(A) No person shall knowingly do any of the following:
(1) Sell or offer to sell a controlled substance in an amount less than the minimum bulk amount;
(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe the controlled substance is intended for sale or resale by the offender or another;
(3) Cultivate, manufacture, or otherwise engage in any part of the production of a controlled substance;
(4) Possess a controlled substance in an amount equal to or exceeding the bulk amount but in an amount less than three times that amount;
(5) Sell or offer to sell a controlled substance in an amount equal to or exceeding the bulk amount but in an amount less than three times that amount;
(6) Possess a controlled substance in an amount equal to or exceeding three times the bulk amount, but in an amount less than 100 times that amount;
(7) Sell or offer to sell a controlled substance in an amount equal to or exceeding three times the bulk amount, but in an amount less than 100 times that amount;
(8) Provide money or other items of value to another person with the purpose that the recipient of the money or items of value would use them to obtain controlled substances for the purpose of selling or offering to sell the controlled substances in amounts exceeding a bulk amount or for the purpose of violating division (A)(3) of this section;
(9) Possess a controlled substance in an amount equal to or exceeding 100 times the bulk amount;
(10) Sell or offer to sell a controlled substance in an amount equal to or exceeding 100 times the bulk amount.
(B) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4729, 4731, and 4741.
(C) If the drug involved is any compound, mixture, preparation, or balance included in schedule I with the exception of marihuana or in schedule II, whoever violates this section is guilty of aggravated trafficking.
(1) Where the offender has violated division (A)(1) of this section, aggravated trafficking is a felony of the third degree, except that 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 or the offender previously has been convicted of a felony drug abuse offense, aggravated trafficking is a felony of the second degree.
(2) Where the offender has violated division (A)(2) of this section, aggravated trafficking is a felony of the third degree, except that if the offender previously has been convicted of a felony drug abuse offense, aggravated trafficking is a felony of the second degree.
(3) Where the offender has violated division (A)(3) of this section, aggravated trafficking is a felony of the second degree and the court shall impose a sentence of actual incarceration of three years except that if the offender previously has been convicted of a felony drug abuse offense, aggravated trafficking is a felony of the first degree and the court shall impose a sentence of actual incarceration of five years.
(4) Where the offender has violated division (A)(4) of this section, aggravated trafficking is a felony of the third degree, and the court shall impose a sentence of actual incarceration of 18 months, except that if the offender previously has been convicted of a felony drug abuse offense, aggravated trafficking is a felony of the second degree, and the court shall impose a sentence of actual incarceration of three years.
(5) Where the offender has violated division (A)(5) of this section, aggravated trafficking is a felony of the second degree and the court shall impose a sentence of actual incarceration of three years, except that 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 or the offender previously has been convicted of a felony drug abuse offense, aggravated trafficking is a felony of the first degree, and the court shall impose a sentence of actual incarceration of five years.
(6) Where the offender has violated division (A)(6) of this section, aggravated trafficking is a felony of the second degree and the court shall impose a sentence of actual incarceration of three years, except that if the offender previously has been convicted of a felony drug abuse offense, aggravated trafficking is a felony of the first degree and the court shall impose a sentence of actual incarceration of five years.
(7) Where the offender has violated division (A)(7) of this section, aggravated trafficking is a felony of the first degree and the court shall impose a sentence of actual incarceration of five years, except that 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 or the offender previously has been convicted of a felony drug abuse offense, the court shall impose a sentence of actual incarceration of at least seven years.
(8) Where the offender has violated division (A)(8) of this section, aggravated trafficking is a felony of the first degree and the court shall impose a sentence of actual incarceration of seven years, except that if the offender previously has been convicted of a felony drug abuse offense, the court shall impose a sentence of actual incarceration of ten years.
(9) Where the offender has violated division (A)(9) of this section, aggravated trafficking is a felony of the first degree, and the court shall impose an indefinite term of imprisonment of 15 years to life for the offense, with the minimum term of 15 years being a sentence of actual incarceration.
