ten grams but is less than fifty grams, trafficking in
heroin is a felony of the second degree, and the court shall
impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree. If the amount of the
drug involved is within that range and if the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in heroin is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds five
hundred unit doses but is less than two thousand five hundred unit
doses or equals or exceeds fifty grams but is less than two
hundred fifty grams and regardless of whether the offense was
committed in the vicinity of a school or in the vicinity of a
juvenile, trafficking in heroin is a felony of the first degree,
and the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds two
thousand five hundred unit doses or equals or exceeds two hundred
fifty grams and regardless of whether the offense was committed in
the vicinity of a school or in the vicinity of a juvenile,
trafficking in heroin is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the first degree and may impose an additional mandatory
prison term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code.
(7) If the drug involved in the violation is hashish or a
compound, mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty of
trafficking in hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(7)(b), (c),
(d), (e), or (f) of this section, trafficking in hashish is a
felony of the fifth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), (d),
(e), or (f) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking
in hashish is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds ten grams but is
less than fifty grams of hashish in a solid form or equals or
exceeds two grams but is less than ten grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the
third degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.
(d) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds fifty grams but is
less than two hundred fifty grams of hashish in a solid form or
equals or exceeds ten grams but is less than fifty grams of
hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a felony of the third
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender. If the amount of the drug involved is within that range
and if the offense was committed in the vicinity of a school or in
the vicinity of a juvenile, trafficking in hashish is a felony of
the second degree, and there is a presumption that a prison term
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two hundred fifty
grams but is less than one thousand grams of hashish in a solid
form or equals or exceeds fifty grams but is less than two hundred
grams of hashish in a liquid concentrate, liquid extract, or
liquid distillate form, trafficking in hashish is a felony of the
third degree, and there is a presumption that a prison term shall
be imposed for the offense. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity
of a school or in the vicinity of a juvenile, trafficking in
hashish is a felony of the second degree, and there is a
presumption that a prison term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds one thousand grams
of hashish in a solid form or equals or exceeds two hundred grams
of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, trafficking in hashish is a felony of the second
degree, and the court shall impose as a mandatory prison term the
maximum prison term prescribed for a felony of the second degree.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the
first degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the first
degree.
(D) In addition to any prison term authorized or required by
division (C) of this section and sections 2929.13 and 2929.14 of
the Revised Code, and in addition to any other sanction imposed
for the offense under this section or sections 2929.11 to 2929.18
of the Revised Code, the court that sentences an offender who is
convicted of or pleads guilty to a violation of division (A) of
this section shall do all of the following that are applicable
regarding the offender:
(1) If the violation of division (A) of this section is a
felony of the first, second, or third degree, the court shall
impose upon the offender the mandatory fine specified for the
offense under division (B)(1) of section 2929.18 of the Revised
Code unless, as specified in that division, the court determines
that the offender is indigent. Except as otherwise provided in
division (H)(1) of this section, a mandatory fine or any other
fine imposed for a violation of this section is subject to
division (F) of this section. If a person is charged with a
violation of this section that is a felony of the first, second,
or third degree, posts bail, and forfeits the bail, the clerk of
the court shall pay the forfeited bail pursuant to divisions
(D)(1) and (F) of this section, as if the forfeited bail was a
fine imposed for a violation of this section. If any amount of the
forfeited bail remains after that payment and if a fine is imposed
under division (H)(1) of this section, the clerk of the court
shall pay the remaining amount of the forfeited bail pursuant to
divisions (H)(2) and (3) of this section, as if that remaining
amount was a fine imposed under division (H)(1) of this section.
(2) The court shall suspend the driver's or commercial
driver's license or permit of the offender in accordance with
division (G) of this section.
(3) If the offender is a professionally licensed person, the
court immediately shall comply with section 2925.38 of the Revised
Code.
(E) When a person is charged with the sale of or offer to
sell a bulk amount or a multiple of a bulk amount of a controlled
substance, the jury, or the court trying the accused, shall
determine the amount of the controlled substance involved at the
time of the offense and, if a guilty verdict is returned, shall
return the findings as part of the verdict. In any such case, it
is unnecessary to find and return the exact amount of the
controlled substance involved, and it is sufficient if the finding
and return is to the effect that the amount of the controlled
substance involved is the requisite amount, or that the amount of
the controlled substance involved is less than the requisite
amount.
(F)(1) Notwithstanding any contrary provision of section
3719.21 of the Revised Code and except as provided in division (H)
of this section, the clerk of the court shall pay any mandatory
fine imposed pursuant to division (D)(1) of this section and any
fine other than a mandatory fine that is imposed for a violation
of this section pursuant to division (A) or (B)(5) of section
2929.18 of the Revised Code to the county, township, municipal
corporation, park district, as created pursuant to section 511.18
or 1545.04 of the Revised Code, or state law enforcement agencies
in this state that primarily were responsible for or involved in
making the arrest of, and in prosecuting, the offender. However,
the clerk shall not pay a mandatory fine so imposed to a law
enforcement agency unless the agency has adopted a written
internal control policy under division (F)(2) of this section that
addresses the use of the fine moneys that it receives. Each agency
shall use the mandatory fines so paid to subsidize the agency's
law enforcement efforts that pertain to drug offenses, in
accordance with the written internal control policy adopted by the
recipient agency under division (F)(2) of this section.
(2)(a) Prior to receiving any fine moneys under division
(F)(1) of this section or division (B) of section 2925.42 of the
Revised Code, a law enforcement agency shall adopt a written
internal control policy that addresses the agency's use and
disposition of all fine moneys so received and that provides for
the keeping of detailed financial records of the receipts of those
fine moneys, the general types of expenditures made out of those
fine moneys, and the specific amount of each general type of
expenditure. The policy shall not provide for or permit the
identification of any specific expenditure that is made in an
ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type of
expenditure by an agency are public records open for inspection
under section 149.43 of the Revised Code. Additionally, a written
internal control policy adopted under this division is such a
public record, and the agency that adopted it shall comply with
it.
(b) Each law enforcement agency that receives in any calendar
year any fine moneys under division (F)(1) of this section or
division (B) of section 2925.42 of the Revised Code shall prepare
a report covering the calendar year that cumulates all of the
information contained in all of the public financial records kept
by the agency pursuant to division (F)(2)(a) of this section for
that calendar year, and shall send a copy of the cumulative
report, no later than the first day of March in the calendar year
following the calendar year covered by the report, to the attorney
general. Each report received by the attorney general is a public
record open for inspection under section 149.43 of the Revised
Code. Not later than the fifteenth day of April in the calendar
year in which the reports are received, the attorney general shall
send to the president of the senate and the speaker of the house
of representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from law
enforcement agencies reports of the type described in this
division that cover the previous calendar year and indicates that
the reports were received under this division;
(ii) Indicates that the reports are open for inspection under
section 149.43 of the Revised Code;
(iii) Indicates that the attorney general will provide a copy
of any or all of the reports to the president of the senate or the
speaker of the house of representatives upon request.
