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(a) No person shall knowingly possess any counterfeit controlled substance.
(b) As used in this section, “counterfeit controlled substance” means:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such trademark, trade name or identifying mark; or
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it; or
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance; or
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its markings, labeling, packaging, distribution or the price for which it is sold or offered for sale.
(c) Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(d) The provisions of this section shall not apply to a practitioner, pharmacist, pharmacy owner or other person whose conduct is in accordance with RC Chapters 3715, 3719, 4715, 4729, 4731 and 4741. The provisions of this section also shall not apply to a person who has been previously convicted of violation of RC 2925.37.
(RC 2925.37; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)