As used in this chapter:
(a) “Administer” or “administration” means the direct application of a drug, whether by injection, inhalation, ingestion or any other means, to a person or animal. (ORC 3719.01(A))
(b) “Bulk amount” of a controlled substance means any of the following:
(1) For any compound, mixture, preparation or substance included in Schedule I, Schedule II or Schedule III, with the exception of marihuana, cocaine, L.S.D., heroin and hashish, and except as provided in paragraph (b)(2) or (5) hereof, whichever of the following is applicable:
A. An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation or substance that is or contains any amount of a Schedule I opiate or opium derivative;
B. An amount equal to or exceeding ten grams of a compound, mixture, preparation or substance that is or contains any amount of raw or gum opium;
C. An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation or substance that is or contains any amount of a Schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide or a Schedule I stimulant or depressant;
D. An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II opiate or opium derivative;
E. An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation or substance that is or contains any amount of phencyclidine;
F. An amount equal to or exceeding 120 grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II stimulant that is in a final dosage form manufactured by a person authorized by the “Federal Food, Drug and Cosmetic Act”, 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the Federal drug abuse control laws, as defined in Ohio R.C. 3719.01, that is or contains any amount of a Schedule II depressant substance or a Schedule II hallucinogenic substance;
G. An amount equal to or exceeding three grams of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug and Cosmetic Act and the Federal drug abuse control laws;
(2) An amount equal to or exceeding 120 grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III or IV substance other than an anabolic steroid or a Schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III opiate or opium derivative;
(4) An amount equal to or exceeding 250 milliliters or 250 grams of a compound, mixture, preparation or substance that is or contains any amount of a Schedule V substance;
(5) An amount equal to or exceeding 200 solid dosage units, sixteen grams or sixteen milliliters of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III anabolic steroid.
(ORC 2925.01(D))
(c) “Cocaine” means any of the following:
(1) A cocaine salt, isomer or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative or preparation of coca leaves, including ecgonine, a salt, isomer or derivative of ecgonine, or a salt of any isomer or derivative of ecgonine;
(3) A salt, compound, derivative or preparation of a substance identified in paragraph (c)(1) or (2) hereof that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves if the extractions do not contain cocaine or ecgonine. (ORC 2925.01(X))
(d) “Controlled substance” means a drug, compound, mixture, preparation or substance included in Schedule I, II, III, IV or V.
(ORC 3719.01(C))
(e) “Counterfeit controlled substance” means any of the following:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such trademark, trade name or identifying mark;
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed or distributed by a person other than the person who or that manufactured, processed, packed or distributed it;
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance; or
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its markings, labeling, packaging or distribution, or the price for which it is sold or offered for sale.
(ORC 2925.01(O))
(f) “Dangerous drug” means any of the following:
(1) Any drug to which either of the following applies:
A. Under the “Federal Food, Drug, and Cosmetic Act,” 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear a label containing the legend “caution: Federal law prohibits dispensing without prescription” or “caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian” or any similar restrictive statement, or the drug may be dispensed only upon a prescription;
B. Under Ohio R.C. Chapter 3715 or 3719, the drug may be dispensed only upon a prescription;
(2) Any drug that contains a Schedule V controlled substance and that is exempt from Ohio R.C. Chapter 3719, or to which that chapter does not apply; or
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.
(ORC 4729.02(F))
(g) “Dispense” means to sell, leave with, give away, dispose of or deliver.
(ORC 3719.01(E))
(h) “Distribute” or “distributor” means to deal in, ship, transport or deliver but does not include administering or dispensing a drug. (ORC 3719.01(F))
(i) “Drug” means:
(1) Any article recognized in the United States pharmacopeia and national formulary, or any supplement to them, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
(2) Any other article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
(3) Any article, other than food, intended to affect the structure or any function of the body of humans or animals; or
(4) Any article intended for use as a component of any article specified in paragraph (i)(1), (2) or (3) hereof; but does not include devices or their components, parts or accessories, unless the label bears the statement required under Federal regulations adopted pursuant to the “Federal Food, Drug and Cosmetic Act” to restrict the device, component, part or accessory to sale by order of a practitioner. (ORC 4729.02(E))
(j) “Drug abuse offense” means:
(1) A violation of Ohio R.C. 2913.02(A) that constitutes theft of drugs, or of Ohio R.C. 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36 or 2925.37 or Section 624.02, 624.03, 624.04, 624.05, 624.07, 624.08 or 624.15 of this General Offenses Code;
(2) A violation of an existing or former law of this or any other state or of the United States, that is substantially equivalent to any section listed in paragraph (j)(1) hereof;
(3) An offense under an existing or former law of this or any other state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using or otherwise dealing with a controlled substance is an element; or
(4) A conspiracy or attempt to commit, or complicity in committing or attempting to commit, any offense under paragraph (j)(1), (2) or (3) hereof. (ORC 2925.01(G))
(k) “Drug of abuse” means any controlled substance, as defined in subsection (d) hereof, any harmful intoxicant, as defined in subsection (m) hereof, and any dangerous drug, as defined in subsection (f) hereof.