(10) Where the offender has violated division (A)(10) of this section, aggravated trafficking is a felony of the first degree, and the court shall impose an indefinite term of imprisonment of 15 years to life for the offense, with the minimum term of 15 years being a sentence of actual incarceration, except that, 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 or the offender previously has been convicted of a felony drug abuse offense, the court shall impose an indefinite term of imprisonment of 20 years to life for the offense, with the minimum term of 20 years being a sentence of actual incarceration.
(D) If the drug involved is any compound, mixture, preparation, or substance included in schedule III, IV, or V, whoever violates this section is guilty of trafficking in drugs.
(1) Where the offender has violated division (A)(1) of this section, trafficking in drugs is a felony of the fourth degree, except that 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 or the offender previously has been convicted of a drug abuse offense, trafficking in drugs is a felony of the third degree.
(2) Where the offender has violated division (A)(2) or (11) of this section, trafficking in drugs is a felony of the fourth degree, except that if the offender previously has been convicted of a drug abuse offense, trafficking in drugs is a felony of the third degree.
(3) Where the offender has violated division (A)(3) of this section, trafficking in drugs is a felony of the third degree and the court shall impose a sentence of actual incarceration of one year, except that if the offender previously has been convicted of a felony drug abuse offense, trafficking in drugs is a felony of the second degree, and the court shall impose a sentence of actual incarceration of two years.
(4) Where the offender has violated division (A)(4) of this section, trafficking in drugs is a felony of the fourth degree and the court shall impose a sentence of actual incarceration of six months, except that if the offender previously has been convicted of a felony drug abuse offense, trafficking in drugs is a felony of the third degree and the court shall impose a sentence of actual incarceration of 18 months.
(5) Where the offender has violated division (A)(5) of this section, trafficking in drugs is a felony of the third degree and the court shall impose a sentence of actual incarceration of one year, except that 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 or the offender previously has been convicted of a felony drug abuse offense, trafficking in drugs is a felony of the second degree and the court shall impose a sentence of actual incarceration of two years.
(6) Where the offender has violated division (A)(6) or (9) of this section, trafficking in drugs is a felony of the third degree and the court shall impose a sentence of actual incarceration of 18 months, except that if the offender previously has been convicted of a felony drug abuse offense, trafficking in drugs is a felony of the second degree and the court shall impose a sentence of actual incarceration of three years.
(7) Where the offender has violated division (A)(7) or (10) of this section, trafficking in drugs is a felony of the second degree and the court shall impose a sentence of actual incarceration of two years, except that 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 or the offender previously has been convicted of a felony drug abuse offense, trafficking in drugs is a felony of the first degree and the court shall impose a sentence of actual incarceration of four years.
(8) Where the offender has violated division (A)(8) of this section, trafficking in drugs is a felony of the first degree and the court shall impose a sentence of actual incarceration of five years, except that if the offender previously has been convicted of a felony drug abuse offense, the court shall impose a sentence of actual incarceration of seven years.
(E) If the drug involved is marihuana, whoever violates this section is guilty of trafficking in marihuana.
(1) Where the offender has violated division (A)(1) of this section, trafficking in marihuana is a felony of the fourth degree except that 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 or the offender previously has been convicted of a felony drug abuse offense, trafficking in marihuana is a felony of the third degree.
(2) Where the offender has violated division (A)(2), (3), or (4) of this section, trafficking in marihuana is a felony of the fourth degree except that if the offender previously has been convicted of a felony drug abuse offense, trafficking in marihuana is a felony of the third degree.
(3) Where the offender has violated division (A)(5) of this section, trafficking in marihuana is a felony of the third degree except that if the offender commits the offense on school premises, in a school building, or within 1,000 feet of the boundaries of any school or the offender previously has been convicted of a felony drug abuse offense, trafficking in marihuana is a felony of the second degree.
