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(a) Possession of a hypodermic is authorized for the following:
(1) A manufacturer or distributor of, or dealer in hypodermics, or medication packaged in hypodermics, and any authorized agent of employee of that manufacturer, distributor or dealer, in the regular course of business;
(2) A terminal distributor of dangerous drugs, in the regular course of business;
(3) A person authorized to administer injections, in the regular course of the person’s profession or employment;
(4) A person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;
(5) A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;
(6) A farmer, for the lawful administration of a drug to an animal;
(7) A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
(b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person’s possession from theft or acquisition by any unauthorized person.
(ORC 3719.172(A), (B))
(c) Whoever violates division (b) of this section is guilty of a misdemeanor of the third degree. If the offender previously has been convicted of a violation of division (b) of this section, Ohio R.C. 3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31, or a drug abuse offense, a violation of division (b) of this section is a misdemeanor of the first degree.
(ORC 3719.99(E))
Statutory reference:
Felony offenses, see Ohio R.C. 3719.172(C), (D)
(a) (1) In any criminal prosecution for a violation of this chapter or Ohio R.C. Chapters 2925 or 3719, a laboratory report from the Bureau of Criminal Identification and Investigation or a laboratory operated by another law enforcement agency, or a laboratory established by or under the authority of an institution of higher education that has its main campus in this State and that is accredited by the Association of American Universities or the North Central Association of Colleges and Secondary Schools, primarily for the purpose of providing scientific service to law enforcement agencies, and signed by the person performing the analysis, stating that the substance that is the basis of the alleged offense has been weighed and analyzed and stating the findings as to the content, weight, and identity of the substance and that it contains any amount of a controlled substance and the number and description of unit dosages, is prima facie evidence of the content, identity, and weight or the existence and number of unit dosages of the substance. In any criminal prosecution for a violation of Ohio R.C. 2925.041 or a violation of this chapter, Ohio R.C. Chapter 2925 or Ohio R.C. Chapter 3719 that is based on the possession of chemicals sufficient to produce a compound, mixture, preparation, or substance included in Schedule I, II, III, IV, or V, a laboratory report from the Bureau or from any laboratory that is operated or established as described in this division that is signed by the person performing the analysis, stating that the substances that are the basis of the alleged offense have been weighed and analyzed and stating the findings as to the content, weight, and identity of each of the substances, is prima facie evidence of the content, identity, and weight of the substances.
(2) Attached to that report shall be a copy of a notarized statement by the signer of the report giving the name of the signer and stating that the signer is an employee of the laboratory issuing the report and that performing the analysis is a part of the signer’s regular duties, and giving an outline of the signer’s education, training, and experience for performing an analysis of materials included under this section. The signer shall attest that scientifically accepted tests were performed with due caution, and that the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory.
(b) The prosecuting attorney shall serve a copy of the report on the attorney of record for the accused, or on the accused if the accused has no attorney, prior to any proceeding in which the report is to be used against the accused other than at a preliminary hearing or grand jury proceeding where the report may be used without having been previously served upon the accused.
(c) The report shall not be prima facie evidence of the contents, identity, and weight or the existence and number of unit dosages of the substance if the accused or the accused’s attorney demands the testimony of the person signing the report, by serving the demand upon the prosecuting attorney, within seven days from the accused or the accused’s attorney’s receipt of the report. The time may be extended by a trial judge in the interests of justice.
(d) Any report issued for use under this section shall contain notice of the right of the accused to demand, and the manner in which the accused shall demand, the testimony of the person signing the report.
