(a) As used in this section, “motor vehicle,” “street” and “highway” have the same meanings as in Chapter 402 of the Traffic Code.
(b) Unless authorized under Ohio R.C. Chapter 3719, 4715, 4729, 4731, 4741 or 4765, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:
(1) While operating or being a passenger in or on a motor vehicle on a street, highway or other public or private property open to the public for purposes of vehicular traffic or parking; or
(2) While being in or on a stationary motor vehicle on a street, highway or other public or private property open to the public for purposes of vehicular traffic or parking.
(c) Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 698.02.
(ORC 2925.33)