(a) No person shall knowingly furnish another a sample drug.
(b) Subsection (a) hereof does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, licensed health professionals authorized to prescribe drugs, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4725, 4729, 4731 and 4741.
(c) Whoever violates this section is guilty of illegal dispensing of drug samples, a misdemeanor of the second degree, provided the drug involved in the offense is a dangerous drug or a compound, mixture, preparation or substance included in Schedule III, IV or V, or is marihuana, and provided the offense was not committed in the vicinity of a school or in the vicinity of a juvenile. If the drug involved in the offense is a dangerous drug or a compound mixture, preparation or substance included in Schedule III, IV or V, or is marihuana, and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree. The penalty shall be as provided in Section 698.02.
(d) In addition to the penalties provided in this section, the court shall proceed as provided in Ohio R.C. 2925.36(D).
(ORC 2925.36)