(4) Where the offender has violated division (A)(6) or (9) of this section, trafficking in marihuana is a felony of the third degree except that if the offender previously has been convicted of a felony drug abuse offense, trafficking in marihuana is a felony of the second degree.
(5) Where the offender has violated division (A)(7) or (10) of this section, trafficking in marihuana is a felony of the second degree and the court shall impose a sentence of actual incarceration of six months, except that 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 or the offender previously has been convicted of a felony drug abuse offense, the court shall impose a sentence of actual incarceration of one year.
(6) Where the offender has violated division (A)(8) of this section, trafficking in marihuana is a felony of the second degree and the court shall impose a sentence of actual incarceration of one year, except that if the offender previously has been convicted of a felony drug abuse offense, the court shall impose a sentence of actual incarceration of two years.
(7) If the offense involves a gift of 20 grams or less of marihuana and the offense does not involve a violation of division (A)(1), (5), (7), or (10) of this section that was committed on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises, trafficking in marihuana is a minor misdemeanor for the first offense, and, for any subsequent offense, it is a misdemeanor of the third degree. If the offense involves a gift of 20 grams or less of marihuana and the offense involves a violation of division (A)(1), (5), (7), or (10) of this section that was committed on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises, trafficking in marihuana is a misdemeanor of the third degree.
(F) It shall be an affirmative defense, as provided in R.C. § 2901.05, to a charge under this section for possessing a bulk amount of a controlled substance or for cultivating marihuana that the substance which gave rise to the charge is in such amount, in such form, or is prepared, compounded, or mixed with substances which are not controlled substances in such a manner, or is possessed or cultivated in any other circumstances whatsoever as to indicate that the substance was solely for personal use.
(G) When a person is charged with possessing a bulk amount or a multiple of a bulk amount, 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 and it is sufficient if the finding and return is to the effect that the amount of the controlled substance involved is a bulk amount or the requisite multiple of a bulk amount, or that the amount of the controlled substance involved is less than a bulk amount or the requisite multiple of a bulk amount.
(H) Notwithstanding the fines otherwise required to be imposed pursuant to R.C. §§ 2929.11 or 2929.31 for violations of this section and notwithstanding R.C. § 2929.14, the court shall impose the following mandatory fines upon a person convicted of aggravated trafficking, trafficking in drugs, or trafficking in marihuana:
(1) If the offense is trafficking in marihuana and a violation of division (A)(1) of this section, the court shall impose a mandatory fine of $1,000 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $2,000.
(2) If the offense is trafficking in drugs and a violation of division (A)(1) of this section, the court shall impose a mandatory fine of $1,500 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $3,000.
(3) If the offense is trafficking in marihuana and a violation of division (A)(2), (3), or (4) of this section, or if the offense is trafficking in drugs and a violation of division (A)(2) of this section, the court shall impose a man datory fine of $2,000 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $4,000.
(4) If the offense is aggravated trafficking and a violation of division (A)(1) of this section, or if the offense is trafficking in drugs and a violation of division (A)(3) of this section, the court shall impose a mandatory fine of $2,500 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a man datory fine of $5,000.
(5) If the offense is trafficking in marihuana and a violation of division (A)(5), (6) or (9) of this section, or if the offense is trafficking in drugs and a violation of division (A)(4), (5), (6) or (9) of this section, the court shall impose a mandatory fine of $3,000 and, if the offender has pre viously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $6,000.
(6) If the offense is trafficking in marihuana and a violation of division (A)(7) or (10) of this section, if the offense is trafficking in drugs and a violation of division (A)(7), (10), or (11) of this section, or if the offense is aggravated trafficking and a violation of division (A)(2), (4), (5), (6) or (9) of this section, the court shall impose a mandatory fine of $5,000 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $10,000.
(7) If the offense is aggravated trafficking and a violation of division (A)(3), (7), or (10) of this section, the court shall impose a mandatory fine of $7,500 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $15,000.
