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Sub. H. B. No. 334 As Reported by the Senate Health, Human Services and Aging CommitteeAs Reported by the Senate Health, Human Services and Aging Committee
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Johnson, Bubp
Cosponsors:
Representatives Amstutz, Barnes, Buchy, Butler, Fende, Goodwin, Gonzales, Kozlowski, O'Brien, Peterson, Rosenberger, Stebelton, Uecker, Wachtmann, Yuko, Antonio, Duffey, Garland, Hackett, Adams, R., Anielski, Beck, Blair, Blessing, Boose, Boyd, Celebrezze, Combs, Conditt, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Fedor, Foley, Gardner, Gerberry, Goyal, Grossman, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Huffman, Landis, Luckie, Lundy, Lynch, Maag, McClain, McGregor, Milkovich, Newbold, Patmon, Pelanda, Phillips, Roegner, Ruhl, Scherer, Schuring, Sears, Slaby, M., Smith, Sprague, Stautberg, Szollosi, Terhar, Thompson, Winburn, Young Speaker Batchelder
Senators Cafaro, Tavares, Brown
A BILL
To amend sections 2925.01, 2925.03, 2925.11, 2925.55,
2925.56, 2925.57, 2929.01, 3715.05, 3719.013, and
3719.41 and to enact sections 109.89, 3715.051,
3715.052, 3715.053, and 3715.054 of the Revised
Code to establish procedures regarding the
participation of pharmacies, retailers, and the
Attorney General in electronically tracking
pseudoephedrine and ephedrine product sales
through a national exchange; to specify that
certain classes of compounds and individual
compounds are schedule I controlled substances; to
create the offenses of trafficking in and
possession of controlled substance analogs; and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.01, 2925.03, 2925.11, 2925.55,
2925.56, 2925.57, 2929.01, 3715.05, 3719.013, and 3719.41 be
amended and sections 109.89, 3715.051, 3715.052, 3715.053, and
3715.054 of the Revised Code be enacted to read as follows:
Sec. 109.89. (A) As used in this section, "pseudoephedrine
product," "ephedrine product," "national precursor log exchange,"
and "exchange" have the same meanings as in section 3715.05 of the
Revised Code.
(B) The attorney general may enter into a contract or
memorandum of understanding with the national association of drug
diversion investigators or its successor organization and, if the
attorney general determines it to be appropriate, a person to whom
the authority to administer the national precursor log exchange
has been delegated. The contract or memorandum shall govern the
attorney general's access to and use of information from the
exchange and the responsibilities of each party to the contract or
memorandum relative to the access and use of the information.
(C) In furtherance of the purpose of the contract or
memorandum of understanding as described in division (B) of this
section, the contract or memorandum shall include terms that do
all of the following:
(1) Authorize the attorney general to obtain real-time access
to information from the national precursor log exchange;
(2) Authorize the attorney general to receive, on a weekly
basis, a report regarding sales of pseudoephedrine products and
ephedrine products in this state as monitored by the exchange, the
specific content of which shall be identified in the contract or
memorandum;
(3) Authorize the attorney general to disseminate any
information obtained pursuant to division (C)(1) or (2) of this
section to other state and local law enforcement officers as
determined to be appropriate by the attorney general;
(4) Specify that neither the attorney general nor any local
or state law enforcement officer is to be charged a fee for access
to or use of the national precursor log exchange or information
from the exchange authorized by this section or by the contract or
memorandum;
(5) Require all parties to the contract or memorandum to
comply with federal and state laws governing the confidentiality
of patient-specific information;
(6) Specify how the contract or memorandum may be amended or
revoked.
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "controlled
substance analog," "dispense," "distribute," "hypodermic,"
"manufacturer," "official written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"
"schedule IV," "schedule V," and "wholesaler" have the same
meanings as in section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the same
meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional
authorized to prescribe drugs," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the
following:
(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III, with the
exception of controlled substance analogs, marihuana, cocaine,
L.S.D., heroin, and hashish and except as provided in division
(D)(2) or (5) of this section, whichever of the following is
applicable:
(a) An amount equal to or exceeding ten grams or twenty-five
unit doses of a compound, mixture, preparation, or substance that
is or contains any amount of a schedule I opiate or opium
derivative;
(b) An amount equal to or exceeding ten grams of a compound,
mixture, preparation, or substance that is or contains any amount
of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or lysergic acid amide, or a schedule I
stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is or
contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant that is in a final dosage
form manufactured by a person authorized by the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as
amended, and the federal drug abuse control laws, as defined in
section 3719.01 of the Revised Code, that is or contains any
amount of a schedule II depressant substance or a schedule II
hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams
or thirty times the maximum daily dose in the usual dose range
specified in a standard pharmaceutical reference manual of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule III or IV substance other than an
anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage
units, sixteen grams, or sixteen milliliters of a compound,
mixture, preparation, or substance that is or contains any amount
of a schedule III anabolic steroid.
(E) "Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that indicates that it is
the amount or unit by which the controlled substance is separately
administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or
tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or
2925.37 of the Revised Code;
(2) A violation of an existing or former law of this or any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;
(3) An offense under an existing or former law of this or any
other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;
(4) A conspiracy to commit, attempt to commit, or complicity
in committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.
(I) "Harmful intoxicant" does not include beer or
intoxicating liquor but means any of the following:
(1) Any compound, mixture, preparation, or substance the gas,
fumes, or vapor of which when inhaled can induce intoxication,
excitement, giddiness, irrational behavior, depression,
stupefaction, paralysis, unconsciousness, asphyxiation, or other
harmful physiological effects, and includes, but is not limited
to, any of the following:
(a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(J) "Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.
(K) "Possess" or "possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.
(L) "Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to
prescribe drugs, or a drug of abuse, and that, at one time, had
been placed in a container plainly marked as a sample by a
manufacturer.
(M) "Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia," prepared by authority
of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the state
board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the
following:
(1) Any drug that bears, or whose container or label bears, a
trademark, trade name, or other identifying mark used without
authorization of the owner of rights to that trademark, trade
name, or identifying mark;
(2) Any unmarked or unlabeled substance that is represented
to be a controlled substance manufactured, processed, packed, or
distributed by a person other than the person that manufactured,
processed, packed, or distributed it;
(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;
(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.
(P) An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed on school premises, in a school
building, or within one thousand feet of the boundaries of any
school premises.
(Q) "School" means any school operated by a board of
education, any community school established under Chapter 3314. of
the Revised Code, or any nonpublic school for which the state
board of education prescribes minimum standards under section
3301.07 of the Revised Code, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted at the time a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased
by a board of education of a school, the governing authority of a
community school established under Chapter 3314. of the Revised
Code, or the governing body of a nonpublic school for which the
state board of education prescribes minimum standards under
section 3301.07 of the Revised Code and on which some of the
instruction, extracurricular activities, or training of the school
is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the parcel of real property at the time a criminal offense is
committed.
(S) "School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the Government
of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of
one or more local bar associations of the state of Ohio that
complies with the criteria set forth in Rule V, section 6 of the
Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of this
section and that qualifies a person as a professionally licensed
person.
