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(a) No person shall knowingly give or offer to make a gift of twenty (20) grams or less of marihuana.
(b) Whoever violates this section is guilty of trafficking in marihuana, a minor misdemeanor. If, the offense was committed in the vicinity of a school or in the vicinity of a juvenile, the violation is a misdemeanor of the third degree. 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, except when the offense was committed in the vicinity of a school or in the vicinity of a juvenile.
(Ord. No. 902-2019. Passed 1-27-20, eff. 1-29-20)
Statutory reference:
Similar state law, see RC 2925.03
Similar state law, see RC 2925.03
(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
(a) No person shall knowingly make, obtain, possess, or use any instrument, article, or thing whose customary and primary purpose is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.
(b) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741 or RC 4723.56.
(c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender has previously been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree.
(RC 2925.12; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person who is the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicle as defined in division (A) of RC 4501.01, shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.
(b) No person who is the owner, lessee, or occupant, or who has 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 by another person.
(RC 2925.13)
(c) 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 trafficking offense under any provision of this chapter or RC Chapter 2925 or 3719 after the receipt of written notice from a law enforcement officer that a drug trafficking offense under any provision of this chapter or RC Chapter 2925 or 3719 has previously occurred on the premises, or real estate. In multiple unit dwellings, including hotels or motels, the notice provided for in this division shall state the names of the parties and the specific unit involved.
The notice required by this division shall be delivered by certified mail, restricted delivery and return receipt requested, or, if the certified mailing fails to result in delivery of the notice, by personal service. The notice required by this division shall identify the sender, identify the nature of the drug activity occurring on the premises and bear the date of such notice.
It shall be prima facie evidence that the owner or lessor did not recklessly permit the premises to be used for the commission of a drug trafficking offense on the premises if:
(1) The owner or lessor has begun the process of evicting the person or persons committing the drug offense, including sending a notice of eviction; or
(2) The owner or lessor has identified for the police in writing and in a timely manner after receipt of the notice required by this division of the steps that the owner or lessor has commenced to prevent the commission of additional drug trafficking offenses on the premises.
This division (c) shall not apply to any owner or lessor who has filed an action for forcible entry and detainer to remove a lessee or occupant from the premises.
(d) Premises or real estate, including vacant land, used in violation of division (b) or (c) of this section and where a felony violation of RC Chapter 2925 or 3719 occurs constitute a nuisance subject to abatement pursuant to RC Chapter 3767.
(e) Vehicles used in violation of division (a) hereof shall be seized and forfeited to the City, upon motion to the Common Pleas Court. Forfeiture shall not apply to common carriers or innocent owners, nor shall they affect the rights of a holder of a valid lien.
(f) Whoever violates divisions (a) or (b) of this section is guilty of permitting drug abuse, a misdemeanor of the first degree, if the offender has not previously been convicted of a drug abuse offense. Notwithstanding any other section of this Code, at least thirty (30) days imprisonment is mandatory upon conviction of an offense under this division.
(g) Whoever violates division (c) of this section is guilty of recklessly permitting drug abuse, a misdemeanor of the third degree. Notwithstanding any other section of this Code, at least ten (10) days imprisonment is mandatory upon conviction of a second offense under this division and at least thirty (30) days imprisonment is mandatory upon conviction of a third or subsequent offense under this division.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.
(b) Whoever has not previously been convicted of a drug abuse offense and who violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree.
(c) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six (6) months or more than five (5) years the offender’s driver’s or commercial driver’s license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with RC 2925.38.
(RC 2925.31; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) Except for lawful research, clinical, medical, dental, veterinary, industrial or manufacturing purposes, no person, with intent to induce intoxication or similar physiological effects, shall obtain, possess or use toluene, also known as tuleol, methylbenzene, phenylmethane or methacide.
(b) Except for lawful research, clinical, medical, dental, veterinary, industrial or manufacturing purposes, no person shall possess toluene, also known as tuleol, methylbenzene, phenylmethane or methacide, in a portable container unless the container is constructed of metal, has a tight closure, and is fitted with a spout or so designed that the contents can be poured without spilling.
(c) No person shall possess toluene in any container not clearly marked with the name of the product.
(d) No person shall possess toluene in any container not the original container unless the container is clearly labeled.
(1) Any product containing ten percent (10%) or more by weight of toluene shall be labeled with the signal word “Danger”, the statement of hazard “Harmful or fatal if swallowed”, and the statement “If swallowed, do not induce vomiting. Call physician immediately.”
(2) Any product containing ten percent (10%) or more by weight of toluene shall bear the statement of hazard “Vapor harmful” in addition to the statements prescribed in subsection (d)(1) hereof.
(e) Whoever violates this section is guilty of improperly possessing or using toluene, a misdemeanor of the second degree. If the offender has previously been convicted of a drug abuse offense, improperly possessing or using toluene is a misdemeanor of the first degree, for which at least three (3) days’ imprisonment is mandatory.
(Ord. 2440-77. Passed 9-26-77, eff. 9-26-77)
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