(3) As used in division (F) of this section:
(a) "Law enforcement agencies" includes, but is not limited
to, the state board of pharmacy and the office of a prosecutor.
(b) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(G) When required under division (D)(2) of this section or
any other provision of this chapter, the court shall suspend for
not less than six months or more than five years the driver's or
commercial driver's license or permit of any person who is
convicted of or pleads guilty to any violation of this section or
any other specified provision of this chapter. If an offender's
driver's or commercial driver's license or permit is suspended
pursuant to this division, the offender, at any time after the
expiration of two years from the day on which the offender's
sentence was imposed or from the day on which the offender finally
was released from a prison term under the sentence, whichever is
later, may file a motion with the sentencing court requesting
termination of the suspension; upon the filing of such a motion
and the court's finding of good cause for the termination, the
court may terminate the suspension.
(H)(1) In addition to any prison term authorized or required
by division (C) of this section and sections 2929.13 and 2929.14
of the Revised Code, in addition to any other penalty or sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, and in addition to the forfeiture of
property in connection with the offense as prescribed in Chapter
2981. of the Revised Code, the court that sentences an offender
who is convicted of or pleads guilty to a violation of division
(A) of this section may impose upon the offender an additional
fine specified for the offense in division (B)(4) of section
2929.18 of the Revised Code. A fine imposed under division (H)(1)
of this section is not subject to division (F) of this section and
shall be used solely for the support of one or more eligible
alcohol and drug addiction programs in accordance with divisions
(H)(2) and (3) of this section.
(2) The court that imposes a fine under division (H)(1) of
this section shall specify in the judgment that imposes the fine
one or more eligible alcohol and drug addiction programs for the
support of which the fine money is to be used. No alcohol and drug
addiction program shall receive or use money paid or collected in
satisfaction of a fine imposed under division (H)(1) of this
section unless the program is specified in the judgment that
imposes the fine. No alcohol and drug addiction program shall be
specified in the judgment unless the program is an eligible
alcohol and drug addiction program and, except as otherwise
provided in division (H)(2) of this section, unless the program is
located in the county in which the court that imposes the fine is
located or in a county that is immediately contiguous to the
county in which that court is located. If no eligible alcohol and
drug addiction program is located in any of those counties, the
judgment may specify an eligible alcohol and drug addiction
program that is located anywhere within this state.
(3) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of the court shall pay any fine
imposed under division (H)(1) of this section to the eligible
alcohol and drug addiction program specified pursuant to division
(H)(2) of this section in the judgment. The eligible alcohol and
drug addiction program that receives the fine moneys shall use the
moneys only for the alcohol and drug addiction services identified
in the application for certification under section 3793.06 of the
Revised Code or in the application for a license under section
3793.11 of the Revised Code filed with the department of alcohol
and drug addiction services by the alcohol and drug addiction
program specified in the judgment.
(4) Each alcohol and drug addiction program that receives in
a calendar year any fine moneys under division (H)(3) of this
section shall file an annual report covering that calendar year
with the court of common pleas and the board of county
commissioners of the county in which the program is located, with
the court of common pleas and the board of county commissioners of
each county from which the program received the moneys if that
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug
addiction program shall file the report no later than the first
day of March in the calendar year following the calendar year in
which the program received the fine moneys. The report shall
include statistics on the number of persons served by the alcohol
and drug addiction program, identify the types of alcohol and drug
addiction services provided to those persons, and include a
specific accounting of the purposes for which the fine moneys
received were used. No information contained in the report shall
identify, or enable a person to determine the identity of, any
person served by the alcohol and drug addiction program. Each
report received by a court of common pleas, a board of county
commissioners, or the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Alcohol and drug addiction program" and "alcohol and
drug addiction services" have the same meanings as in section
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an
alcohol and drug addiction program that is certified under section
3793.06 of the Revised Code or licensed under section 3793.11 of
the Revised Code by the department of alcohol and drug addiction
services.
(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
or section 5120.052 of the Revised Code;
(2) If the offense involves an anabolic steroid, any person
who is conducting or participating in a research project involving
the use of an anabolic steroid if the project has been approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant
to a lawful prescription issued by a licensed health professional
authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is a compound,
mixture, preparation, or substance included in schedule I or II,
with the exception of marihuana, cocaine, L.S.D., heroin, and
hashish, whoever violates division (A) of this section is guilty
of aggravated possession of drugs. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), (c),
(d), or (e) of this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds the
bulk amount but is less than five times the bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds five
times the bulk amount but is less than fifty times the bulk
amount, aggravated possession of drugs is a felony of the second
degree, and the court shall impose as a mandatory prison term one
of the prison terms prescribed for a felony of the second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount but is less than one hundred times the
bulk amount, aggravated possession of drugs is a felony of the
first degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred times the bulk amount, aggravated possession of drugs is a
felony of the first degree, the offender is a major drug offender,
and the court shall impose as a mandatory prison term the maximum
prison term prescribed for a felony of the first degree and may
impose an additional mandatory prison term prescribed for a major
drug offender under division (D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture, preparation, or substance included in schedule III, IV,
or V, whoever violates division (A) of this section is guilty of
possession of drugs. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), (c),
or (d) of this section, possession of drugs is a misdemeanor of
the 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.
(D) Arrest or conviction for a minor misdemeanor violation of
this section does not constitute a criminal record and need not be
reported by the person so arrested or convicted in response to any
inquiries about the person's criminal record, including any
inquiries contained in any application for employment, license, or
other right or privilege, or made in connection with the person's
appearance as a witness.
(E) In addition to any prison term or jail term authorized or
required by division (C) of this section and sections 2929.13,
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in
addition to any other sanction that is imposed for the offense
under this section, sections 2929.11 to 2929.18, or sections
2929.21 to 2929.28 of the Revised Code, the court that sentences
an offender who is convicted of or pleads guilty to a violation of
division (A) of this section shall do all of the following that
are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, or
third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of
section 2929.18 of the Revised Code unless, as specified in that
division, the court determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of the court shall pay a mandatory
fine or other fine imposed for a violation of this section
pursuant to division (A) of section 2929.18 of the Revised Code in
accordance with and subject to the requirements of division (F) of
section 2925.03 of the Revised Code. The agency that receives the
fine shall use the fine as specified in division (F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section
that is a felony of the first, second, or third degree, posts
bail, and forfeits the bail, the clerk shall pay the forfeited
bail pursuant to division (E)(1)(b) of this section as if it were
a mandatory fine imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or
more than five years the offender's driver's or commercial
driver's license or permit.