(e) Any person who is accused of a violation of this chapter or Ohio R.C. Chapters 2925 or 3719 is entitled, upon written request made to the prosecuting attorney, to have a portion of the substance that is, or of each of the substances that are, the basis of the alleged violation preserved for the benefit of independent analysis performed by a laboratory analyst employed by the accused person, or, if the accused is indigent, by a qualified laboratory analyst appointed by the court. Such portion shall be a representative sample of the entire substance that is, or of each of the substances that are, the basis of the alleged violation and shall be of sufficient size, in the opinion of the court, to permit the accused’s analyst to make a thorough scientific analysis concerning the identity of the substance or substances. The prosecuting attorney shall provide the accused’s analyst with the sample portion at least 14 days prior to trial, unless the trial is to be held in a court not of record or unless the accused person is charged with a minor misdemeanor, in which case the prosecuting attorney shall provide the accused’s analyst with the sample portion at least three days prior to trial. If the prosecuting attorney determines that such a sample portion cannot be preserved and given to the accused’s analyst, the prosecuting attorney shall so inform the accused person, or the accused’s attorney. In such a circumstance, the accused person is entitled, upon written request made to the prosecuting attorney, to have the accused’s privately employed or court appointed analyst present at an analysis of the substance that is, or the substances that are, the basis of the alleged violation, and, upon further written request, to receive copies of all recorded scientific data that result from the analysis and that can be used by an analyst in arriving at conclusions, findings, or opinions concerning the identity of the substance or substances subject to the analysis.
(f) In addition to the rights provided under division (e) of this section, any person who is accused of a violation of this chapter or Ohio R.C. Chapters 2925 or 3719 that involves a bulk amount of a controlled substance, or any multiple thereof, or who is accused of a violation of Ohio R.C. 2925.11 or a substantially equivalent municipal ordinance, other than a minor misdemeanor violation, that involves marihuana, is entitled, upon written request made to the prosecuting attorney, to have a laboratory analyst of the accused’s choice, or, if the accused is indigent, a qualified laboratory analyst appointed by the court, present at a measurement or weighing of the substance that is the basis of the alleged violation. Also, the accused person is entitled, upon further written request, to receive copies of all recorded scientific data that result from the measurement or weighing and that can be used by an analyst in arriving at conclusions, findings, or opinions concerning the weight, volume, or number of unit doses of the substance subject to the measurement or weighing.
(ORC 2925.51)
Controlled Substance Schedules I, II, III, IV, and V, as established in Ohio R.C. 3719.41 and amended by Ohio R.C. 3719.43 and 3719.44, are hereby adopted by reference, and shall be treated as if set forth in full herein.
Statutory reference:
For comprehensive lists of drugs identified under each of the following Schedules, see Ohio R.C. 3719.41, as amended by Ohio R.C. 3719.43 and 3719.44:
Schedule I
(a) Narcotics - opiates
(b) Narcotics - opium derivatives
(c) Hallucinogens
(d) Depressants
(e) Stimulants
Schedule II
(a) Narcotics - opium and opium derivatives
(b) Narcotics - opiates
(c) Stimulants
(d) Depressants
(e) Hallucinogenic substances
(f) Immediate precursors
Schedule III
(a) Stimulants
(b) Depressants
(c) Narcotic antidotes
(d) Narcotics - narcotic preparations
(e) Anabolic steroids
(f) Hallucinogenic substances
Schedule IV
(a) Narcotic drugs
(b) Depressants
(c) Fenfluramine
(d) Stimulants
(e) Other substances
Schedule V
(a) Narcotic drugs
(b) Narcotics - narcotic preparations
(c) Stimulants
(a) Whenever a manufacturer sells a controlled substance, and whenever a wholesaler sells a controlled substance in a package the wholesaler has prepared, the manufacturer or wholesaler shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription, shall alter, deface or remove any label so affixed.
(b) No person shall alter, deface or remove any label affixed pursuant to Ohio R.C. 3719.08 as long as any of the original contents remain.
(ORC 3719.08(A), (E))
(c) Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, or Ohio R.C. 3719.07 or 3719.08, or a drug abuse offense, a violation of this section is a felony to be prosecuted under appropriate State law. If the violation involves the sale, offer to sell, or possession of a Schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, then Ohio R.C. 3719.99(D) applies.
(ORC 3719.99(C))
(a) Definitions. As used in this section:
(1) "Cultivate" includes planting, watering, fertilizing or tilling.
(Ord. 74-1981. Passed 4-6-81.)
