(a) No person shall knowingly obtain, possess, or use a controlled substance.
(b) This section does not apply to the following:
(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with RC Chapters 3719, 4715, 4723, 4729, 4731, and 4741;
(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the “Federal Food, Drug, and Cosmetic Act,” 52 Stat. 1040 (1938), 21 U.S.C. 301, as amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(c) Whoever violates this section is guilty of drug abuse, and shall be sentenced as follows:
(1) If the drug involved is a compound, mixture, preparation or substance included in Schedule III, IV or V, and the amount of drug involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree, and if the offender has previously been convicted of a drug abuse offense, drug abuse is a misdemeanor of the second degree;
(2) If the drug involved is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, and the amount is less than two hundred (200) grams, drug abuse is a misdemeanor of the fourth degree, unless the amount of marihuana involved is less than one hundred (100) grams, in which case drug abuse is a minor misdemeanor. Persons convicted of violating this section shall not be fined, all court costs shall be suspended, and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed;
(3) If the drug involved is an anabolic steroid included in Schedule III, and the amount involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree and, in lieu of sentencing an offender to a definite or indefinite term of imprisonment in a detention facility, the court may place the offender on conditional probation pursuant to division (F) of RC 2951.02, unless the offender previously has been convicted of a drug abuse offense, in which case drug abuse is a misdemeanor of the second degree.
(d) Arrest or conviction for a minor misdemeanor violation 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.
(e) Arrest or conviction for a minor misdemeanor violation 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 a person's appearance as a witness.
(f) Should the State of Ohio enact lesser penalties than that set forth above, or entirely repeal penalties for the possession, use, or giving away of marihuana, then this ordinance, or the relevant portions thereof, shall be null and void.
(Ord. No. 902-2019. Passed 1-27-20, eff. 1-29-20)
Statutory reference:
Similar state law, see RC 2925.11
Similar state law, see RC 2925.11