(a) No person shall knowingly convey or attempt to convey, onto the grounds of a detention facility or of an institution that is under the control of the Ohio Department of Mental Health or Department of Mental Retardation and Developmental Disabilities pursuant to Ohio R.C. 5123.11, any of the following items:
(1) Any drug of abuse, as defined in Ohio R.C. 3719.11;
(2) Any intoxicating liquor, as defined in Ohio R.C. 4301.01.
(b) Subsection (a) hereof does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution under the control of the Ohio Department of Mental Health or Department of Mental Retardation and Developmental Disabilities pursuant to the written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution.
(c) No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility or to any patient in an institution under the control of the Department of Mental Health or Department of Mental Retardation and Developmental Disabilities pursuant to Ohio R.C. 5123.11, any item listed in subsection (a) hereof.
(d) It is an affirmative defense to a charge under subsection (c) hereof that the actor was not otherwise prohibited by law from delivering the item to the confined person or the patient and that any of the following apply:
(1) The actor was permitted by the written rules of the detention facility or the institution to deliver the item to the confined person or the patient.
(2) The actor was given written authorization by the person in charge of the detention facility or the institution to deliver the item to the confined person or the patient.
(e) Whoever violates subsection (a) hereof or commits a violation of subsection (c) hereof involving an item listed in subsection (a) hereof is guilty of illegal conveyance of prohibited items onto the grounds of a detention facility or mental health or mental retardation facility, a misdemeanor of the second degree.
(Ord. 1979-103. Passed 6-4-79.)