For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words, terms and phrases and their derivatives used in this chapter which are not defined in this section shall have the meanings given to them in the Ohio Revised Code.
ADMINISTER. The direct application of a drug, whether by injection, inhalation, ingestion or any other means to a person or an animal.
ADULTERATE. To cause a drug to be adulterated as described in R.C. § 3715.63.
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 (2) or (5) of this definition, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 25 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 30 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 20 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 120 grams or 30 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 (21 U.S.C. §§ 301 et seq., as amended) and the federal drug abuse control laws, as defined in this section, that is or contains any amount of a Schedule II depressant substance or a Schedule II hallucinogenic substance; or
(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 (21 U.S.C. §§ 301 et seq., as amended) and the federal drug abuse control laws;
(2) An amount equal to or exceeding 120 grams or 30 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 20 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 250 milliliters or 250 grams of a compound, mixture, preparation or substance that is or contains any amount of a Schedule V substance; or
(5) An amount equal to or exceeding 200 solid dosage units, 16 grams, or 16 milliliters of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III anabolic steroid.
CERTIFIED GRIEVANCE COMMITTEE. A duly constituted and organized committee of the Ohio State Bar Association or of one or more local bar associations of the state that complies with the criteria set forth in Rule V, § 6 of the Rules for the Government of the Bar of Ohio.
COCAINE. 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; or
(3) A salt, compound, derivative or preparation of a substance identified in division (1) or (2) of this definition 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.
COMMITTED IN THE VICINITY OF A JUVENILE. An offense is COMMITTED IN THE VICINITY OF A JUVENILE if the offender commits the offense within 100 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 100 feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.
COMMITTED IN THE VICINITY OF A SCHOOL. 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 1,000 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 1,000 feet of the boundaries of any school premises.
CONTROLLED SUBSTANCE. A drug, compound, mixture, preparation or substance included in Schedule I, II, III, IV or V of R.C. § 3719.41.
CONTROLLED SUBSTANCE ANALOG.
(1) The phrase means, except as provided in division (2) of this definition, a substance to which both of the following apply:
(a) The chemical structure of the substance is substantially similar to the structure of a controlled substance in Schedule I or II; and
(b) One of the following applies regarding the substance:
1. The substance has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or
2. With respect to a particular person, that person represents or intends the substance to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
(2) The phrase does not include any of the following:
(a) A controlled substance;
(b) Any substance for which there is an approved new drug application;
(c) With respect to a particular person, any substance if an exemption is in effect for investigational use for that person pursuant to federal law to the extent that conduct with respect to that substance is pursuant to that exemption; or
(d) Any substance to the extent it is not intended for human consumption before the exemption described in division (2)(c) of this definition takes effect with respect to that substance.
(3) Except as otherwise provided in R.C. § 2925.03 or R.C. § 2925.11, a CONTROLLED SUBSTANCE ANALOG, to the extent intended for human consumption, shall be treated for purposes of any provision of this code or the Ohio Revised Code as a controlled substance in Schedule I.
COUNTERFEIT CONTROLLED SUBSTANCE. 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 the 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; or
(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.
CULTIVATE. Includes planting, watering, fertilizing or tilling.
DANGEROUS DRUG. Any of the following:
(1) Any drug to which either of the following applies:
(a) Under the Federal Food, Drug and Cosmetic Act, is required to bear a label containing the legend “Caution: Federal law prohibits dispensing without a prescription” or “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian” or any similar restrictive statement, or may be dispensed only upon a prescription; or
(b) Under R.C. Chapter 3715 or 3719, may be dispensed only upon a prescription.
(2) Any drug that contains a Schedule V controlled substance and that is exempt from R.C. Chapter 3719 or to which that chapter does not apply; or
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.
DECEPTION. Has the same meaning as in R.C. § 2913.01.
DISCIPLINARY COUNSEL. The disciplinary counsel appointed by the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court under the Rules for the Government of the Bar of Ohio.
DISPENSE. Means to sell, leave with, give away, dispose of or deliver.
DISTRIBUTE. Means to deal in, ship, transport or deliver, but does not include administering or dispensing a drug.
DRUG. Any of the following:
(1) Any article recognized in the official United States pharmacopeia, national formulary or any supplement intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals;
(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals;
(3) Any article, other than food, intended to affect the structure or any function of the body of humans or other animals; or
(4) Any article intended for use as a component of any article specified in division (1), (2) or (3) above; but does not include devices or their components, parts or accessories.