(W) "Professionally licensed person" means any of the
following:
(1) A person who has obtained a license as a manufacturer of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has registered
as a public accountant under Chapter 4701. of the Revised Code and
who holds an Ohio permit issued under that chapter;
(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect under
Chapter 4703. of the Revised Code or who holds a permit as a
landscape architect issued under that chapter;
(5) A person licensed under Chapter 4707. of the Revised
Code;
(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;
(7) A person licensed and regulated to engage in the business
of a debt pooling company by a legislative authority, under
authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's license,
hair designer's license, manicurist's license, esthetician's
license, natural hair stylist's license, managing cosmetologist's
license, managing hair designer's license, managing manicurist's
license, managing esthetician's license, managing natural hair
stylist's license, cosmetology instructor's license, hair design
instructor's license, manicurist instructor's license, esthetics
instructor's license, natural hair style instructor's license,
independent contractor's license, or tanning facility permit under
Chapter 4713. of the Revised Code;
(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or who has been registered for an embalmer's or funeral
director's apprenticeship under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;
(12) A person who has been licensed to practice optometry or
to engage in optical dispensing under Chapter 4725. of the Revised
Code;
(13) A person licensed to act as a pawnbroker under Chapter
4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;
(16) A person who is authorized to practice as a physician
assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a certificate to practice
medicine and surgery, osteopathic medicine and surgery, a limited
branch of medicine, or podiatry under Chapter 4731. of the Revised
Code;
(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real
estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;
(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;
(30) A person licensed to practice as a speech-language
pathologist or audiologist under Chapter 4753. of the Revised
Code;
(31) A person issued a license as an occupational therapist
or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a professional clinical
counselor or professional counselor, licensed as a social worker
or independent social worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit
to practice respiratory therapy under Chapter 4761. of the Revised
Code;
(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of
the supreme court in compliance with its prescribed and published
rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer, or
derivative of ecgonine, or a salt of an isomer or derivative of
ecgonine;
(3) A salt, compound, derivative, or preparation of a
substance identified in division (X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate, liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section 3719.01
of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile"
if the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether
the offender knows the age of the juvenile, whether the offender
knows the offense is being committed within one hundred feet of or
within view of the juvenile, or whether the juvenile actually
views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described in
division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with
the purposes and principles of sentencing under section 2929.11 of
the Revised Code.
(DD) "Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the
following:
(1) A violation of section 2925.11 of the Revised Code as it
existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it
exists on and after July 1, 1996, that is a misdemeanor or a
felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in
section 2929.01 of the Revised Code.
(GG) "Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(HH) "Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
(II) "Methamphetamine" means methamphetamine, any salt,
isomer, or salt of an isomer of methamphetamine, or any compound,
mixture, preparation, or substance containing methamphetamine or
any salt, isomer, or salt of an isomer of methamphetamine.
(JJ) "Lawful prescription" means a prescription that is
issued for a legitimate medical purpose by a licensed health
professional authorized to prescribe drugs, that is not altered or
forged, and that was not obtained by means of deception or by the
commission of any theft offense.
(KK) "Deception" and "theft offense" have the same meanings
as in section 2913.01 of the Revised Code.
Sec. 2925.03. (A) No person shall knowingly do any of the
following:
(1) Sell or offer to sell a controlled substance or a
controlled substance analog;
(2) Prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute a controlled substance or a
controlled substance analog, when the offender knows or has
reasonable cause to believe that the controlled substance or a
controlled substance analog is intended for sale or resale by the
offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized
to prescribe drugs, pharmacists, owners of pharmacies, and other
persons whose conduct is in accordance with Chapters 3719., 4715.,
4723., 4729., 4730., 4731., and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any person
who is conducting or participating in a research project involving
the use of an anabolic steroid if the project has been approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act.
(C) Whoever violates division (A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is any compound,
mixture, preparation, or substance included in schedule I or
schedule II, with the exception of marihuana,
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,
cocaine, L.S.D., heroin, and hashish, and controlled substance
analogs, 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, except as otherwise
provided in this division, there is a presumption for a prison
term for the offense. If aggravated trafficking in drugs is a
felony of the third degree under this division and if the offender
two or more times previously has been convicted of or pleaded
guilty to a felony drug abuse offense, 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.
(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 (B) 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 division (B) of section 2929.13
of the Revised Code applies in determining whether to impose 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), (g), or (h) of this section, trafficking in
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.
(b) Except as otherwise provided in division (C)(3)(c), (d),
(e), (f), (g), or (h) 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 (B) 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 (B) 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 but is less than forty thousand grams, trafficking in
marihuana is a felony of the second degree, and the court shall
impose a mandatory prison term of five, six, seven, or eight
years. 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 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
amount of the drug involved equals or exceeds forty 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 forty 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.
(h) 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 (B) 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, trafficking in cocaine is a felony
of the fourth degree, and division (B) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison
term 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 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 twenty grams of cocaine, trafficking in cocaine is a
felony of the third degree, and, except as otherwise provided in
this division, there is a presumption for a prison term for the
offense. If trafficking in cocaine is a felony of the third degree
under this division and if the offender two or more times
previously has been convicted of or pleaded guilty to a felony
drug abuse offense, 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 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 twenty grams but is
less than twenty-seven grams of 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 that range 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
twenty-seven grams but is less than one hundred grams of 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
hundred grams of 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.
(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 (B) 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
division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose 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, except as otherwise provided in this division, there
is a presumption for a prison term for the offense. If trafficking
in L.S.D. is a felony of the third degree under this division and
if the offender two or more times previously has been convicted of
or pleaded guilty to a felony drug abuse offense, 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.
(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 (B) 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 division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose 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.
(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), (f), or (g) of this section, trafficking in 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.
(b) Except as otherwise provided in division (C)(7)(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 hashish is a felony of the fourth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(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 (B) 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
but is less than two thousand grams of hashish in a solid form or
equals or exceeds two hundred grams but is less than four 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 a mandatory prison term
of five, six, seven, or eight years. 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.
(g) Except as otherwise provided in this division, if the
amount of the drug involved equals or exceeds two thousand grams
of hashish in a solid form or equals or exceeds four 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 equals or exceeds two thousand
grams of hashish in a solid form or equals or exceeds four hundred
grams of hashish in a liquid concentrate, liquid extract, or
liquid distillate form and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking
in hashish is a felony of the first degree, and the court shall
impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree.
(8) If the drug involved in the violation is
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a
compound, mixture, preparation, or substance containing
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol a
controlled substance analog or compound, mixture, preparation, or
substance that contains a controlled substance analog, whoever
violates division (A) of this section is guilty of trafficking in
spice a controlled substance analog. The penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division (C)(8)(b), (c),
(d), (e), (f), or (g) of this section, trafficking in spice a
controlled substance analog is a felony of the fifth degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(b) If Except as otherwise provided in division (C)(8)(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 spice a controlled substance analog 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 twenty grams, trafficking in a controlled substance
analog is a felony of the fourth degree, and division (B) of
section 2929.13 of the Revised Code applies in determining whether
to impose a prison term 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 a controlled substance analog 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 twenty grams but is
less than thirty grams, trafficking in a controlled substance
analog 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 a controlled substance analog 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 thirty grams but is
less than forty grams, trafficking in a controlled substance
analog 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 a controlled substance analog 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
forty grams but is less than 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 a controlled substance
analog 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
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 a controlled substance analog 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.
(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.
(J) It is an affirmative defense to a charge of trafficking
in a controlled substance analog under division (C)(8) of this
section that the person charged with violating that offense sold
or offered to sell, or prepared for shipment, shipped,
transported, delivered, prepared for distribution, or distributed
an item described in division (HH)(2)(a), (b), or (c) of section
3719.01 of the Revised Code.
Sec. 2925.11. (A) No person shall knowingly obtain, possess,
or use a controlled substance or a controlled substance analog.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized
to prescribe drugs, pharmacists, owners of pharmacies, and other
persons whose conduct was in accordance with Chapters 3719.,
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any person
who is conducting or participating in a research project involving
the use of an anabolic steroid if the project has been approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant
to a lawful prescription issued by a licensed health professional
authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of one of the following:
(1) If the drug involved in the violation is a compound,
mixture, preparation, or substance included in schedule I or II,
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,
cocaine, L.S.D., heroin, and hashish, and controlled substance
analogs, 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.
