(a) Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.
(b) Whoever violates subsection (a) hereof is guilty of abusing harmful intoxicants, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. If the offender has previously been convicted of a drug abuse offense, abusing harmful intoxicants is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2925.31.
(c) In addition to the penalties provided in this section, the court shall proceed as provided in Ohio R.C. 2925.31(C).
(ORC 2925.31)