(ORC 3719.011(A))
(l) “Felony drug abuse offense” means any drug abuse offense that would constitute a felony under the laws of this State, any other state or the United States.
(ORC 2925.01(H))
(m) “Harmful intoxicant” does not include beer or intoxicating liquor, but means any compound, mixture, preparation or substance the gas, fumes or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation or other harmful physiological effects and includes, but is not limited to, any of the following:
(1) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline or other preparation containing a volatile organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant; or
(4) Any anesthetic gas. (ORC 2925.01(I))
(n) “Hashish” means the resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract or liquid distillate form. (ORC 2925.01(Z))
(o) “Hospital” means an institution for the care and treatment of the sick and injured, certified by the State Department of Health and approved by the State Board of Pharmacy as proper to be entrusted with the custody of controlled substances. (ORC 3719.01(J))
(p) “Hypodermic” means a hypodermic syringe or needle, or other instrument or device for the injection of medication.
(ORC 3719.01(K))
(q) “Juvenile” means a person under eighteen years of age.
(ORC 2925.01(N))
(r) “Laboratory” means a laboratory approved by the State Board of Pharmacy as proper to be entrusted with the custody of controlled substances and the use of controlled substances for scientific and clinical purposes and for purposes of instructions. (ORC 3719.01(M))
(s) “Licensed health professional authorized to prescribe drugs” or “prescriber” means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy-related devices in the course of the individual's professional practice, including only the following:
(1) A dentist licensed under Ohio R.C. Chapter 4715;
(2) An advanced practice nurse approved under Ohio R.C. 4723.56 to prescribe drugs and therapeutic devices;
(3) An optometrist licensed under Ohio R.C. Chapter 4725 to practice optometry under a therapeutic pharmaceutical agent's certificate;
(4) A physician authorized under Ohio R.C. Chapter 4731 to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;
(5) A veterinarian licensed under Ohio R.C. Chapter 4741.
(ORC 4729.02(I))
(t) “L.S.D.” means lysergic acid diethylamide. (ORC 2925.01(Y))
(u) “Manufacturer” means a person who plants, cultivates, harvests, processes, makes, prepares or otherwise engages in any part of the production of a drug by propagating, compounding, converting or processing, either directly or indirectly by extracting from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the following:
(1) Any packaging or repackaging of the drug or labeling or relabeling of its container, the promotion and marketing of the drug and other activities incident to production; and
(2) The preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, licensed health professionals authorized to prescribe drugs or other persons.
“Manufacturer” does not include the preparation, compounding, packaging or labeling of a drug by a pharmacist as an incident to either dispensing a drug in the usual course of professional practice; or providing a licensed health professional authorized to prescribe drugs with a drug for the purpose of administering such drug to patients or for using the drug in treating patients in the professional's office.
(ORC 3715.01; 3719.01(N))
(v) “Marihuana” means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from part of a plant of that type; and every compound, manufacture, salt, derivative, mixture or preparation of a plant of that type or of its seeds or resin. “Marihuana” does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. “Marihuana” does not included hashish.
(ORC 2925.01(AA); 3719.01(O))
(w) “Minor drug possession offense” means either of the following:
(1) A violation of Ohio R.C. 2925.11 or Section 624.03 of this General Offenses Code as it existed prior to July 1, 1996; or
(2) A violation of Ohio R.C. 2925.11 or Section 624.03 of this General Offenses Code as it exists on and after July 1, 1996, that is a misdemeanor or a felony of the fifth degree. (ORC 2925.01(EE))
(x) “Narcotic drugs” means coca leaves, opium, isonipecaine, amidone, isoamidone, ketobemidone, as defined herein and every substance not chemically distinguished from them and every drug, other than cannabis, which may be included in the meaning of “narcotic drug” under the Federal drug abuse control laws. As used in this subsection:
(1) “Coca leaves” includes cocaine and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves, that does not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.