(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), (f), or (g) 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 but is less than forty thousand grams,
possession of marihuana is a felony of the second degree, and the
court shall impose a mandatory prison term of five, six, seven, or
eight years.
(g) If the amount of the drug involved equals or exceeds
forty 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 ten grams of cocaine, possession of cocaine
is a felony of the fourth degree, and division (B) of section
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds ten
grams but is less than twenty grams of cocaine, possession of
cocaine is a felony of the third degree, and, except as otherwise
provided in this division, there is a presumption for a prison
term for the offense. If possession of cocaine is a felony of the
third degree under this division and if the offender two or more
times previously has been convicted of or pleaded guilty to a
felony drug abuse offense, 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
twenty grams but is less than twenty-seven grams of 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
twenty-seven grams but is less than one hundred grams of 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
hundred grams of 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.
(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.
(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.
(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), (f), or (g) 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 but is less than two thousand grams of hashish in a
solid form or equals or exceeds two hundred grams but is less than
four 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 a
mandatory prison term of five, six, seven, or eight years.
(g) If the amount of the drug involved equals or exceeds two
thousand grams of hashish in a solid form or equals or exceeds
four hundred grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form, possession of hashish is a
felony of the second degree, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a
felony of the second degree.
(8) If the drug involved is 1-Pentyl-3-(1-naphthoyl)indole,
1-Butyl-3-(1-naphthoyl)indole,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a
compound, mixture, preparation, or substance containing
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol a
controlled substance analog or compound, mixture, preparation, or
substance that contains a controlled substance analog, whoever
violates division (A) of this section is guilty of possession of
spice, a minor misdemeanor a controlled substance analog. The
penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(8)(b), (c),
(d), (e), or (f) of this section, possession of a controlled
substance analog 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
grams but is less than twenty grams, possession of a controlled
substance analog 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 grams but is less than thirty grams, possession of a
controlled substance analog 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
thirty grams but is less than forty grams, possession of a
controlled substance analog 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
forty grams but is less than fifty grams, possession of a
controlled substance analog 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
fifty grams, possession of a controlled substance analog 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.
(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.
(H) It is an affirmative defense to a charge of possession of
a controlled substance analog under division (C)(8) of this
section that the person charged with violating that offense
obtained, possessed, or used an item described in division
(HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.
Sec. 2925.55. (A) As used in sections 2925.55 to 2925.58 of
the Revised Code:
(1) "Consumer product" means any food or drink that is
consumed or used by humans and any drug, including a drug that may
be provided legally only pursuant to a prescription, that is
intended to be consumed or used by humans.
(2) "Terminal distributor of dangerous drugs" has the same
meaning as in section 4729.01 of the Revised Code.
(3) "Pseudoephedrine" means any material, compound, mixture,
or preparation that contains any quantity of pseudoephedrine, any
of its salts, optical isomers, or salts of optical isomers.
(4) "Pseudoephedrine product" means a consumer product
consisting of a single-ingredient preparation of that contains
pseudoephedrine
in which pseudoephedrine is the active
ingredient.
"Pseudoephedrine product" does not include either of
the following:
(a) A consumer product containing pseudoephedrine that is in
a liquid, liquid capsule, or gel capsule form;
(b) A consumer product primarily intended for administration
to children under twelve years of age, according to the label
instructions, in solid dosage form, including chewable tablets,
when individual dosage units do not exceed fifteen milligrams of
pseudoephedrine.
(5) "Retailer" means a place of business that offers consumer
products for sale to the general public.
(6) "Single-ingredient preparation" means a compound,
mixture, preparation, or substance that contains a single active
ingredient.
(7) "Ephedrine" means any material, compound, mixture, or
preparation that contains any quantity of ephedrine, any of its
salts, optical isomers, or salts of optical isomers.
(8) "Ephedrine product" means a consumer product that
contains ephedrine.
(B)(1) No individual shall knowingly purchase, receive, or
otherwise acquire more than nine grams of any an amount of
pseudoephedrine product within a period of thirty consecutive
days, or ephedrine product that is greater than either of the
following unless the pseudoephedrine product or ephedrine product
is dispensed by a pharmacist pursuant to a valid prescription
issued by a licensed health professional authorized to prescribe
drugs and the conduct of the pharmacist and the licensed health
professional authorized to prescribe drugs is in accordance with
Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the
Revised Code:
(a) Three and six tenths grams within a period of a single
day;
(b) Nine grams within a period of thirty consecutive days.
The limits specified in divisions (B)(1)(a) and (b) of this
section apply to the total amount of base pseudoephedrine or base
ephedrine in the pseudoephedrine product or ephedrine product,
respectively. The limits do not apply to the product's overall
weight.
(2) It is not a violation of division (B)(1) of this section
for an individual to receive or accept more than nine grams of any
an amount of pseudoephedrine product within a period of thirty
consecutive days or ephedrine product specified in division
(B)(1)(a) or (b) of this section if the individual is an employee
of a retailer or terminal distributor of dangerous drugs, and the
employee receives or accepts from the retailer or terminal
distributor of dangerous drugs the pseudoephedrine product or
ephedrine product in a sealed container in connection with
manufacturing, warehousing, placement, stocking, bagging, loading,
or unloading of the product.
(C)(1) No individual under eighteen years of age shall
knowingly purchase, receive, or otherwise acquire a
pseudoephedrine product, or ephedrine product unless the
pseudoephedrine product or ephedrine product is dispensed by a
pharmacist pursuant to a valid prescription issued by a licensed
health professional authorized to prescribe drugs and the conduct
of the pharmacist and the licensed health professional authorized
to prescribe drugs is in accordance with Chapter 3719., 4715.,
4723., 4729., 4730., 4731., or 4741. of the Revised Code.
(2) Division (C)(1) of this section does not apply to an
individual under eighteen years of age who purchases, receives, or
otherwise acquires a pseudoephedrine product or ephedrine product
from any of the following:
(a) A licensed health professional authorized to prescribe
drugs or pharmacist who dispenses, sells, or otherwise provides
the pseudoephedrine product or ephedrine product to that
individual and whose conduct is in accordance with Chapter 3719.,
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;
(b) A parent or guardian of that individual who provides the
pseudoephedrine product or ephedrine product to the individual;
(c) A person, as authorized by that individual's parent or
guardian, who dispenses, sells, or otherwise provides the
pseudoephedrine product or ephedrine product to the individual;
(d) A retailer or terminal distributor of dangerous drugs who
provides the pseudoephedrine product or ephedrine product to that
individual if the individual is an employee of the retailer or
terminal distributor of dangerous drugs and the individual
receives or accepts from the retailer or terminal distributor of
dangerous drugs the pseudoephedrine product or ephedrine product
in a sealed container in connection with manufacturing,
warehousing, placement, stocking, bagging, loading, or unloading
of the product.
(D) No individual under eighteen years of age shall knowingly
show or give false information concerning the individual's name,
age, or other identification for the purpose of purchasing,
receiving, or otherwise acquiring a pseudoephedrine product or
ephedrine product.
(E) No individual shall knowingly fail to comply with the
requirements of division (C)(3)(B) of section 3715.05 3715.051 of
the Revised Code.
(F) Whoever violates division (B)(1) of this section is
guilty of unlawful purchase of a pseudoephedrine product or
ephedrine product, a misdemeanor of the first degree.
(G) Whoever violates division (C)(1) of this section is
guilty of underage purchase of a pseudoephedrine product or
ephedrine product, a delinquent act that would be a misdemeanor of
the fourth degree if it could be committed by an adult.