(3) If the offender is a professionally licensed person, in
addition to any other sanction imposed for a violation of this
section, the court immediately shall comply with section 2925.38
of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that
gave rise to the charge is in an amount, is in a form, is
prepared, compounded, or mixed with substances that are not
controlled substances in a manner, or is possessed under any other
circumstances, that indicate that the substance was possessed
solely for personal use. Notwithstanding any contrary provision of
this section, if, in accordance with section 2901.05 of the
Revised Code, an accused who is charged with a fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section sustains the burden of going forward with evidence of and
establishes by a preponderance of the evidence the affirmative
defense described in this division, the accused may be prosecuted
for and may plead guilty to or be convicted of a misdemeanor
violation of division (C)(2) of this section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount or
multiple of a bulk amount, division (E) of section 2925.03 of the
Revised Code applies regarding the determination of the amount of
the controlled substance involved at the time of the offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain,
possess, or use any instrument, article, or thing the customary
and primary purpose of which is for the administration or use of a
dangerous drug, other than marihuana, when the instrument involved
is a hypodermic or syringe, whether or not of crude or
extemporized manufacture or assembly, and the instrument, article,
or thing involved has been used by the offender to unlawfully
administer or use a dangerous drug, other than marihuana, or to
prepare a dangerous drug, other than marihuana, for unlawful
administration or use.
(B) This section does not apply to 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 or section 5120.052 of the Revised
Code.
(C) Whoever violates this section is guilty of possessing
drug abuse instruments, a misdemeanor of the second degree. If the
offender previously has been convicted of a drug abuse offense, a
violation of this section is a misdemeanor of the first degree.
(D) In addition to any other sanction imposed upon an
offender for a violation of this section, the court shall suspend
for not less than six months or more than five years the
offender's driver's or commercial driver's license or permit. If
the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the
court immediately shall comply with section 2925.38 of the Revised
Code.
Sec. 2925.14. (A) As used in this section, "drug
paraphernalia" means any equipment, product, or material of any
kind that is used by the offender, intended by the offender for
use, or designed for use, in propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling,
or otherwise introducing into the human body, a controlled
substance in violation of this chapter. "Drug paraphernalia"
includes, but is not limited to, any of the following equipment,
products, or materials that are used by the offender, intended by
the offender for use, or designed by the offender for use, in any
of the following manners:
(1) A kit for propagating, cultivating, growing, or
harvesting any species of a plant that is a controlled substance
or from which a controlled substance can be derived;
(2) A kit for manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance;
(3) Any object, instrument, or device for manufacturing,
compounding, converting, producing, processing, or preparing
methamphetamine;
(4) An isomerization device for increasing the potency of any
species of a plant that is a controlled substance;
(5) Testing equipment for identifying, or analyzing the
strength, effectiveness, or purity of, a controlled substance;
(6) A scale or balance for weighing or measuring a controlled
substance;
(7) A diluent or adulterant, such as quinine hydrochloride,
mannitol, mannite, dextrose, or lactose, for cutting a controlled
substance;
(8) A separation gin or sifter for removing twigs and seeds
from, or otherwise cleaning or refining, marihuana;
(9) A blender, bowl, container, spoon, or mixing device for
compounding a controlled substance;
(10) A capsule, balloon, envelope, or container for packaging
small quantities of a controlled substance;
(11) A container or device for storing or concealing a
controlled substance;
(12) A hypodermic syringe, needle, or instrument for
parenterally injecting a controlled substance into the human body;
(13) An object, instrument, or device for ingesting,
inhaling, or otherwise introducing into the human body, marihuana,
cocaine, hashish, or hashish oil, such as a metal, wooden,
acrylic, glass, stone, plastic, or ceramic pipe, with or without a
screen, permanent screen, hashish head, or punctured metal bowl;
water pipe; carburetion tube or device; smoking or carburetion
mask; roach clip or similar object used to hold burning material,
such as a marihuana cigarette, that has become too small or too
short to be held in the hand; miniature cocaine spoon, or cocaine
vial; chamber pipe; carburetor pipe; electric pipe; air driver
pipe; chillum; bong; or ice pipe or chiller.
(B) In determining if any equipment, product, or material is
drug paraphernalia, a court or law enforcement officer shall
consider, in addition to other relevant factors, the following:
(1) Any statement by the owner, or by anyone in control, of
the equipment, product, or material, concerning its use;
(2) The proximity in time or space of the equipment, product,
or material, or of the act relating to the equipment, product, or
material, to a violation of any provision of this chapter;
(3) The proximity of the equipment, product, or material to
any controlled substance;
(4) The existence of any residue of a controlled substance on
the equipment, product, or material;
(5) Direct or circumstantial evidence of the intent of the
owner, or of anyone in control, of the equipment, product, or
material, to deliver it to any person whom the owner or person in
control of the equipment, product, or material knows intends to
use the object to facilitate a violation of any provision of this
chapter. A finding that the owner, or anyone in control, of the
equipment, product, or material, is not guilty of a violation of
any other provision of this chapter does not prevent a finding
that the equipment, product, or material was intended or designed
by the offender for use as drug paraphernalia.
(6) Any oral or written instruction provided with the
equipment, product, or material concerning its use;
(7) Any descriptive material accompanying the equipment,
product, or material and explaining or depicting its use;
(8) National or local advertising concerning the use of the
equipment, product, or material;
(9) The manner and circumstances in which the equipment,
product, or material is displayed for sale;
(10) Direct or circumstantial evidence of the ratio of the
sales of the equipment, product, or material to the total sales of
the business enterprise;
(11) The existence and scope of legitimate uses of the
equipment, product, or material in the community;
(12) Expert testimony concerning the use of the equipment,
product, or material.
(C)(1) No person shall knowingly use, or possess with purpose
to use, drug paraphernalia.
(2) No person shall knowingly sell, or possess or manufacture
with purpose to sell, drug paraphernalia, if the person knows or
reasonably should know that the equipment, product, or material
will be used as drug paraphernalia.