(8) If the offense is trafficking in marihuana and a violation of division (A)(8) of this section or if the offense is trafficking in drugs and a violation of division (A)(8) of this section, the court shall impose a mandatory fine of $10,000 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $20,000.
(9) If the offense is aggravated trafficking and a violation of division (A)(8) of this section, the court shall impose a mandatory fine of $25,000 and, if the offender has previously been convicted of a felony drug abuse offense, the court shall impose a mandatory fine of $50,000.
(I) When the mandatory fine imposed pursuant to division (H) of this section does not exceed the maximum fine that could be imposed pursuant to R.C. §§ 2929.11 or 2929.31, the court may impose an additional fine if the total of the mandatory and additional fines together does not exceed the maximum fine that could be imposed pursuant to R.C. §§ 2929.11 or 2929.31. When the mandatory fine exceeds the maximum fine that could be imposed pursuant to R.C. §§ 2929.11 or 2929.31, the court shall not impose an additional fine.
(J) (1) Notwithstanding any contrary provision of R.C. § 3719.21, any mandatory fine imposed pursuant to this section shall be paid by the clerk of the court to the county township, municipal corporation, 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, no mandatory fine so imposed shall be paid to a law enforcement agency unless the agency has adopted a written internal control policy under division (J)(2) of this section that addresses the use of the fine monies that it receives. The mandatory fines so paid shall be used to subsidize each 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 (J)(2) of this section. Any additional fine imposed pursuant to division (I) of this section shall be disbursed by the clerk of the court as otherwise provided by law.
(2) (a) Prior to receiving any fine monies under division (J)(1) of this section or R.C. § 2925.42(B)(5), a law enforcement agency shall adopt a written internal control policy that addresses the agency’s use and disposition of all fine monies so received and that provides for the keeping of detailed financial records of the receipts of those fine monies, the general types of expenditures made out of those fine monies, 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 monies, the general type of expenditures made out of those fine monies, and the specific amount of each general type of expenditure by an agency are public records open for inspection under R.C. § 149.43. 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 monies under division (J)(1) of this section or R.C. § 2925.42(B)(5) 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 (J)(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 R.C. § 149.43. The Attorney General shall make copies of each report received and, no later than the fifteenth day of April in the calendar year in which the report is received shall send a copy of it to the President of the Senate and the Speaker of the House of Representatives.
(3) As used in divisions (J) and (N) 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 R.C. § 2935.01.
(K) If a person is charged with any violation of this section and posts bail pursuant to R.C. §§ 2937.22 to 2937.46 or Criminal Rule 46, and if the person forfeits the bail, the forfeited bail shall be paid pursuant to division (J) of this section.
(L) No court shall impose a mandatory fine pursuant to division (H) of this section upon an offender who alleges in an affidavit filed with the court prior to sentencing that he or she is indigent and is unable to pay any mandatory fine imposed pursuant to that division, if the court determines that the offender is an indigent person and is unable to pay the fine.
(M) In addition to any other penalty imposed for a violation of this section, the court may revoke the driver’s or commercial driver’s license of any person who is convicted of or pleads guilty to a violation of this section that is a felony of the first degree, or may suspend for up to five years the driver’s or commercial driver’s license of any person who is convicted of or pleads guilty to any other violation of this section. If an offender’s driver’s or commercial driver’s license is revoked pursuant to this division, the offender, at any time after the expiration of two years from the day on which his or her sentence was imposed or from the day on which he or she finally was released from imprisonment under the sentence, whichever is later, may file a motion with the sentencing court requesting termination of the revocation; upon the filing of such a motion and the court’s finding of good cause for the termination, the court may terminate the revocation. If the offender is a professionally licensed person or a person who has been admitted to the Bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other penalty imposed for a violation of this section, the court forthwith shall comply with R.C. § 2925.38.
(Ord. 5319, passed 8-5-1991)