(H) Whoever violates division (D) of this section is guilty
of using false information to purchase a pseudoephedrine product
or ephedrine product, a delinquent act that would be a misdemeanor
of the first degree if it could be committed by an adult.
(I) Whoever violates division (E) of this section is guilty
of improper purchase of a pseudoephedrine product or ephedrine
product, a misdemeanor of the fourth degree.
Sec. 2925.56. (A)(1) Except as provided in division (A)(2) of
this section, no retailer or terminal distributor of dangerous
drugs or an employee of a retailer or terminal distributor of
dangerous drugs shall knowingly sell, offer to sell, hold for
sale, deliver, or otherwise provide to any individual within a
period of thirty consecutive days an amount of pseudoephedrine
product or ephedrine product that is greater than nine grams
either of the following:
(a) Three and six tenths grams within a period of a single
day;
(b) Nine grams within a period of thirty consecutive days.
The maximum amounts specified in divisions (A)(1)(a) and (b)
of this section apply to the total amount of base pseudoephedrine
or base ephedrine in the pseudoephedrine product or ephedrine
product, respectively. The maximum amounts do not apply to the
product's overall weight.
(2)(a) Division (A)(1) of this section does not apply to any
quantity of pseudoephedrine product or ephedrine product dispensed
by a pharmacist pursuant to a valid prescription issued by a
licensed health professional authorized to prescribe drugs if the
conduct of the pharmacist and the licensed health professional
authorized to prescribe drugs is in accordance with Chapter 3719.,
4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.
(b) It is not a violation of division (A)(1) of this section
for a retailer, terminal distributor of dangerous drugs, or
employee of either to provide to an individual more than nine
grams of any
an amount of pseudoephedrine product within a period
of thirty consecutive days if the or ephedrine product specified
in division (A)(1)(a) or (b) of this section under either of the
following circumstances:
(i) The individual is an employee of the retailer or terminal
distributor of dangerous drugs, and the employee receives or
accepts from the retailer, terminal distributor of dangerous
drugs, or employee the pseudoephedrine product or ephedrine
product in a sealed container in connection with manufacturing,
warehousing, placement, stocking, bagging, loading, or unloading
of the product;
(ii) A stop-sale alert is generated after the submission of
information to the national precursor log exchange under the
conditions described in division (A)(2) of section 3715.052 of the
Revised Code.
(B)(1) Except as provided in division (B)(2) of this section,
no retailer or terminal distributor of dangerous drugs or an
employee of a retailer or terminal distributor of dangerous drugs
shall sell, offer to sell, hold for sale, deliver, or otherwise
provide a pseudoephedrine product or ephedrine product to an
individual who is under eighteen years of age.
(2) Division (B)(1) of this section does not apply to any of
the following:
(a) A licensed health professional authorized to prescribe
drugs or pharmacist who dispenses, sells, or otherwise provides a
pseudoephedrine product or ephedrine product to an individual
under eighteen years of age and whose conduct is in accordance
with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of
the Revised Code;
(b) A parent or guardian of an individual under eighteen
years of age who provides a pseudoephedrine product or ephedrine
product to the individual;
(c) A person who, as authorized by the individual's parent or
guardian, dispenses, sells, or otherwise provides a
pseudoephedrine product or ephedrine product to an individual
under eighteen years of age;
(d) The provision by a retailer, terminal distributor of
dangerous drugs, or employee of either of a pseudoephedrine
product or ephedrine product in a sealed container to an employee
of the retailer or terminal distributor of dangerous drugs who is
under eighteen years of age in connection with manufacturing,
warehousing, placement, stocking, bagging, loading, or unloading
of the product.
(C) No retailer or terminal distributor of dangerous drugs
shall fail to comply with the requirements of division (C)(2)(A)
of section 3715.05 3715.051 or division (A)(2) of section 3715.052
of the Revised Code.
(D) No retailer or terminal distributor of dangerous drugs
shall fail to comply with the requirements of division (A)(1) of
section 3715.052 of the Revised Code.
(E) Whoever violates division (A)(1) of this section is
guilty of unlawfully selling a pseudoephedrine product or
ephedrine product, a misdemeanor of the first degree.
(E)(F) Whoever violates division (B)(1) of this section is
guilty of unlawfully selling a pseudoephedrine product or
ephedrine product to a minor, a misdemeanor of the fourth degree.
(F)(G) Whoever violates division (C) of this section is
guilty of improper sale of a pseudoephedrine product or ephedrine
product, a misdemeanor of the second degree.
(H) Whoever violates division (D) of this section is guilty
of failing to submit information to the national precursor log
exchange, a misdemeanor for which the offender shall be fined not
more than one thousand dollars per violation.
Sec. 2925.57. (A) As used in this section and section 2925.58
of the Revised Code:
(1) "Card holder" means any person who presents a driver's or
commercial driver's license or an identification card to a seller,
or an agent or employee of a seller, to purchase or receive any
pseudoephedrine product or ephedrine product from the seller,
agent, or employee.
(2) "Identification card" and "transaction scan device" have
the same meanings as in section 2927.021 of the Revised Code.
(3) "Seller" means a retailer or terminal distributor of
dangerous drugs.
(4) "Transaction scan" means the process by which a seller or
an agent or employee of a seller checks by means of a transaction
scan device the validity of a driver's or commercial driver's
license or an identification card that is presented as a condition
for purchasing or receiving any pseudoephedrine product or
ephedrine product.
(B)(1) A seller or an agent or employee of a seller may
perform a transaction scan by means of a transaction scan device
to check the validity of a driver's or commercial driver's license
or identification card presented by a card holder as a condition
for selling, giving away, or otherwise distributing to the card
holder a pseudoephedrine product or ephedrine product.
(2) If the information deciphered by the transaction scan
performed under division (B)(1) of this section fails to match the
information printed on the driver's or commercial driver's license
or identification card presented by the card holder, or if the
transaction scan indicates that the information so printed is
false or fraudulent, neither the seller nor any agent or employee
of the seller shall sell, give away, or otherwise distribute any
pseudoephedrine product or ephedrine product to the card holder.
(3) Division (B)(1) of this section does not preclude a
seller or an agent or employee of a seller as a condition for
selling, giving away, or otherwise distributing a pseudoephedrine
product or ephedrine product to the person presenting the document
from using a transaction scan device to check the validity of a
document other than a driver's or commercial driver's license or
an identification card if the document includes a bar code or
magnetic strip that may be scanned by the device.
(C) Rules adopted by the registrar of motor vehicles under
division (C) of section 4301.61 of the Revised Code apply to the
use of transaction scan devices for purposes of this section and
section 2925.58 of the Revised Code.
(D)(1) No seller or agent or employee of a seller shall
electronically or mechanically record or maintain any information
derived from a transaction scan, except the following:
(a) The name, address, and date of birth of the person listed
on the driver's or commercial driver's license or identification
card presented by a card holder;
(b) The expiration date and, identification number, and
issuing agency of the driver's or commercial driver's license or
identification card presented by a card holder.
(2) No seller or agent or employee of a seller shall use the
information that is derived from a transaction scan or that is
permitted to be recorded and maintained under division (D)(1) of
this section except for purposes of section 2925.58 or division
(A)(1) of section 3715.052 of the Revised Code.
(3) No seller or agent or employee of a seller shall use a
transaction scan device for a purpose other than the purpose
specified in division (B)(1) of this section.
(4) No seller or agent or employee of a seller shall sell or
otherwise disseminate the information derived from a transaction
scan to any third party, including, but not limited to, selling or
otherwise disseminating that information for any marketing,
advertising, or promotional activities, but a seller or agent or
employee of a seller may release that information pursuant to a
court order or as specifically authorized by section 2925.58 or
another section of the Revised Code.