(3) No person shall place an advertisement in any newspaper,
magazine, handbill, or other publication that is published and
printed and circulates primarily within this state, if the person
knows that the purpose of the advertisement is to promote the
illegal sale in this state of the equipment, product, or material
that the offender intended or designed for use as drug
paraphernalia.
(D) This section does not apply to manufacturers, licensed
health professionals authorized to prescribe drugs, pharmacists,
owners of pharmacies, and other persons whose conduct is in
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,
and 4741. of the Revised Code or section 5120.052 of the Revised
Code. This section shall not be construed to prohibit the
possession or use of a hypodermic as authorized by section
3719.172 of the Revised Code.
(E) Notwithstanding Chapter 2981. of the Revised Code, any
drug paraphernalia that was used, possessed, sold, or manufactured
in a violation of this section shall be seized, after a conviction
for that violation shall be forfeited, and upon forfeiture shall
be disposed of pursuant to division (B) of section 2981.12 of the
Revised Code.
(F)(1) Whoever violates division (C)(1) of this section is
guilty of illegal use or possession of drug paraphernalia, a
misdemeanor of the fourth degree.
(2) Except as provided in division (F)(3) of this section,
whoever violates division (C)(2) of this section is guilty of
dealing in drug paraphernalia, a misdemeanor of the second degree.
(3) Whoever violates division (C)(2) of this section by
selling drug paraphernalia to a juvenile is guilty of selling drug
paraphernalia to juveniles, a misdemeanor of the first degree.
(4) Whoever violates division (C)(3) of this section is
guilty of illegal advertising of drug paraphernalia, a misdemeanor
of the second degree.
(G) In addition to any other sanction imposed upon an
offender for a violation of this section, the court shall suspend
for not less than six months or more than five years the
offender's driver's or commercial driver's license or permit. If
the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the
court immediately shall comply with section 2925.38 of the Revised
Code.
Sec. 2925.23. (A) No person shall knowingly make a false
statement in any prescription, order, report, or record required
by Chapter 3719. or 4729. of the Revised Code.
(B) No person shall intentionally make, utter, or sell, or
knowingly possess any of the following that is a false or forged:
(2) Uncompleted preprinted prescription blank used for
writing a prescription;
(3) Official written order;
(4) License for a terminal distributor of dangerous drugs as
required in section 4729.60 of the Revised Code;
(5) Registration certificate for a wholesale distributor of
dangerous drugs as required in section 4729.60 of the Revised
Code.
(C) No person, by theft as defined in section 2913.02 of the
Revised Code, shall acquire any of the following:
(2) An uncompleted preprinted prescription blank used for
writing a prescription;
(3) An official written order;
(4) A blank official written order;
(5) A license or blank license for a terminal distributor of
dangerous drugs as required in section 4729.60 of the Revised
Code;
(6) A registration certificate or blank registration
certificate for a wholesale distributor of dangerous drugs as
required in section 4729.60 of the Revised Code.
(D) No person shall knowingly make or affix any false or
forged label to a package or receptacle containing any dangerous
drugs.
(E) Divisions (A) and (D) of this section do not apply to
licensed health professionals authorized to prescribe drugs,
pharmacists, owners of pharmacies, and other persons whose conduct
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,
4730., 4731., and 4741. of the Revised Code or section 5120.052 of
the Revised Code.
(F) Whoever violates this section is guilty of illegal
processing of drug documents. If the offender violates division
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this
section, illegal processing of drug documents is a felony of the
fifth degree. If the offender violates division (A), division
(B)(1) or (3), division (C)(1) or (3), or division (D) of this
section, the penalty for illegal processing of drug documents
shall be determined as follows:
(1) If the drug involved is a compound, mixture, preparation,
or substance included in schedule I or II, with the exception of
marihuana, illegal processing of drug documents 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.
(2) If the drug involved is a dangerous drug or a compound,
mixture, preparation, or substance included in schedule III, IV,
or V or is marihuana, illegal processing of drug documents 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.
(G) In addition to any prison term authorized or required by
division (F) 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 any violation of divisions (A) to
(D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months or
more than five years the offender's driver's or commercial
driver's license or permit.
(2) If the offender is a professionally licensed person, in
addition to any other sanction imposed for a violation of this
section, the court immediately shall comply with section 2925.38
of the Revised Code.
(H) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of court shall pay a fine imposed
for a violation of this section pursuant to division (A) of
section 2929.18 of the Revised Code in accordance with and subject
to the requirements of division (F) of section 2925.03 of the
Revised Code. The agency that receives the fine shall use the fine
as specified in division (F) of section 2925.03 of the Revised
Code.
Sec. 2925.36. (A) No person shall knowingly furnish another
a sample drug.
(B) Division (A) of this section does not apply to
manufacturers, wholesalers, pharmacists, owners of pharmacies,
licensed health professionals authorized to prescribe drugs, and
other persons whose conduct is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised
Code or section 5120.052 of the Revised Code.
(C)(1) Whoever violates this section is guilty of illegal
dispensing of drug samples.
(2) If the drug involved in the offense is a compound,
mixture, preparation, or substance included in schedule I or II,
with the exception of marihuana, the penalty for the offense shall
be determined as follows:
(a) Except as otherwise provided in division (C)(2)(b) of
this section, illegal dispensing of drug samples is a felony of
the fifth degree, and, subject to division (E) of this section,
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If the offense was committed in the vicinity of a school
or in the vicinity of a juvenile, illegal dispensing of drug
samples is a felony of the fourth degree, and, subject to division
(E) of this section, division (C) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison
term on the offender.
(3) If the drug involved in the offense is a dangerous drug
or a compound, mixture, preparation, or substance included in
schedule III, IV, or V, or is marihuana, the penalty for the
offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b) of
this section, illegal dispensing of drug samples is a misdemeanor
of the second degree.
(b) If the offense was committed in the vicinity of a school
or in the vicinity of a juvenile, illegal dispensing of drug
samples is a misdemeanor of the first degree.
(D) In addition to any prison term authorized or required by
division (C) or (E) of this section and sections 2929.13 and
2929.14 of the Revised Code and in addition to any other sanction
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender
who is convicted of or pleads guilty to a violation of division
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months or
more than five years the offender's driver's or commercial
driver's license or permit.
(2) If the offender is a professionally licensed person, in
addition to any other sanction imposed for a violation of this
section, the court immediately shall comply with section 2925.38
of the Revised Code.