DRUG ABUSE OFFENSE. Any of the following:
(1) A violation of R.C. § 2913.02(A) that constitutes theft of drugs, or any violation of R.C. § 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;
(2) A violation of an existing or former law of a municipality, state or any other state or of the United States, that is substantially equivalent to any section listed in division (1) of this definition;
(3) An offense under an existing or former law of a municipality, state 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; or
(4) A conspiracy to commit, attempt to commit, or complicity in committing or attempting to commit, any offense under division (1), (2) or (3) of this definition.
DRUG DEPENDENT PERSON. Any person who, by reason of the use of any drug of abuse, is physically and/or psychologically dependent upon the use of such drug to the detriment of the person’s health or welfare.
DRUG OF ABUSE. Any controlled substance, any harmful intoxicant and any dangerous drug, as defined in this section.
FEDERAL DRUG ABUSE CONTROL LAWS. The Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§ 801 et seq., as amended.
FELONY DRUG ABUSE OFFENSE. Any drug abuse offense that would constitute a felony under the laws of this state, any other state or the United States.
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; or
(d) Any anesthetic gas.
(2) Gamma Butyrolactone; or
(3) 1,4 Butanediol.
HASHISH. 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.
HYPODERMIC. A hypodermic syringe or needle, or other instrument or device for the injection of medication.
JUVENILE. A person under 18 years of age.
LABORATORY. A laboratory approved by the State Board of Pharmacy as proper to be entrusted with the custody of controlled substances and the use of controlled substances for scientific and clinical purposes and for purposes of instruction.
LAWFUL PRESCRIPTION. 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.
LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or PRESCRIBER. An individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual’s professional practice, including only the following:
(1) A dentist licensed under R.C. Chapter 4715;
(2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under R.C. § 4723.48;
(3) An optometrist licensed under R.C. Chapter 4725 to practice optometry under a therapeutic pharmaceutical agent’s certificate;
(4) A physician authorized under R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
(5) A physician assistant who holds a certificate to prescribe issued under R.C. Chapter 4730; or
(6) A veterinarian licensed under R.C. Chapter 4741.
L.S.D. Lysergic acid diethylamide.
MAJOR DRUG OFFENDER. Has the same meaning as in R.C. § 2929.01.
MANDATORY PRISON TERM. Has the same meaning as in R.C. § 2929.01.
MANUFACTURE. 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.
MANUFACTURER. A person who manufactures a controlled substance, as “manufacture” is defined by this section.
MARIHUANA. All parts of a plant of the genus cannabis, whether growing or not, the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture or preparation of a plant of that type or of its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake or the sterilized seed of the plant that is incapable of germination. The term does not include hashish.
METHAMPHETAMINE. 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.
MINOR DRUG POSSESSION OFFENSE. Either of the following:
(1) A violation of R.C. § 2925.11 as it existed prior to July 1, 1996, or a substantially equivalent municipal ordinance; or
(2) A violation of R.C. § 2925.11 as it exists on and after July 1, 1996, or a substantially equivalent municipal ordinance, that is a misdemeanor or a felony of the fifth degree.
OFFICIAL WRITTEN ORDER. An order written on a form provided for that purpose by the Director of the United States Drug Enforcement Administration, under any laws of the United States making provision for the order, if the order forms are authorized and required by federal law.
PERSON. Means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.
PHARMACIST. A person licensed under R.C. Chapter 4729 to engage in the practice of pharmacy.
PHARMACY. Except when used in a context that refers to the practice of pharmacy, means any area, room, rooms, place of business, department or portion of any of the foregoing, where the practice of pharmacy is conducted.
POSSESS or POSSESSION. 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.
PRESCRIPTION. A written, electronic or oral order for drugs or combination or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs.
PRESUMPTION FOR A PRISON TERM or PRESUMPTION THAT A PRISON TERM SHALL BE IMPOSED. A presumption as described in R.C. § 2929.13(D) that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under R.C. § 2929.11.
PROFESSIONAL LICENSE. Any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate or temporary registration that is described in R.C. § 2925.01(W)(1) through (W)(36) and that qualifies a person as a professionally licensed person.