(E) Nothing in this section or section 2925.58 of the Revised
Code relieves a seller or an agent or employee of a seller of any
responsibility to comply with any other applicable state or
federal laws or rules governing the sale, giving away, or other
distribution of pseudoephedrine products or ephedrine products.
(F) Whoever violates division (B)(2) or (D) of this section
is guilty of engaging in an illegal pseudoephedrine product or
ephedrine product transaction scan, and the court may impose upon
the offender a civil penalty of up to one thousand dollars for
each violation. The clerk of the court shall pay each collected
civil penalty to the county treasurer for deposit into the county
treasury.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.
(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the
same meanings as in section 2925.01 of the Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:
(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B) of section 4510.14 of the Revised Code, or division
(G) of section 4511.19 of the Revised Code or pursuant to any
other provision of the Revised Code that requires a term in a jail
for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of cocaine; at least two thousand five
hundred unit doses or two hundred fifty grams of heroin; at least
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form; at least fifty grams of a controlled substance analog; or at
least one hundred times the amount of any other schedule I or II
controlled substance other than marihuana that is necessary to
commit a felony of the third degree pursuant to section 2925.03,
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on
the possession of, sale of, or offer to sell the controlled
substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section
2929.13 and division (B) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.143, 2929.20,
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.
(CC) "Repeat violent offender" means a person about whom both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code. If an offender is serving a prison
term as a risk reduction sentence under sections 2929.143 and
5120.036 of the Revised Code, "stated prison term" includes any
period of time by which the prison term imposed upon the offender
is shortened by the offender's successful completion of all
assessment and treatment or programming pursuant to those
sections.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense,"
"violent sex offense," "sexual motivation specification,"
"sexually violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same meanings
as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender" have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.
(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by a wireless or landline telephone connection to a
central monitoring computer of the type described in division
(UU)(1)(c) of this section, and can transmit continuously an
appropriate signal to that central monitoring computer if the
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type described
in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device of
the type described in division (UU)(1)(a) of this section is
attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to subject a victim or victims to
involuntary servitude, as defined in section 2905.31 of the
Revised Code, to compel a victim or victims to engage in sexual
activity for hire, to engage in a performance that is obscene,
sexually oriented, or nudity oriented, or to be a model or
participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code or is a
violation of a law of any state other than this state that is
substantially similar to any of the sections or divisions of the
Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan and are not isolated instances.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
Sec. 3715.05. (A) As used in this section and section
sections 3715.051 to 3715.054 and 3715.06 of the Revised Code:
(1) "Consumer product" means any food or drink that is
consumed or used by humans and any drug, including a drug that may
be provided legally only pursuant to a prescription, that is
intended to be consumed or used by humans.
(2) "Drug," "licensed health professional authorized to
prescribe drugs," "pharmacy," "prescriber," "prescription," and
"terminal distributor of dangerous drugs" have the same meanings
as in section 4729.01 of the Revised Code.
(3) "Ephedrine" means any material, compound, mixture, or
preparation that contains any quantity of ephedrine, any of its
salts, optical isomers, or salts of optical isomers.
(4) "Ephedrine product" means a consumer product that
contains ephedrine.
(5) "Law enforcement official" means an officer or employee
of any agency or authority of the United States, a state, a
territory, a political subdivision of a state or territory, or an
Indian tribe, who is empowered by the law to investigate or
conduct an official inquiry into a potential violation of law or
prosecute or otherwise conduct a criminal, civil, or
administrative proceeding arising from an alleged violation of
law.
(6) "National precursor log exchange" or "exchange" means the
electronic system for tracking sales of pseudoephedrine products
and ephedrine products on a national basis that is administered by
the national association of drug diversion investigators or a
successor organization.
(7) "Pharmacist" means a person licensed under Chapter 4729.
of the Revised Code to engage in the practice of pharmacy.
(4)(8) "Proof of age" means a driver's license, a commercial
driver's license, a military identification card, a passport, or
an identification card issued under sections 4507.50 to 4507.52 of
the Revised Code that shows a person is eighteen years of age or
older.
(5)(9) "Pseudoephedrine" means any material, compound,
mixture, or preparation that contains any quantity of
pseudoephedrine, any of its salts, optical isomers, or salts of
optical isomers.
(6)(10) "Pseudoephedrine product" means a consumer product
consisting of a single-ingredient preparation of that contains
pseudoephedrine
in which pseudoephedrine is the active
ingredient.
"Pseudoephedrine product" does not include either of
the following:
(a) A consumer product containing pseudoephedrine that is in
a liquid, liquid capsule, or gel capsule form;
(b) A consumer product primarily intended for administration
to children under twelve years of age, according to the label
instructions, in solid dosage form, including chewable tablets,
when individual dosage units do not exceed fifteen milligrams of
pseudoephedrine.
(7)(11) "Retailer" means a place of business that offers
consumer products for sale to the general public.
(8)(12) "Single-ingredient preparation" means a compound,
mixture, preparation, or substance that contains a single active
ingredient.
(9)(13) "Stop-sale alert" means a notification sent from the
national precursor log exchange to a retailer or terminal
distributor of dangerous drugs indicating that the completion of a
sale of a pseudoephedrine product or ephedrine product would
result in a violation of division (A)(1) of section 2925.56 of the
Revised Code or federal law.
(14) "Wholesaler" has the same meaning as in section 3719.01
of the Revised Code.
(B) A retailer or terminal distributor of dangerous drugs
that sells, offers to sell, holds for sale, delivers, or otherwise
provides a pseudoephedrine product or ephedrine product to the
public shall do all of the following:
(1) Segregate pseudoephedrine products or ephedrine products
from other merchandise so that no member of the public may procure
or purchase such products without the direct assistance of a
pharmacist or other authorized employee of the retailer or
terminal distributor of dangerous drugs;
(2) With regard to each time a pseudoephedrine product or
ephedrine product is sold or otherwise provided without a valid
prescription:
(a) Determine, by examination of a valid proof of age, that
the purchaser or recipient is at least eighteen years of age;
(b) Make Using any information available, including
information from the national precursor log exchange if the
information is accessible, make a reasonable attempt to ensure
that no individual purchases or receives more than nine grams an
amount of pseudoephedrine
products within a period of thirty
consecutive days; product or ephedrine product that is greater
than either of the following:
(i) Three and six tenths grams within a period of a single
day;
(ii) Nine grams within a period of thirty consecutive days.
The maximum amounts specified in divisions (B)(2)(b)(i) and
(ii) of this section apply to the total amount of base
pseudoephedrine or base ephedrine in the pseudoephedrine product
or ephedrine product, respectively. The maximum amounts do not
apply to the product's overall weight.
(3) Maintain a log book of pseudoephedrine product or
ephedrine product purchases, in accordance with division (C) of
this section 3715.051 of the Revised Code;
(4) If required to comply with section 3715.052 of the
Revised Code, submit the information specified in divisions
(A)(1)(a) to (d) of that section to the national precursor log
exchange.
(C)(1) As used in division (C) of this section, "law
enforcement official" means an officer or employee of any agency
or authority of the United States, a state, a territory, a
political division of a state or territory, or an Indian tribe,
who is empowered by the law to investigate or conduct an official
inquiry into a potential violation of law or prosecute or
otherwise conduct a criminal, civil, or administrative proceeding
arising from an alleged violation of law.