(2) "Drug paraphernalia" is defined as follows:
A. "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:
1. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is controlled substance or from which a controlled substance can be derived;
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
4. Testing equipment used, intended for use or designed for use in identifying, or analyzing the strength, effectiveness or purity of, controlled substances;
5. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose used, intended for use or designed for use in cutting controlled substances;
7. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
10. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
12. Objects used, intended for use or designed for use in injecting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips; meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers;
B. In determining whether an object is "drug paraphernalia," a court or other authority should consider, in addition to other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state or Federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the object, to deliver it to any person whom the owner or person in control of the object knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner or of anyone in control of the object, as to a direct violation of this chapter, shall not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia;"
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Direct or circumstantial evidence of the ratio of the sales of the objects to the total sales of the business enterprise;
12. The existence and scope of legitimate uses of the object in the community;
13. Expert testimony concerning its use.
(Ord. 251-1980. Passed 10-6-80.)
(3) "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.
(Ord. 74-1981. Passed 4-6-81.)
(b) Possession and Sale Generally.
(1) No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.
(2) No person shall deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter.
(3) No person shall place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(4) Any person eighteen years of age or over who violates paragraph (b)(2) hereof by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a special offense.
(5) This subsection shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by Section 513.09.
(6) Any drug paraphernalia used in violation of this subsection shall be seized and forfeited to the Municipality.
(7) If any provision of this subsection or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subsection which can be given effect without the invalid provision or application, and to this end the provisions of this subsection are severable.
(Ord. 251-1980. Passed 10-6-80.)
(c) Sale to Juveniles.
(1) As used in this subsection, "paraphernalia for the use of marihuana" means any instrument, device, article or thing, whether or not of crude or extemporized manufacture or assembly, that is used or intended for use for any of the following:
A. Preparing marihuana for ingestion, inhalation or other introduction into the human body;
B. Ingesting, inhaling or otherwise introducing marihuana into the human body;
C. Enhancing the effect of marihuana upon the human body;
D. Testing the strength, effectiveness or purity of marihuana.
(2) No person shall knowingly sell or offer to sell paraphernalia for the use of marihuana to any juvenile.
(3) The following are affirmative defenses to a charge under this subsection:
A. The defendant is the parent, guardian or custodian of the juvenile involved.
B. The juvenile involved, at the time the paraphernalia for the use of marihuana was sold or offered for sale to him or her, was accompanied by his or her parent, guardian or custodian who, with knowledge that the paraphernalia sold or offered for sale would be used or was intended for use for a purpose set forth in paragraph (c)(1)A., B., C. or D. hereof, consented to the paraphernalia for the use of marihuana being sold or offered for sale to the juvenile.
C. The juvenile involved exhibited to the defendant or his or her agent or employee a draft card, driver's license, birth certificate or other official or apparently official document purporting to show that the juvenile was eighteen years of age or older, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under eighteen years of age.
(4) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741 or Ohio R.C. 4723.56. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.09.
(Adopting Ordinance)
(d) Penalties.
(1) Except as otherwise provided in this paragraph, whoever violates subsection (b) hereof is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender has been previously convicted of a drug abuse offense, violation of subsection (b) hereof is a misdemeanor of the first degree. Whoever violates paragraph (b)(4) hereof is guilty of a misdemeanor of the first degree. The penalty shall be as provided in Section 599.02.
(Ord. 251-1980. Passed 10-6-80.)
(2) Whoever violates subsection (c) hereof is guilty of selling paraphernalia for the use of marihuana to juveniles, a misdemeanor of the first degree. The penalty shall be as provided in Section 599.02.
(Ord. 74-1981. Passed 4-6-81.)
(a) No person shall knowingly possess any counterfeit controlled substance.
(b) Whoever violates division (a) of this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(c) Notwithstanding any contrary provision of Ohio R.C. 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the requirements of Ohio R.C. 2925.03(F). The agency that receives the fine shall use the fine as specified in Ohio R.C. 2925.03(F).
(ORC 2925.37(A), (G), (M))
Statutory reference:
Trafficking, other felony counterfeit controlled substance offenses, see Ohio R.C. 2925.37(H) - (K)
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