PROFESSIONALLY LICENSED PERSON. 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 R.C. Chapter 3719;
(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 R.C. Chapter 4701 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 R.C. Chapter 4703;
(4) A person who is registered as a landscape architect under R.C. Chapter 4703 or who holds a permit as a landscape architect issued under that chapter;
(5) A person licensed under R.C. Chapter 4707;
(6) A person who has been issued a certificate of registration as a registered barber under R.C. Chapter 4709;
(7) A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of R.C. Chapter 4710;
(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 R.C. Chapter 4713;
(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 R.C. Chapter 4715;
(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 R.C. Chapter 4717;
(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 R.C. Chapter 4723;
(12) A person who has been licensed to practice optometry or to engage in optical dispensing under R.C. Chapter 4725;
(13) A person licensed to act as a pawnbroker under R.C. Chapter 4727;
(14) A person licensed to act as a precious metals dealer under R.C. Chapter 4728;
(15) A person licensed as a pharmacist, a pharmacy intern, a wholesale distributor of dangerous drugs or a terminal distributor of dangerous drugs under R.C. Chapter 4729;
(16) A person who is authorized to practice as a physician assistant under R.C. Chapter 4730;
(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 R.C. Chapter 4731;
(18) A person licensed as a psychologist or school psychologist under R.C. Chapter 4732;
(19) A person registered to practice the profession of engineering or surveying under R.C. Chapter 4733;
(20) A person who has been issued a license to practice chiropractic under R.C. Chapter 4734;
(21) A person licensed to act as a real estate broker or real estate salesperson under R.C. Chapter 4735;
(22) A person registered as a registered sanitarian under R.C. Chapter 4736;
(23) A person licensed to operate or maintain a junkyard under R.C. Chapter 4737;
(24) A person who has been issued a motor vehicle salvage dealer’s license under R.C. Chapter 4738;
(25) A person who has been licensed to act as a steam engineer under R.C. Chapter 4739;
(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 R.C. Chapter 4741;
(27) A person who has been issued a hearing aid dealer’s or fitter’s license or trainee permit under R.C. Chapter 4747;
(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 R.C. Chapter 4749;
(29) A person licensed and registered to practice as a nursing home administrator under R.C. Chapter 4751;
(30) A person licensed to practice as a speech-language pathologist or audiologist under R.C. Chapter 4753;
(31) A person issued a license as an occupational therapist or physical therapist under R.C. Chapter 4755;
(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 R.C. Chapter 4757;
(33) A person issued a license to practice dietetics under R.C. Chapter 4759;
(34) A person who has been issued a license or limited permit to practice respiratory therapy under R.C. Chapter 4761;
(35) A person who has been issued a real estate appraiser certificate under R.C. Chapter 4763; or
(36) A person who has been admitted to the bar by order of the Ohio Supreme Court in compliance with its prescribed and published rules.
PUBLIC PREMISES. Any hotel, restaurant, tavern, store, arena, hall or other place of public accommodation, business, amusement or resort.
SALE. Includes delivery, barter, exchange, transfer or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant or employee.
SAMPLE DRUG. 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.
SCHEDULE I, II, III, IV OR V. Controlled substance Schedules I, II, III, IV and V established pursuant to R.C. § 3719.41, as amended pursuant to R.C. § 3719.43 or 3719.44.
SCHOOL. Any school operated by a board of education, any community school established under R.C. Chapter 3314, or any nonpublic school for which the State Board of Education prescribes minimum standards under R.C. § 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.
SCHOOL BUILDING. 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.
SCHOOL PREMISES. 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; or
(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 R.C. Chapter 3314 or the governing body of a nonpublic school for which the State Board of Education prescribes minimum standards under R.C. § 3301.07 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.
STANDARD PHARMACEUTICAL REFERENCE MANUAL. The current edition, with cumulative changes if any, of references that are approved by the State Board of Pharmacy.
THEFT OFFENSE. Has the same meaning as in R.C. § 2913.01.
UNIT DOSE. An amount or unit or 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.
WHOLESALER. A person who, on official written orders other than prescriptions, supplies controlled substances that the person has not manufactured, produced or prepared personally and includes WHOLESALE DISTRIBUTOR OF DANGEROUS DRUGS, which means a person engaged in the sale of dangerous drugs at wholesale and includes any agent or employee of that person authorized by that person to engage in the sale of dangerous drugs at wholesale.
(R.C. §§ 2925.01, 3719.01, 3719.011, 3719.013, 4729.01)