(2) A retailer or terminal distributor of dangerous drugs
that sells, offers to sell, holds for sale, delivers, or otherwise
provides a pseudoephedrine product to the public shall maintain a
log book of all purchases of pseudoephedrine products. The log
book may be maintained in a tangible format, in an electronic
format, or in both a tangible format and an electronic format. As
part of this requirement, the retailer or terminal distributor of
dangerous drugs shall do all of the following:
(a) Require each purchaser to sign an entry in the log book
that is maintained in the electronic or tangible format;
(b) Determine whether the name signed in the entry in the log
book corresponds with the name on a government-issued
identification card;
(c) Retain the log book in a tangible format, in an
electronic format, or in both a tangible format and an electronic
format for a minimum of one year after the date of the last
purchase recorded in the log book;
(d) Include in the log book in the manner described in
division (C)(5) of this section or, in the alternative, post, in a
conspicuous location, the following statement: "Ohio law prohibits
the over-the-counter purchase within any period of thirty
consecutive days of more than nine grams of any consumer product
in which pseudoephedrine is the only active ingredient. If you
purchase a consumer product in which pseudoephedrine is the only
active ingredient, you are required to sign a log book that may be
accessible to law enforcement officers and to provide a
government-issued identification card to verify your identity.
Except in limited circumstances, the purchase within any period of
thirty consecutive days of more than nine grams of any consumer
product in which pseudoephedrine is the only active ingredient,
and the purchase by any individual under eighteen years of age of
any consumer product in which pseudoephedrine is the only active
ingredient, are subject to criminal prosecution or delinquency
proceedings in accordance with Ohio law. Also, the provision of
false information concerning an individual's name, age, or other
identification for the purpose of acquiring any consumer product
in which pseudoephedrine is the only active ingredient is subject
to criminal prosecution or delinquency proceedings in accordance
with Ohio law."
(3) Each purchaser of a pseudoephedrine product shall do all
of the following:
(a) Sign and print the purchaser's name and address in the
log book;
(b) Provide a government-issued identification card to the
retailer or terminal distributor of dangerous drugs to verify the
purchaser's identity.
(4) Information contained in the log book may not be used or
disclosed except in the following circumstances:
(a) In response to a court order or subpoena;
(b) In response to a request from a law enforcement official
to be used for law enforcement purposes.
(5) If a retailer or terminal distributor of dangerous drugs
chooses to include the statement set forth in division (C)(2)(d)
of this section in the log book maintained under division (C)(2)
of this section, the statement shall be set forth in the following
manner:
(a) If the log book is maintained in an electronic format,
the statement shall be set forth in such a manner that it is
presented on the viewing screen to each purchaser who is signing
an entry in the log book before the purchaser may sign the entry.
(b) If the log book is maintained in a tangible format, the
statement shall be set forth on the cover of the log book and on
each page of the log book.
(D) Prescriptions, orders, and records maintained pursuant to
this section and stocks of pseudoephedrine products and ephedrine
products shall be open for inspection to federal, state, county,
and municipal officers, and employees of the state board of
pharmacy whose duty it is to enforce the laws of this state or of
the United States relating to controlled substances. Such
prescriptions, orders, records, and stocks shall be open for
inspection by the state medical board and its employees for
purposes of enforcing Chapter 4731. of the Revised Code.
Sec. 3715.051. (A) A retailer or terminal distributor of
dangerous drugs that sells, offers to sell, holds for sale,
delivers, or otherwise provides a pseudoephedrine product or
ephedrine product to the public shall maintain a log book of all
purchases of pseudoephedrine products or ephedrine products made
without a valid prescription. The log book may be maintained in a
tangible format, in an electronic format, or in both formats. As
part of fulfilling this requirement, the retailer or terminal
distributor of dangerous drugs shall do all of the following:
(1) Require each individual who purchases a pseudoephedrine
product or ephedrine product without a valid prescription to sign
an entry in the log book;
(2) Determine whether the name signed in the entry in the log
book corresponds with the name on a government-issued
identification card;
(3) Retain the log book in a tangible format, in an
electronic format, or in both formats for a minimum of one year
after the date of the last purchase recorded in the log book or as
required by federal law;
(4) Include in the log book in the manner described in
division (D) of this section or, in the alternative, post in a
conspicuous location the following statement:
"Ohio law prohibits the over-the-counter purchase of a
consumer product containing a total amount of base pseudoephedrine
or base ephedrine that exceeds either three and six tenths grams
in a single day or nine grams within any period of thirty
consecutive days. If, without a valid prescription, you purchase a
consumer product containing pseudoephedrine or ephedrine, you are
required to sign a log book that may be accessible to law
enforcement officers and provide a government-issued
identification card to verify your identity. Except in limited
circumstances, the purchase of more than the permissible amount of
a consumer product containing pseudoephedrine or ephedrine, and
the purchase by any individual under eighteen years of age of a
consumer product containing pseudoephedrine or ephedrine, are
subject to criminal prosecution or delinquency proceedings in
accordance with Ohio law. Also, the provision of false information
concerning an individual's name, age, or other identification for
the purpose of acquiring a consumer product containing
pseudoephedrine or ephedrine is subject to criminal prosecution or
delinquency proceedings in accordance with Ohio law."
(B) Each individual who purchases a pseudoephedrine product
or ephedrine product without a valid prescription shall do both of
the following:
(1) Sign and print the purchaser's name in the log book;
(2) Present a government-issued identification card to the
retailer or terminal distributor of dangerous drugs to verify the
purchaser's identity.
(C) Information contained in the log book may not be used or
disclosed except in the following circumstances:
(1) In response to a court order or subpoena;
(2) In response to a request from a law enforcement official
to be used for law enforcement purposes;
(3) For purposes of complying with requirements in section
3715.052 of the Revised Code regarding the submission of
information to the national precursor log exchange.
(D) If a retailer or terminal distributor of dangerous drugs
chooses to include the statement set forth in division (A)(4) of
this section in the log book, the statement shall be set forth in
the following manner:
(1) If the log book is maintained in an electronic format,
the statement shall be set forth in such a manner that it is
presented on the viewing screen to each purchaser who is signing
an entry in the log book before the purchaser may sign the entry.
(2) If the log book is maintained in a tangible format, the
statement shall be set forth on the cover of the log book and on
each page of the log book.
Sec. 3715.052. The duty to comply with this section is
subject to the conditions specified in section 3715.053 of the
Revised Code.
(A)(1) Beginning June 1, 2013, a retailer or terminal
distributor of dangerous drugs shall submit the following
information to the national precursor log exchange regarding each
sale of pseudoephedrine product or ephedrine product that is not
made pursuant to a valid prescription:
(a) The purchaser's name and address;
(b) The name and quantity of the product purchased;
(c) The date and time of the purchase;
(d) The type of government-issued identification provided by
the purchaser at the time of purchase, pursuant to division (B)(2)
of section 3715.051 of the Revised Code, the identification
number, if any, on the identification, and the agency that issued
the identification.
(2) A retailer or terminal distributor of dangerous drugs
that is unable to complete an information submission required by
division (A)(1) of this section due to experiencing mechanical or
electronic failure of the equipment used to complete the
information submission or due to the temporary inability of the
retailer or terminal distributor to obtain internet service shall
do both of the following:
(a) Maintain a written or electronic record of the
information in division (A)(1) of this section;
(b) Complete the information submission as soon as
practicable after the mechanical or electronic failure has been
rectified or internet service has been restored.
(B)(1) Except as provided in division (B)(2) of this section,
a retailer or terminal distributor of dangerous drugs shall not
complete a sale if the exchange generates a stop-sale alert after
the information is submitted under division (A)(1) of this
section.
(2) A retailer or terminal distributor of dangerous drugs may
complete a sale even though the exchange has generated a stop-sale
alert if the retailer or terminal distributor of dangerous drugs
has a reasonable fear of imminent bodily harm should the sale not
be completed. To accommodate such circumstances, the retailer or
terminal distributor of dangerous drugs shall ensure that the
override function of the exchange has been enabled.