(E) Notwithstanding the prison term authorized or required by
division (C) of this section and sections 2929.13 and 2929.14 of
the Revised Code, if the violation of division (A) of this section
involves the sale, offer to sell, or possession of a schedule I or
II controlled substance, with the exception of marihuana, and if
the court imposing sentence upon the offender finds that the
offender as a result of the violation is a major drug offender and
is guilty of a specification of the type described in section
2941.1410 of the Revised Code, the court, in lieu of the prison
term otherwise authorized or required, shall impose upon the
offender the mandatory prison term specified in division (D)(3)(a)
of section 2929.14 of the Revised Code and may impose an
additional prison term under division (D)(3)(b) of that section.
(F) Notwithstanding any contrary provision of section 3719.21
of the Revised Code, the clerk of the court shall pay a fine
imposed for a violation of this section pursuant to division (A)
of section 2929.18 of the Revised Code in accordance with and
subject to the requirements of division (F) of section 2925.03 of
the Revised Code. The agency that receives the fine shall use the
fine as specified in division (F) of section 2925.03 of the
Revised Code.
Sec. 3719.06. (A)(1) A licensed health professional
authorized to prescribe drugs, if acting in the course of
professional practice, in accordance with the laws regulating the
professional's practice, and in accordance with rules adopted by
the state board of pharmacy, may, except as provided in division
(A)(2) or, (3), or (4) of this section, do the following:
(a) Prescribe schedule II, III, IV, and V controlled
substances;
(b) Administer or personally furnish to patients schedule II,
III, IV, and V controlled substances;
(c) Cause schedule II, III, IV, and V controlled substances
to be administered under the prescriber's direction and
supervision.
(2) A licensed health professional authorized to prescribe
drugs who is a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner is subject to both of the
following:
(a) A schedule II controlled substance may be prescribed only
for a patient with a terminal condition, as defined in section
2133.01 of the Revised Code, only if the nurse's collaborating
physician initially prescribed the substance for the patient, and
only in an amount that does not exceed the amount necessary for
the patient's use in a single, twenty-four-hour period.
(b) No schedule II controlled substance shall be personally
furnished to any patient.
(3) A licensed health professional authorized to prescribe
drugs who is a physician assistant shall not prescribe or
personally furnish to patients any controlled substance that is
not included in the physician-delegated prescriptive authority
granted to the physician assistant in accordance with Chapter
4730. of the Revised Code.
(4) A licensed health professional authorized to prescribe
drugs who is a licensed psychologist shall not prescribe,
administer, cause to be administered, or personally furnish any
controlled substance other than pursuant to the prescriptive
authority granted to the psychologist by the certificate to
prescribe psychotropic drugs issued under section 4732.29 of the
Revised Code.
(B) No licensed health professional authorized to prescribe
drugs shall prescribe, administer, or personally furnish a
schedule III anabolic steroid for the purpose of human muscle
building or enhancing human athletic performance and no pharmacist
shall dispense a schedule III anabolic steroid for either purpose,
unless it has been approved for that purpose under the "Federal
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.
301, as amended.
(C) Each written prescription shall be properly executed,
dated, and signed by the prescriber on the day when issued and
shall bear the full name and address of the person for whom, or
the owner of the animal for which, the controlled substance is
prescribed and the full name, address, and registry number under
the federal drug abuse control laws of the prescriber. If the
prescription is for an animal, it shall state the species of the
animal for which the controlled substance is prescribed.
Sec. 3719.81. (A) As used in this section, "sample drug" has
the same meaning as in section 2925.01 of the Revised Code.
(B) A person may furnish another a sample drug, if all of the
following apply:
(1) The sample drug is furnished free of charge by a
manufacturer, manufacturer's representative, or wholesale dealer
in pharmaceuticals to a licensed health professional authorized to
prescribe drugs, or is furnished free of charge by such a
professional to a patient for use as medication;
(2) The sample drug is in the original container in which it
was placed by the manufacturer, and the container is plainly
marked as a sample;
(3) Prior to its being furnished, the sample drug has been
stored under the proper conditions to prevent its deterioration or
contamination;
(4) If the sample drug is of a type which deteriorates with
time, the sample container is plainly marked with the date beyond
which the sample drug is unsafe to use, and the date has not
expired on the sample furnished. Compliance with the labeling
requirements of the "Federal Food, Drug, and Cosmetic Act," 52
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, shall be deemed
compliance with this section.
(5) The sample drug is distributed, stored, or discarded in
such a way that the sample drug may not be acquired or used by any
unauthorized person, or by any person, including a child, for whom
it may present a health or safety hazard.
(C) Division (B) of this section does not do any of the
following:
(1) Apply to or restrict the furnishing of any sample of a
nonnarcotic substance if the substance may, under the "Federal
Food, Drug, and Cosmetic Act" and under the laws of this state,
otherwise be lawfully sold over the counter without a
prescription;
(2) Authorize a licensed health professional authorized to
prescribe drugs who is a clinical nurse specialist, certified
nurse-midwife, certified nurse practitioner, optometrist, or
physician assistant, or licensed psychologist to furnish a sample
drug that is not a drug the professional is authorized to
prescribe.
(3) Prohibit a licensed health professional authorized to
prescribe drugs, manufacturer of dangerous drugs, wholesale
distributor of dangerous drugs, or representative of a
manufacturer of dangerous drugs from furnishing a sample drug to a
charitable pharmacy in accordance with section 3719.811 of the
Revised Code.
(4) Prohibit a pharmacist working, whether or not for
compensation, in a charitable pharmacy from dispensing a sample
drug to a person in accordance with section 3719.811 of the
Revised Code.
(D) The state board of pharmacy shall, in accordance with
Chapter 119. of the Revised Code, adopt rules as necessary to give
effect to this section.
Sec. 4729.01. As used in this chapter:
(A) "Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.
(B) "Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from
the principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:
(1) Interpreting prescriptions;
(2) Dispensing drugs and drug therapy related devices;
(4) Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the
drugs and appliances;
(5) Performing drug regimen reviews with individuals by
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs;
(6) Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug
regimen that warrants additional discussion with the prescriber;
(7) Advising an individual and the health care professionals
treating an individual with regard to the individual's drug
therapy;
(8) Acting pursuant to a consult agreement with a physician
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery, if an
agreement has been established with the physician;
(9) Engaging in the administration of immunizations to the
extent authorized by section 4729.41 of the Revised Code.
