(a) No person shall knowingly obtain, possess or use a controlled substance.
(b) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with Chapters 3719, 4715, 4729, 4730, 4731 and 4741 of the Revised Code;
(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 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.A. § 301, as amended, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that act; or
(4) Any person who obtained a controlled substance product 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 in the violation is a compound, mixture, preparation or substance included in Schedule III, IV or V, whoever violates division (a) above is guilty of possession of drugs. The penalty for the offense shall be determined as follows. Except as otherwise provided in division (c)(2)B. hereof, possession of drugs is a misdemeanor of the first degree. In lieu of sentencing the offender to a term of imprisonment in a detention facility, the court may place the offender under a community control sanction, as defined in Ohio R.C. 2929.01, that requires the offender to perform supervised community service work pursuant to division (B) of Ohio R.C. 2951.02.
(2) If the drug involved in the violation is marihuana or a compound, mixture, preparation or substance containing marihuana other than hashish, whoever violates division (a) above is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:
A. If the amount of drug involved is less than 100 grams, possession of marihuana is a minor misdemeanor; or
B. If the amount of the drug involved equals or exceeds one hundred grams but is less than two hundred grams, possession of marihuana is a misdemeanor of the first 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.
(Ord. 08-08, passed 3-3-2008) Penalty, see § 513.99