Sec. 3715.053. A retailer or terminal distributor of
dangerous drugs is not required to comply with section 3715.052 of
the Revised Code if one or more of the following are the case:
(A) There is any charge from the national precursor log
exchange for using the exchange, including a charge for obtaining
access to the exchange, submitting information to the exchange, or
receiving a stop-sale alert from the exchange.
(B) There is any fee from the exchange related to funding its
operation or maintenance.
(C) The equipment or software needed to use the exchange is
not technologically capable of interfacing with existing and
future operational systems used by a retailer or terminal
distributor of dangerous drugs.
Sec. 3715.054. A retailer or terminal distributor of
dangerous drugs is not liable in damages in a civil action for
injury, death, or loss to person or property resulting from any
act or omission in carrying out the duties specified in sections
3715.05, 3715.051, and 3715.052 of the Revised Code regarding the
sale of a pseudoephedrine product or ephedrine product, unless the
act or omission is negligent or reckless or constitutes willful or
wanton misconduct.
Sec. 3719.013. A Except as otherwise provided in section
2925.03 or 2925.11 of the Revised Code, a controlled substance
analog, to the extent intended for human consumption, shall be
treated for purposes of any provision of the Revised Code as a
controlled substance in schedule I.
Sec. 3719.41. Controlled substance schedules I, II, III, IV,
and V are hereby established, which schedules include the
following, subject to amendment pursuant to section 3719.43 or
3719.44 of the Revised Code.
SCHEDULE I
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted under federal drug abuse control
laws, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or
LAAM);
(7) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide);
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(26) Ethylmethylthiambutene;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
(35) 3-methylthiofentanyl
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-
phenylpropanamide);
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(B) Narcotics-opium derivatives
Any of the following opium derivatives, including their
salts, isomers, and salts of isomers, unless specifically excepted
under federal drug abuse control laws, whenever the existence of
these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(2) Acetyldihydrocodeine;
(4) Codeine methylbromide;
(10) Etorphine (except hydrochloride salt);
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
Any material, compound, mixture, or preparation that contains
any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers, unless specifically
excepted under federal drug abuse control laws, whenever the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the
purposes of this division only, "isomer" includes the optical
isomers, position isomers, and geometric isomers.
(1) Alpha-ethyltryptamine (some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl) indole; alpha-ET; and AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;
4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB; 2C-B, Nexus);
(4) 2,5-dimethoxyamphetamine (some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other
names: DOET);
(6) 4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"
and "STP");
(9) 3,4-methylenedioxy amphetamine (MDA);
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and
N-hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine (some trade or other names:
3-(beta-dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine);
(15) Diethyltryptamine (some trade or other names: N,
N-diethyltryptamine; DET);
(16) Dimethyltryptamine (some trade or other names: DMT);
(17) Ibogaine (some trade or other names:
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);
(18) Lysergic acid diethylamide;
(21) Parahexyl (some trade or other names: 3-hexyl-1-
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl);
(22) Peyote (meaning all parts of the plant presently
classified botanically as "Lophophora williamsii Lemaire," whether
growing or not, the seeds of that plant, any extract from any part
of that plant, and every compound, manufacture, salts, derivative,
mixture, or preparation of that plant, its seeds, or its
extracts);
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(27) Tetrahydrocannabinols (synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological
activity such as the following: delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers; delta-6-cis or
trans tetrahydrocannabinol, and their optical isomers;
delta-3,4-cis or trans tetrahydrocannabinol, and its optical
isomers. (Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions, are
covered.));
(28) Ethylamine analog of phencyclidine (some trade or other
names: N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE);
(29) Pyrrolidine analog of phencyclidine (some trade or other
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);
(30) Thiophene analog of phencyclidine (some trade or other
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog
of phencyclidine; TPCP; TCP);
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other
names: JWH-018);
(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other
names: JWH-073);
(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some
trade or other names: JWH-200);
(38)
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(some trade or other names: CP-47,497);
(39)
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some
trade or other names: cannabicyclohexanol; CP-47,497 C8
homologue);
(40) Methylone (3,4-methylenedioxymethcathinone);
(41) MDPV (3,4-methyenedioxypyrovalerone);
(42) Mephedrone (4-methylmethcathinone);
(43) 4-methoxymethcathinone;
(44) 4-fluoromethcathinone;
(45) 3-fluoromethcathinone
(1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone
(UR-144);
(36) 1-pentyl-3-(1-adamantoyl)indole (AB-001);
(37) N-adamantyl-1-pentylindole-3-carboxamide;
(38) N-adamantyl-1-pentylindazole-3-carboxamide (AKB48);
(39) 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
(methoxetamine);
(40) N,N-diallyl-5-methoxytryptamine (5MeO-DALT);
(41)
[1-(5-fluoropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-fluoropentyl-UR-144; XLR11);
(42)
[1-(5-chloropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-chloropentyl-UR-144);
(43)
[1-(5-bromopentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-bromopentyl-UR-144);
(44)
{1-[2-(4-morpholinyl)ethyl]indol-3-yl}-(2,2,3,3-tetramethylcyclopropyl)
methanone (A-796,260);
(45)
1-[(N-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole
(AM1248);
(46) N-adamantyl-1-(5-fluoropentylindole)-3-carboxamide;
(47) 5-(2-aminopropyl)benzofuran (5-APB);
(48) 6-(2-aminopropyl)benzofuran (6-APB);
(49) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(50) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(51) Benzothiophenylcyclohexylpiperidine (BTCP);
(52) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(53) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(54) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(56) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
(57) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
(58) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(59) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(60) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(61) 4-methoxymethamphetamine (PMMA);
(62) 5,6 - Methylenedioxy-2-aminoindane (MDAI);
(63) 5-iodo-2-aminoindiane (5-IAI);
(64) 2-(4-iodo-2,5-dimethoxyphenyl)-N-
[(2-methoxyphenyl)methyl]ethanamine(25I-NBOMe);
(65) Diphenylprolinol (diphenyl(pyrrolidin-2-yl)methanol,
D2PM);
(66) Desoxypipradrol (2-benzhydrylpiperidine);
(67) Synthetic cannabinoids - unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of a synthetic
cannabinoid found to be in any of the following chemical groups or
any of those groups which contain any synthetic cannabinoid salts,
isomers, or salts of isomers, whenever the existence of such
salts, isomers, or salts of isomers is possible within the
specific chemical groups:
(a) Naphthoylindoles: any compound containing a
3-(1-naphthoyl)indole structure with or without substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthoylindoles include, but are not limited to,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),
1-pentyl-3-(1-naphthoyl)indole (JWH-018), and
1-butyl-3-(1-naphthoyl)indole (JWH-073).
(b) Naphthylmethylindoles: any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure with or without
substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthylmethylindoles include, but are not limited to,
(1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175).
(c) Naphthoylpyrroles: any compound containing a
3-(1-naphthoyl)pyrrole structure with or without substitution at
the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the pyrrole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthoylpyrroles include, but are not limited to,
1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147).
(d) Naphthylmethylindenes: any compound containing a
naphthylmethylideneindene structure with or without substitution
at the 3-position of the indene ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indene group to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthylmethylindenes include, but are not limited to,
(1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176).
(e) Phenylacetylindoles: any compound containing a
3-phenylacetylindole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl,
cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl,
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted
on the indole ring to any extent or whether or not substituted on
the phenyl group to any extent. Phenylacetylindoles include, but
are not limited to, 1-pentyl-3-(2-methoxyphenylacetyl)indole
(JWH-250), and
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(f) Cyclohexylphenols: any compound containing a
2-(3-hydroxycyclohexyl)phenol structure with or without
substitution at the 5-position of the phenolic ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the cyclohexyl group to any
extent. Cyclohexylphenols include, but are not limited to,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(some trade or other names: CP-47,497) and
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some
trade or other names: cannabicyclohexanol; CP-47,497 C8
homologue).
