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(b) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in subsection (b) of Section 513.12.
(c) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.
(e) (1) Subsection (e) of Section 513.12 applies with respect to any drug paraphernalia that was used or possessed in violation of this section.
(2) Division (B)(2) of Ohio R.C. 2925.11 applies with respect to a violation of this subsection when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
(f) (1) Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
(2) Arrest or conviction for a violation of subsection (c) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
(g) (1) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall do the following if applicable:
A. If the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years.
B. If the offender is a professionally licensed person, the court immediately shall comply with Ohio R.C. 2925.38.
(ORC 2925.141)
(a) No person shall knowingly possess any counterfeit controlled substance.
(b) Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree. (ORC 2925.37)
(c) The court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years. (ORC 2925.37)
(a) No person shall keep, set up, maintain, operate, allow to be operated, or be in control of any place, structure, building or conveyance for the purpose of the possession, use or sale of narcotics, hallucinogens, dangerous drugs, illegal drugs, drugs of abuse, or the unlawful possession of instruments for the administration of drugs.
(b) No person being the owner, lessee or occupant, or having custody, control or supervision of premises or real estate, including vacant land, shall knowingly permit premises or real estate, including vacant land, to be used for the commission of a felony drug abuse offense.
(c) No person, being the owner of premises of any kind, or an agent of the owner shall rent or lease premises to a lessee or any person when the owner or agent has knowledge that the lessee or another person intends to use or occupy the premises to commit a drug offense under any provision of Ohio R.C. Chapter 2925 or 3719.
(d) No person being the owner, lessee, occupant or having custody, control or supervision of premises or real estate, including vacant land, shall recklessly permit the premises to be used for the commission of a drug offense under any provisions of Ohio R.C. Chapters 2925 and 3719, after the receipt of written notice from a law enforcement officer that a controlled substance as defined in Ohio R.C. Chapter 3719, has been possessed, used, seized, sold, manufactured on the premises. In multiple unit dwellings, including hotels or motels the notice provided for in this section shall state the names of the parties and the specific unit involved.
(e) Land or premises used in violation of subsections (a), (b) or (c), where a felony violation of Ohio R.C. Chapter 2925 or 3719 occurs, are hereby declared to be a public nuisance subject to the abatement under Ohio R.C. Chapter 3767.
(f) Subsection (a) hereof shall not apply if the offender has been previously convicted of a drug abuse offense, as defined in Ohio R.C. 2925.01(H) and that fact is alleged in the indictment or complaint.
(g) Whoever violates subsection (a), (b) or (c) hereof is guilty of a misdemeanor of the first degree. The Court shall impose at least thirty days imprisonment, which is mandatory.
(h) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the third degree. Upon a second conviction under subsection (d) hereof, the Court shall impose at least ten days imprisonment, which is mandatory. Upon third and subsequent convictions under subsection (d), the Court shall impose at least thirty days imprisonment, which is mandatory.
(Ord. 90-9. Passed 11-3-90.)
In addition to the financial sanctions authorized or required under Ohio R.C. 2929.18 and 2929.28 and to any costs otherwise authorized or required under any provision of law, the court imposing sentence upon an offender who is convicted of or pleads guilty to a drug abuse offense may order the offender to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in having tests performed under Ohio R.C. 2925.51, or in any other manner on any substance that was the basis of, or involved in, the offense to determine whether the substance contained any amount of a controlled substance if the results of the tests indicate that the substance tested contained any controlled substance. No court shall order an offender under this section to pay the costs of tests performed on a substance if the results of the tests do not indicate that the substance tested contained any controlled substance.
The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the sentencing hearing for the offender.
(ORC 2925.511)
(a) As used in this section:
(1) “Dextromethorphan” means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levorotatory forms.
(2) “Evidence of majority and identity” means a document issued by the federal government or a state, county, or municipal government, or a subdivision or agency of any of the foregoing, including a driver’s or commercial driver’s license, an identification card issued under Ohio R.C. 4507.50 to 4507.52, a military identification card, or any other form of identification that bears the name, date of birth, description and picture of the person identified.
(3) “Retailer” means a place of business that offers consumer products for sale to the general public, including a terminal distributor of dangerous drugs that is licensed under Ohio R.C. Chapter 4729 and operated as a pharmacy.
(b) No retailer or employee of a retailer shall knowingly supply, deliver, give or otherwise provide a drug, material, compound, mixture, preparation or substance containing any quantity of dextromethorphan through the sale of any product to a person under eighteen years of age, unless the person has been issued a prescription for the product being purchased.
(c) For purposes of subsection (b) of this section, the person making the sale of a product containing dextromethorphan shall require and obtain evidence of majority and identity from the purchaser, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be twenty-five years of age or older. Proof that the person making the sale demanded, was shown, and acted in reasonable reliance on the purchaser’s evidence of majority and identity is a defense to any charge of a violation of subsection (b) of this section.
(d) A retailer or employee of a retailer is not liable for damages in a civil action for injury, death or loss to person or property that allegedly arises from an act or omission associated with a failure to prevent the sale of a product containing dextromethorphan to a person under eighteen years of age, unless the act or omission constitutes willful or wanton misconduct.
(e) Whoever violates subsection (b) of this section is guilty of illegally selling dextromethorphan, a minor misdemeanor.
(ORC 2925.62)
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