(C) "Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the
following circumstances:
(1) Pursuant to a prescription issued by a licensed health
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in
accordance with a consult agreement;
(3) As an incident to research, teaching activities, or
chemical analysis;
(4) In anticipation of orders for drugs pursuant to
prescriptions, based on routine, regularly observed dispensing
patterns;
(5) Pursuant to a request made by a licensed health
professional authorized to prescribe drugs for a drug that is to
be used by the professional for the purpose of direct
administration to patients in the course of the professional's
practice, if all of the following apply:
(a) At the time the request is made, the drug is not
commercially available regardless of the reason that the drug is
not available, including the absence of a manufacturer for the
drug or the lack of a readily available supply of the drug from a
manufacturer.
(b) A limited quantity of the drug is compounded and provided
to the professional.
(c) The drug is compounded and provided to the professional
as an occasional exception to the normal practice of dispensing
drugs pursuant to patient-specific prescriptions.
(D) "Consult agreement" means an agreement to manage an
individual's drug therapy that has been entered into by a
pharmacist and a physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery.
(1) Any article recognized in the United States pharmacopoeia
and national formulary, or any supplement to them, intended for
use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or animals;
(2) Any other article intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in humans or
animals;
(3) Any article, other than food, intended to affect the
structure or any function of the body of humans or animals;
(4) Any article intended for use as a component of any
article specified in division (E)(1), (2), or (3) of this section;
but does not include devices or their components, parts, or
accessories.
(F) "Dangerous drug" means any of the following:
(1) Any drug to which either of the following applies:
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is
required to bear a label containing the legend "Caution: Federal
law prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;
(b) Under Chapter 3715. or 3719. of the Revised Code, the
drug may be dispensed only upon a prescription.
(2) Any drug that contains a schedule V controlled substance
and that is exempt from Chapter 3719. of the Revised Code or to
which that chapter does not apply;
(3) Any drug intended for administration by injection into
the human body other than through a natural orifice of the human
body.
(G) "Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.
(H) "Prescription" means a written, electronic, or oral order
for drugs or combinations or mixtures of drugs to be used by a
particular individual or for treating a particular animal, issued
by a licensed health professional authorized to prescribe drugs.
(I) "Licensed health professional authorized to prescribe
drugs" or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:
(1) A dentist licensed under Chapter 4715. of the Revised
Code;
(2) A clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner who holds a certificate to prescribe
issued under section 4723.48 of the Revised Code;
(3) An optometrist licensed under Chapter 4725. of the
Revised Code to practice optometry under a therapeutic
pharmaceutical agents certificate;
(4) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(5) A physician assistant who holds a certificate to
prescribe issued under Chapter 4730. of the Revised Code;
(6) A veterinarian licensed under Chapter 4741. of the
Revised Code;
(7) A licensed psychologist who holds a certificate to
prescribe psychotropic drugs issued under section 4732.29 of the
Revised Code.
(J) "Sale" and "sell" include delivery, transfer, barter,
exchange, or gift, or offer therefor, and each such transaction
made by any person, whether as principal proprietor, agent, or
employee.
(K) "Wholesale sale" and "sale at wholesale" mean any sale in
which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.
(L) "Retail sale" and "sale at retail" mean any sale other
than a wholesale sale or sale at wholesale.
(M) "Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish
responsibility.
(N) "Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:
(1) The proprietary name of the drug product;
(2) The established (generic) name of the drug product;
(3) The strength of the drug product if the product contains
a single active ingredient or if the drug product contains more
than one active ingredient and a relevant strength can be
associated with the product without indicating each active
ingredient. The established name and quantity of each active
ingredient are required if such a relevant strength cannot be so
associated with a drug product containing more than one
ingredient.
(5) The price charged for a specific quantity of the drug
product. The stated price shall include all charges to the
consumer, including, but not limited to, the cost of the drug
product, professional fees, handling fees, if any, and a statement
identifying professional services routinely furnished by the
pharmacy. Any mailing fees and delivery fees may be stated
separately without repetition. The information shall not be false
or misleading.
(O) "Wholesale distributor of dangerous drugs" means a person
engaged in the sale of dangerous drugs at wholesale and includes
any agent or employee of such a person authorized by the person to
engage in the sale of dangerous drugs at wholesale.
(P) "Manufacturer of dangerous drugs" means a person, other
than a pharmacist, who manufactures dangerous drugs and who is
engaged in the sale of those dangerous drugs within this state.
(Q) "Terminal distributor of dangerous drugs" means a person
who is engaged in the sale of dangerous drugs at retail, or any
person, other than a wholesale distributor or a pharmacist, who
has possession, custody, or control of dangerous drugs for any
purpose other than for that person's own use and consumption, and
includes pharmacies, hospitals, nursing homes, and laboratories
and all other persons who procure dangerous drugs for sale or
other distribution by or under the supervision of a pharmacist or
licensed health professional authorized to prescribe drugs.
(R) "Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely
to induce, directly or indirectly, the purchase of a dangerous
drug at retail.
(S) "Person" includes any individual, partnership,
association, limited liability company, or corporation, the state,
any political subdivision of the state, and any district,
department, or agency of the state or its political subdivisions.
(T) "Finished dosage form" has the same meaning as in section
3715.01 of the Revised Code.
(U) "Generically equivalent drug" has the same meaning as in
section 3715.01 of the Revised Code.
(V) "Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the
Revised Code or a dog pound operated pursuant to Chapter 955. of
the Revised Code.
(W) "Food" has the same meaning as in section 3715.01 of the
Revised Code.
Sec. 4729.51. (A) No person other than a registered
wholesale distributor of dangerous drugs shall possess for sale,
sell, distribute, or deliver, at wholesale, dangerous drugs,
except as follows:
(1) A pharmacist who is a licensed terminal distributor of
dangerous drugs or who is employed by a licensed terminal
distributor of dangerous drugs may make occasional sales of
dangerous drugs at wholesale;
(2) A licensed terminal distributor of dangerous drugs having
more than one establishment or place may transfer or deliver
dangerous drugs from one establishment or place for which a
license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or delivery.