(g) Benzoylindoles: any compound containing a
3-(1-naphthoyl)indole structure with or without substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the phenyl group to any
extent. Benzoylindoles include, but are not limited to,
1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4),
1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole
(Pravadoline or WIN 48, 098).
Any material, compound, mixture, or preparation that contains
any quantity of the following substances having a depressant
effect on the central nervous system, including their salts,
isomers, and salts of isomers, unless specifically excepted under
federal drug abuse control laws, whenever the existence of these
salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(1) Aminorex (some other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine);
(2) Cathinone (some trade or other names:
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
2-aminopropiophenone, and norephedrone);
(4) Methcathinone (some other names:
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;
2-methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and
UR1432, its salts, optical isomers, and salts of optical isomers;
(5)(3) (+/-)cis-4-methylaminorex
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(6)(4) N-ethylamphetamine;
(7)(5) N,N-dimethylamphetamine (also known as
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(6) N-methyl-1-(thiophen-2-yl) propan-2-amine
(Methiopropamine);
(7) Substituted cathinones - any compound except bupropion or
compounds listed under a different schedule, structurally derived
from 2-aminopropan-1-one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(a) By substitution in the ring system to any extent with
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(b) By substitution at the 3-position with an acyclic alkyl
substituent;
(c) By substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl, or methoxybenzyl groups;
(d) By inclusion of the 2-amino nitrogen atom in a cyclic
structure.
Examples of substituted cathinones include, but are not
limited to, methylone (3,4-methylenedioxymethcathinone), MDPV
(3,4-methylenedioxypyrovalerone), mephedrone
(4-methylmethcathinone), 4-methoxymethcathinone,
4-fluoromethcathinone, 3-fluoromethcathinone, Pentedrone
(2-(methylamino)-1-phenyl-1-pentanone), pentylone
(1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-pentanone),
2-(1-pyrrolidinyl)-1-(4-methylphenyl)-1-propanone, alpha-PVP
(1-phenyl-2-(1-pyrrodinyl)-1-pentanone), cathinone
(2-amino-1-phenyl-1-propanone), and methcathinone
(2-(methylamino)-propiophenone).
SCHEDULE II
(A) Narcotics-opium and opium derivatives
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction
from substances of vegetable origin, independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine,
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but
including the following:
(c) Opium fluid extracts;
(i) Etorphine hydrochloride;
(2) Any salt, compound, derivative, or preparation thereof
that is chemically equivalent to or identical with any of the
substances referred to in division (A)(1) of this schedule, except
that these substances shall not include the isoquinoline alkaloids
of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine, their
salts, isomers, and derivatives, and salts of those isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof that is chemically equivalent to or identical with any of
these substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form that contains the
phenanthrene alkaloids of the opium poppy).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of these
isomers, esters, ethers, and salts is possible within the specific
chemical designation, but excluding dextrorphan and
levopropoxyphene:
(5) Bulk dextropropoxyphene (non-dosage forms);
(11) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);
(16) Methadone-intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, its optical isomers, and salts of
its optical isomers;
(2) Methamphetamine, its salts, its isomers, and salts of its
isomers;
(4) Phenmetrazine and its salts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(2) Gamma-hydroxy-butyrate;
(5) Phencyclidine (some trade or other names:
1-(1-phenylcyclohexyl)piperidine; PCP);
(7) 1-aminophenylcyclohexane and all N-mono-substituted
and/or all N-N-disubstituted analogs including, but not limited
to, the following:
(a) 1-phenylcyclohexylamine;
(b) (1-phenylcyclohexyl) methylamine;
(c) (1-phenylcyclohexyl) dimethylamine;
(d) (1-phenylcyclohexyl) methylethylamine;
(e) (1-phenylcyclohexyl) isopropylamine;
(f) 1-(1-phenylcyclohexyl) morpholine.
(E) Hallucinogenic substances
(1) Nabilone (another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(a) Phenylacetone (some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone);
(2) Immediate precursors to phencyclidine (PCP):
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) All stimulant compounds, mixtures, and preparations
included in schedule III pursuant to the federal drug abuse
control laws and regulations adopted under those laws;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs, and one or more other active medicinal ingredients
that are not listed in any schedule;
(2) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs and
approved by the food and drug administration for marketing only as
a suppository;
(3) Any substance that contains any quantity of a derivative
of barbituric acid or any salt of a derivative of barbituric acid;
(5) Ketamine, its salts, isomers, and salts of isomers (some
other names for ketamine:
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(9) Sulfondiethylmethane;
(12) Tiletamine, zolazepam, or any salt of tiletamine or
zolazepam (some trade or other names for a tiletamine-zolazepam
combination product: Telazol); (some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;
flupyrazapon).
(D) Narcotics-narcotic preparations
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, esters, isomers, and
salts of esters and isomers, whenever the existence of these
salts, esters, and isomers is possible within the specific
chemical designation:
(1) Anabolic steroids. Except as otherwise provided in
division (E)(1) of schedule III, "anabolic steroids" means any
drug or hormonal substance that is chemically and
pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) and that promotes muscle growth.
"Anabolic steroids" does not include an anabolic steroid that is
expressly intended for administration through implants to cattle
or other nonhuman species and that has been approved by the United
States secretary of health and human services for that
administration, unless a person prescribes, dispenses, or
distributes this type of anabolic steroid for human use. "Anabolic
steroid" includes, but is not limited to, the following:
(b) Chlorotestosterone (4-chlortestosterone);
(d) Dehydrochlormethyltestosterone;
(e) Dihydrotestosterone (4-dihydrotestosterone);
(i) Formebulone (formebolone);
(bb) Any salt, ester, isomer, or salt of an ester or isomer
of a drug or hormonal substance described or listed in division
(E)(1) of schedule III if the salt, ester, or isomer promotes
muscle growth.
(F) Hallucinogenic substances
(1) Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a United States food and drug
administration approved drug product (some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
Unless specifically excepted by federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than one milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane)[final dosage forms].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(32) Methylphenobarbital (mephobarbital);
Any material, compound, mixture, or preparation that contains
any quantity of the following substances, including their salts,
their optical isomers, position isomers, or geometric isomers, and
salts of these isomers, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(8) Pemoline (including organometallic complexes and chelates
thereof);
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts:
(2) Butorphanol (including its optical isomers).
SCHEDULE V
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, and their salts, as set forth below:
(B) Narcotics-narcotic preparations
Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or preparation that contains
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, and that includes one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
Unless specifically exempted or excluded under federal drug
abuse control laws or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers, and
salts of isomers:
(1) Ephedrine, except as provided in division (K) of section
3719.44 of the Revised Code;
Section 2. That existing sections 2925.01, 2925.03, 2925.11,
2925.55, 2925.56, 2925.57, 2929.01, 3715.05, 3719.013, and 3719.41
of the Revised Code are hereby repealed.
Section 3. The amendment of sections 2925.55, 2925.56,
2925.57, and 3715.05 and the enactment of sections 109.89,
3715.051, 3715.052, 3715.053, and 3715.054 of the Revised Code
take effect ninety days after the effective date of this section.
Section 4. Section 2925.11 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
Section 5. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
state and local law enforcement agencies need, without delay, the
additional tools made available by this act to combat the
production, use, and distribution of methamphetamine and certain
synthetic drugs that are increasingly being abused and result in
serious health outcomes. Therefore, this act shall go into
immediate effect.
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