(a) No person shall knowingly make a gift of, or possess for the purpose of making a gift of, or receive as a gift, twenty grams or less of marihuana.
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for any subsequent offense, provided the offense was not committed in the vicinity of a school or in the vicinity of a juvenile. If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, whoever violates this section is guilty of a misdemeanor of the third degree. The penalty shall be as provided in Section 698.02.
When required under Ohio R.C. 2925.03(D)(2), the court shall proceed as provided in Ohio R.C. 2925.03(G). (ORC 2925.03)