(B)(1) No registered wholesale distributor of dangerous drugs
shall possess for sale, or sell, at wholesale, dangerous drugs to
any person other than the following:
(a) A licensed health professional authorized to prescribe
drugs;
(b) An optometrist licensed under Chapter 4725. of the
Revised Code who holds a topical ocular pharmaceutical agents
certificate;
(c) A registered wholesale distributor of dangerous drugs;
(d) A manufacturer of dangerous drugs;
(e) A licensed terminal distributor of dangerous drugs,
subject to division (B)(2) of this section;
(f) Carriers or warehousers for the purpose of carriage or
storage;
(g) Terminal or wholesale distributors of dangerous drugs who
are not engaged in the sale of dangerous drugs within this state;
(h) An individual who holds a current license, certificate,
or registration issued under Title 47 of the Revised Code and has
been certified to conduct diabetes education by a national
certifying body specified in rules adopted by the state board of
pharmacy under section 4729.68 of the Revised Code, but only with
respect to insulin that will be used for the purpose of diabetes
education and only if diabetes education is within the
individual's scope of practice under statutes and rules regulating
the individual's profession;
(i) An individual who holds a valid certificate issued by a
nationally recognized S.C.U.B.A. diving certifying organization
approved by the pharmacy board in rule, but only with respect to
medical oxygen that will be used for the purpose of emergency care
or treatment at the scene of a diving emergency;
(j) A business entity that is a corporation formed under
division (B) of section 1701.03 of the Revised Code, a limited
liability company formed under Chapter 1705. of the Revised Code,
or a professional association formed under Chapter 1785. of the
Revised Code if the entity has a sole shareholder who is a
licensed health professional authorized to prescribe drugs and is
authorized to provide the professional services being offered by
the entity;
(k) A business entity that is a corporation formed under
division (B) of section 1701.03 of the Revised Code, a limited
liability company formed under Chapter 1705. of the Revised Code,
a partnership or a limited liability partnership formed under
Chapter 1775. of the Revised Code, or a professional association
formed under Chapter 1785. of the Revised Code, if, to be a
shareholder, member, or partner, an individual is required to be
licensed, certified, or otherwise legally authorized under Title
XLVII of the Revised Code to perform the professional service
provided by the entity and each such individual is a licensed
health professional authorized to prescribe drugs.
(2) No registered wholesale distributor of dangerous drugs
shall possess dangerous drugs for sale at wholesale, or sell such
drugs at wholesale, to a licensed terminal distributor of
dangerous drugs, except to:
(a) A terminal distributor who has a category I license, only
dangerous drugs described in category I, as defined in division
(A)(1) of section 4729.54 of the Revised Code;
(b) A terminal distributor who has a category II license,
only dangerous drugs described in category I and category II, as
defined in divisions (A)(1) and (2) of section 4729.54 of the
Revised Code;
(c) A terminal distributor who has a category III license,
dangerous drugs described in category I, category II, and category
III, as defined in divisions (A)(1), (2), and (3) of section
4729.54 of the Revised Code;
(d) A terminal distributor who has a limited category I, II,
or III license, only the dangerous drugs specified in the
certificate furnished by the terminal distributor in accordance
with section 4729.60 of the Revised Code.
(C)(1) Except as provided in division (C)(4) of this section,
no person shall sell, at retail, dangerous drugs.
(2) Except as provided in division (C)(4) of this section, no
person shall possess for sale, at retail, dangerous drugs.
(3) Except as provided in division (C)(4) of this section, no
person shall possess dangerous drugs.
(4) Divisions (C)(1), (2), and (3) of this section do not
apply to a registered wholesale distributor of dangerous drugs, a
licensed terminal distributor of dangerous drugs, or a person who
possesses, or possesses for sale or sells, at retail, a dangerous
drug in accordance with Chapters 3719., 4715., 4723., 4725.,
4729., 4730., 4731., and 4741. of the Revised Code or section
5120.052 of the Revised Code.
Divisions (C)(1), (2), and (3) of this section do not apply
to an individual who holds a current license, certificate, or
registration issued under Title XLVII of the Revised Code and has
been certified to conduct diabetes education by a national
certifying body specified in rules adopted by the state board of
pharmacy under section 4729.68 of the Revised Code, but only to
the extent that the individual possesses insulin or personally
supplies insulin solely for the purpose of diabetes education and
only if diabetes education is within the individual's scope of
practice under statutes and rules regulating the individual's
profession.
Divisions (C)(1), (2), and (3) of this section do not apply
to an individual who holds a valid certificate issued by a
nationally recognized S.C.U.B.A. diving certifying organization
approved by the pharmacy board in rule, but only to the extent
that the individual possesses medical oxygen or personally
supplies medical oxygen for the purpose of emergency care or
treatment at the scene of a diving emergency.
(D) No licensed terminal distributor of dangerous drugs shall
purchase for the purpose of resale dangerous drugs from any person
other than a registered wholesale distributor of dangerous drugs,
except as follows:
(1) A licensed terminal distributor of dangerous drugs may
make occasional purchases of dangerous drugs for resale from a
pharmacist who is a licensed terminal distributor of dangerous
drugs or who is employed by a licensed terminal distributor of
dangerous drugs;
(2) A licensed terminal distributor of dangerous drugs having
more than one establishment or place may transfer or receive
dangerous drugs from one establishment or place for which a
license has been issued to the terminal distributor to another
establishment or place for which a license has been issued to the
terminal distributor if the license issued for each establishment
or place is in effect at the time of the transfer or receipt.
(E) No licensed terminal distributor of dangerous drugs shall
engage in the sale or other distribution of dangerous drugs at
retail or maintain possession, custody, or control of dangerous
drugs for any purpose other than the distributor's personal use or
consumption, at any establishment or place other than that or
those described in the license issued by the board of pharmacy to
such terminal distributor.
(F) Nothing in this section shall be construed to interfere
with the performance of official duties by any law enforcement
official authorized by municipal, county, state, or federal law to
collect samples of any drug, regardless of its nature or in whose
possession it may be.
Sec. 4732.01. As used in sections 4732.01 to 4732.25 of the
Revised Code this chapter:
(A) "Psychologist" means any person who holds self out to the
public by any title or description of services incorporating the
words "psychologic," "psychological," "psychologist,"
"psychology," or any other terms that imply the person is trained,
experienced, or an expert in the field of psychology.
(B) "The practice of psychology" means rendering or offering
to render to individuals, groups, organizations, or the public any
service involving the application of psychological procedures to
assessment, diagnosis, prevention, treatment, or amelioration of
psychological problems or emotional or mental disorders of
individuals or groups; or to the assessment or improvement of
psychological adjustment or functioning of individuals or groups,
whether or not there is a diagnosable pre-existing psychological
problem. Practice of psychology includes the practice of school
psychology. For purposes of this chapter, teaching or research
shall not be regarded as the practice of psychology, even when
dealing with psychological subject matter, provided it does not
otherwise involve the professional practice of psychology in which
patient or client welfare is directly affected.
(C) "Psychological procedures" include but are not restricted
to application of principles, methods, or procedures of
understanding, predicting, or influencing behavior, such as the
principles pertaining to learning, conditioning, perception,
motivation, thinking, emotions, or interpersonal relationships;
the methods or procedures of verbal interaction, interviewing,
counseling, behavior modification, environmental manipulation,
group process, psychological psychotherapy, or hypnosis; and the
methods or procedures of administering or interpreting tests of
mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, or motivation.
