(a) Possession of a hypodermic is authorized for:
(1) Any manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, and any authorized agent or employee of such manufacturer, distributor or dealer, in the regular course of business;
(2) A hospital, owner of a pharmacy or pharmacist in the regular course of business;
(3) Any practitioner, nurse or other person authorized to administer injections, in the regular course of the person’s profession or employment;
(4) Any person, when the hypodermic was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed by a practitioner for the treatment of disease;
(5) Any person whose use of a hypodermic is for legal research, clinical, educational or medical purposes;
(6) Any farmer, for the lawful administration of a drug to an animal;
(7) Any person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
(b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no owner of a pharmacy, or pharmacist, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to subsection (a) hereof shall negligently fail to take reasonable precautions to prevent any hypodermic in the person’s possession from theft or acquisition by any unauthorized person.
(c) A pharmacist or person under the direct supervision of a pharmacist may furnish hypodermics to another without a prescription by a practitioner, but the pharmacist or person being supervised shall require positive identification of each person to whom hypodermics are furnished, and shall keep a written record of each transaction, including the date, the type and quantity of the articles furnished, and the name, address and signature of the person to whom such articles are furnished. Such records shall be retained in the same manner as the exempt narcotics register. No pharmacist or person under a pharmacist’s supervision shall fail to comply with this subsection (c) in furnishing hypodermics.
(ORC 3719.172)
(d) Whoever violates this section is guilty of a misdemeanor of the third degree. If, however, the offender previously has been convicted of a violation of this section, Ohio R.C. 3719.05, 3719.06, 3729.13, 3719.172(B) or (E), or 3719.31 or a drug abuse offense, or if the offense was committed on school premises or in a school building or within 1,000 feet of the boundaries of any school premises, a violation of this section is a misdemeanor of the first degree.
(Ord. 102-95. Passed 7-17-95.)