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As used in this chapter, certain terms are defined as follows:
(a) “Administer” means the direct application of a drug, whether by injection, inhalation, ingestion, or any other means to a person or an animal.
(b) “Controlled substance” means a drug, compound, mixture, preparation, or substance included in Schedule I, II, III, IV, or V.
(c) “Dispense” means sell, leave with, give away, dispose of, or deliver.
(d) “Distribute” means to deal in, ship, transport, or deliver but does not include administering or dispensing a drug.
(e) “Hypodermic” means a hypodermic syringe or needle, or other instrument or device for the subcutaneous injection of medication.
(f) “Manufacturer” means a person who plants, cultivates, harvests, processes, makes, prepares, or otherwise engages in any part of the production of a controlled substance by propagation, compounding, conversion, or processing, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container and other activities incident to production, except that this term does not include a pharmacist who prepares, compounds, packages, or labels a controlled substance as an incident to dispensing a controlled substance in accordance with a prescription and in the usual course of professional practice.
(g) “Marihuana” means all parts of any plant of the genus cannabis, whether growing or not, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It 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 therefrom, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
(h) “Noxious additive” means any element or compound designated by the State Board of Pharmacy for use as a safe and effective ingredient in any product containing the ingredient toluene, 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, that will discourage the intentional smelling or inhaling of the fumes of such product. A noxious additive shall not be added to such a product if such addition would make the product unsuitable for its intended use or adversely affect the performance of the product. The addition of a noxious additive to such a product is not required if the Board determines that the normal chemical composition of the product creates a level of noxiousness that is sufficient to discourage the intentional smelling or inhaling of the product’s fumes.
(i) “Official written order” means an order written on a form provided for that purpose by the Director of the United States Drug Enforcement Administration, under any laws of the United States making provision therefor, if such order forms are authorized and required by Federal law.
(j) “Pharmacist” means a person registered with the State Board of Pharmacy as a compounder and dispenser of drugs.
(k) “Pharmacy” means any area, room, rooms, place of business, department, or portion of any of the foregoing, where prescriptions are filled or where drugs, dangerous drugs, or poisons are compounded, sold, offered, or displayed for sale, dispensed, or distributed to the public.
(l) “Practitioner” means the following:
(1) A person who is licensed pursuant to RC Chapter 4715, 4731 or 4741 and authorized by law to write prescriptions for drugs or dangerous drugs;
(2) An advanced practice nurse authorized under RC 4723.56 to prescribe drugs and therapeutic devices.
(m) “Prescription” means a written or oral order for a controlled substance for the use of a particular person or a particular animal given by a practitioner in the course of professional practice and in accordance with the regulations promulgated by the Director of the United States Drug Enforcement Administration, pursuant to the Federal drug abuse control law.
(n) “Sale” includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each such transaction made by any person whether, as principal, proprietor, agent, servant, or employee.
(o) “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 RC 3719.41, as amended pursuant to RC 3719.43 or 3719.44.
(p) “Wholesaler” means a person who, on official written orders other than prescriptions, supplies controlled substances that he or she himself or herself has not manufactured, produced, or prepared and includes “wholesale distributor of dangerous drugs” as this term is defined in RC 4729.02.
(q) “Drug of abuse” means any controlled substance as defined in division (b) of this section, any harmful intoxicant as defined in division (x) of this section and any dangerous drug as defined in division (r) of this section.
(r) “Dangerous drug” means any of the following:
(1) Any drug which, under the “Federal Food, Drug and Cosmetic Act”, Federal narcotic law, RC 3715.01 to 3715.22 or RC Chapter 3719, may be dispensed only upon a prescription;
(2) Any drug which contains a Schedule V controlled substance and which is exempt from RC Chapter 3719 or to which such chapter does not apply;
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.
(s) “Bulk amount” of a controlled substance has the same meaning as in RC 2925.01, as that section may be amended.
(t) “Unit dose” means an amount or unit of a compound, mixture, or preparation containing a controlled substance, such amount or unit being separately identifiable and in such form as to indicate that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
(u) “Cultivate” includes planting, watering, fertilizing, or tilling.
(v) “Drug abuse offense” means any of the following:
(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 division (v)(1) of this section.
(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.
(4) A conspiracy or attempt to commit, or complicity in committing or attempting to commit, any offense under division (v)(1), (2), or (3) of this section.
(w) “Felony drug abuse offense” means any drug abuse offense that would constitute a felony under the laws of this State, except a violation of RC 2925.11.
(x) “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, and any other preparation containing a volatile organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(y) “Manufacture” means to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.
(z) “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.
(aa) “Sample drug” means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a practitioner, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(bb) “Standard pharmaceutical reference manual” means the current edition, with cumulative changes if any, of any of the following reference works:
(1) The National Formulary;
(2) The United States Pharmacopeia, prepared by authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the State Board of Pharmacy.
(cc) “Juvenile” means a person under eighteen (18) years of age.
(RC 2925.01; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)