(2) “Isonipecaine” means any substance identified chemically as 1-methyl-4-phenyl- piperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated.
(3) “Amidone” means any substance identified chemically as 4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by whatever trade name designated.
(4) “Isoamidone” means any substance identified chemically as 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt thereof, by whatever trade name designated.
(5) “Ketobemidone” means any substance identified chemically as 4-(3-hydroxphenyl)-1-methyl-4-piperidyle ethyl ketone hydrochloride, or any salt thereof, by whatever trade name designated.
(ORC 3719.01(P))
(y) “Offense committed in the vicinity of a juvenile” means an offense in which the offender commits the offense within 100 feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within 100 feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense. (ORC 2925.01(BB))
(z) “Offense committed in the vicinity of a school” means an offense in which the offender commits the offense on school premises, in a school building or within 1,000 feet of the boundaries of any school premises.
(ORC 2925.01(T))
(aa) “Person” means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity. (ORC 3719.01(T))
(bb) “Pharmacist” means a person licensed under Ohio R.C. Chapter 4729 to engage in the practice of pharmacy.
(ORC 3719.01(U))
(cc) “Pharmacy,” except when used in a context that refers to the practice of pharmacy, means any area, room, rooms, place of business, department, or portion of any of the foregoing, where the practice of pharmacy is conducted. (ORC 4729.02(A))
(dd) “Poison” means any drug, chemical or preparation likely to be deleterious or destructive to adult human life in quantities of four grams or less.
(ORC 3719.01(W))
(ee) “Possess” or “possession” means having control over a thing or substance but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found. (ORC 2925.01(K))
(ff) “Practice of pharmacy” means providing pharmacist care requiring specialized knowledge, judgment and skill derived from the principles of biological, chemical, behavioral, social, pharmaceutical and clinical sciences.
(ORC 4729.02(B))
(gg) “Prescription” means a written, electronic or oral order for drugs or combinations or mixtures of drugs to be used by a particular individual or for treating a particular animal, issued by a licensed health professional authorized to prescribe drugs. (ORC 4729.02(H))
(hh) “Sale” includes delivery, barter, exchange, transfer or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant or employee. (ORC 3719.01(AA))
(ii) “Sample drug” means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(ORC 2925.01(L))
(jj) “Schedule I,” “Schedule II,” “Schedule III,” “Schedule IV” and “Schedule V” mean controlled substance Schedules I, II, III, IV and V, respectively, established pursuant to Section 624.12, as amended pursuant to Ohio R.C. 3719.43 or 3719.44. (ORC 3719.01(BB))
(kk) “School” means any school operated by a board of education or any school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07, whether or not any instruction, extracurricular activities or training provided by the school is being conducted at the time a criminal offense is committed. (ORC 2925.01(Q))
(ll) “School building” means any building in which any of the instruction, extracurricular activities or training provided by a school is conducted, whether or not any instruction, extracurricular activities or training provided by the school is being conducted in the school building at the time a criminal offense is committed. (ORC 2925.01(S))
(mm) “School premises” means either of the following:
(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities or training provided by the school, is being conducted on the premises at the time a criminal offense is committed; or
(2) Any other parcel of real property that is owned or leased by a board of education of a school or the governing body of a school for which the State Board of Education prescribes minimum standards under Ohio R.C. 3301.07 and on which some of the instruction, extracurricular activities or training of the school is conducted, whether or not any instruction, extracurricular activities or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed. (ORC 2925.01(R))
(nn) “Unit dose” means an amount or unit of a compound, mixture or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual. (ORC 2925.01(E))
(oo) “Wholesaler” means a person who, on official written orders other than prescriptions, supplies controlled substances that the person has not manufactured, produced or prepared personally and includes a “wholesale distributor of dangerous drugs” as defined in Ohio R.C. 4729.01.
(ORC 3719.01(CC))
(pp) Words, terms and phrases and their derivatives used in this chapter which are not defined in this section shall have the meanings given to them in the Ohio Revised Code.