(D) "School psychologist" means any person who holds self out
to the public by any title or description of services
incorporating the words "school psychologist" or "school
psychology," or who holds self out to be trained, experienced, or
an expert in the practice of school psychology.
(E) "Practice of school psychology" means rendering or
offering to render to individuals, groups, organizations, or the
public any of the following services:
(1) Evaluation, diagnosis, or test interpretation limited to
assessment of intellectual ability, learning patterns,
achievement, motivation, or personality factors directly related
to learning problems in an educational setting;
(2) Counseling services for children or adults for
amelioration or prevention of educationally related learning
problems;
(3) Educational or vocational consultation or direct
educational services. This does not include industrial
consultation or counseling services to clients undergoing
vocational rehabilitation.
(F) "Licensed psychologist" means an individual holding a
current, valid license to practice psychology issued under section
4732.12 or 4732.15 of the Revised Code.
(G) "Licensed school psychologist" means an individual
holding a current, valid license to practice school psychology
issued under section 4732.12 or 4732.15 of the Revised Code.
(H) "Certificated school psychologist" means an individual
holding a current, valid school psychologist certificate issued
under division (M) of section 3319.22 of the Revised Code.
(I) "Mental health professional" and "mental health service"
have the same meanings as in section 2305.51 of the Revised Code.
Sec. 4732.29. If, under section 5120.052 of the Revised
Code, the director of rehabilitation and correction implements a
program to improve the access of prisoners confined in state
correctional institutions to psychotropic drugs, the state board
of psychology shall issue a certificate to prescribe psychotropic
drugs to a licensed psychologist who meets all of the following
requirements:
(A) Has a doctoral degree in psychology;
(B) Has a postdoctoral master's degree in psychopharmacology
or other degree of that nature acceptable to the board;
(C) Has passed the psychopharmacology examination for
psychologists given by the college of professional psychology of
the APA practice organization, a companion organization to the
American psychological association;
(D) Is employed by the department of rehabilitation and
correction;
(E) Complies with any requirements established by rules
adopted under section 4732.291 of the Revised Code.
Sec. 4732.291. The state board of psychology shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing the process of issuing a certificate to prescribe
psychotropic drugs to a licensed psychologist under section
4732.29 of the Revised Code. The rules shall establish or specify
all of the following:
(A) Procedures for renewing a certificate to prescribe
psychotropic drugs at times specified in the rules;
(B) Reasons for which the board may revoke, in accordance
with Chapter 119. of the Revised Code, a certificate to prescribe
psychotropic drugs;
(C) Anything else the board considers necessary to implement
sections 4732.29 to 4732.293 of the Revised Code.
Sec. 4732.292. Not more than six licensed psychologists at
one time may hold certificates to prescribe psychotropic drugs
issued under section 4732.29 of the Revised Code.
Sec. 4732.293. A certificate to prescribe psychotropic drugs
issued under section 4732.29 of the Revised Code authorizes a
licensed psychologist holding the certificate only to prescribe,
as part of the program established under section 5120.052 of the
Revised Code, a psychotropic drug to a prisoner who is confined in
a state correctional institution and diagnosed with a condition
for which the psychotropic drug is appropriate.
Sec. 5120.052. (A) As used in this section and section
5120.053 of the Revised Code:
"Certificate to prescribe psychotropic drugs" means a
certificate the state board of psychology issues to a licensed
psychologist under section 4732.29 of the Revised Code.
"Licensed health professional authorized to prescribe drugs"
has the same meaning as in section 4729.01 of the Revised Code.
"Licensed psychologist" has the same meaning as in section
4732.01 of the Revised Code.
"Physician" means an individual who is authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery
or osteopathic medicine and surgery. "Physician" includes a
psychiatrist.
"Psychiatrist" means a physician who has satisfactorily
completed a residency training program in psychiatry, as approved
by the residency review committee of the American medical
association, the committee on postgraduate education of the
American osteopathic association, or the American osteopathic
board of neurology and psychiatry, or who on July 1, 1989, has
been recognized as a psychiatrist by the Ohio state medical
association or the Ohio osteopathic association on the basis of
formal training and five or more years of medical practice limited
to psychiatry.
(B) The director of rehabilitation and correction may
implement a program to improve the access of prisoners confined in
state correctional institutions to psychotropic drugs. If
implemented, the program shall provide for any of the following,
while employed by the department of rehabilitation and correction,
to prescribe a psychotropic drug to a prisoner confined in a state
correctional institution who has been diagnosed with a condition
for which the drug is appropriate:
(2) Subject to division (C)(1) of this section, a physician
assistant who holds a certificate to prescribe issued under
Chapter 4730. of the Revised Code and has been granted
physician-delegated prescriptive authority by a supervisory
physician;
(3) Subject to division (C)(1) of this section, a clinical
nurse specialist or certified nurse practitioner who holds a
certificate to prescribe issued under section 4723.48 of the
Revised Code;
(4) A licensed psychologist who holds a certificate to
prescribe psychotropic drugs.
(C) This section does not do either of the following:
(1) Authorize a person who is a physician assistant, clinical
nurse specialist, or certified nurse practitioner to prescribe a
psychotropic drug that is not a drug the person is authorized to
prescribe;
(2) Require that a licensed health professional authorized to
prescribe drugs, other than a licensed psychologist holding a
certificate to prescribe psychotropic drugs, prescribe drugs for a
prisoner confined in a state correctional institution only as part
of the program implemented under this section.
Sec. 5120.053. The director of rehabilitation and correction
may implement a program under which medical and behavioral health
care professionals provide through telecommunication methods, to
the extent consistent with the professionals' scope of practice,
case consultation services, treatment services, or both for
prisoners confined in state correctional institutions. A medical
or behavioral health care professional may not provide a service
for a prisoner as part of the telecommunication program until a
physician, physician assistant, clinical nurse specialist,
certified nurse practitioner, or licensed psychologist has met
personally with the prisoner at least once.
The director may specify which types of medical and
behavioral health care professionals may participate in the
telecommunication program.
This section does not authorize any person to engage in the
practice of telemedicine, as defined in section 4731.296 of the
Revised Code, without holding a telemedicine certificate issued
under that section.
Section 2. That existing sections 2925.02, 2925.03, 2925.11,
2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4729.01,
4729.51, and 4732.01 of the Revised Code are hereby repealed.
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