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(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)
(a) No person shall loiter or do any of the following on or about any street, in or about any place open to the public, or in about any public or private place, for the purpose of engaging in drug-related activity contrary to any of the provisions of this chapter or of Ohio R.C. Chapter 2925 or 4729:
(1) Repeatedly stop, beckon to, attempt to stop or engage passersby in conversation;
(2) Repeatedly stop or attempt to stop motor vehicles by hailing, waiving arms or making bodily gestures;
(3) Act as look-outs;
(4) Transfer small objects or packages for currency or any other thing of value in a furtive fashion which would lead a law enforcement officer to believe or ascertain that a drug sale has occurred or is about to occur.
(b) Whoever violates this section is guilty of loitering for the purpose of drug-related activity, a misdemeanor of the first degree. The penalty shall be as provided in Section 599.02.
(Ord. 295-1992. Passed 12-21-92; Ord. 155-2004. Passed 9-20-04.)
(a) Unlawful Purchases.
(1) As used in divisions (a) through (d) of this section:
A. “Consumer product” means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
B. “Pseudoephedrine” means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
C. “Pseudoephedrine product” means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient. “Pseudoephedrine product” does not include either of the following:
1. A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form;
2. A consumer product primarily intended for administration to children under 12 years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed 15 milligrams of pseudoephedrine.
D. “Retailer” means a place of business that offers consumer products for sale to the general public.
E. “Single-ingredient preparation” means a compound, mixture, preparation, or substance that contains a single active ingredient.
F. “Terminal distributor of dangerous drugs” has the same meaning as in Ohio R.C. 4729.01.
(2) A. No individual shall knowingly purchase, receive, or otherwise acquire more than nine grams of any pseudoephedrine product within a period of 30 consecutive days, unless the pseudoephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741.
B. It is not a violation of division (a)(2)A. of this section for an individual to receive or accept more than nine grams of any pseudoephedrine product within a period of 30 consecutive days if the individual is an employee of a retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(3) A. No individual under 18 years of age shall knowingly purchase, receive, or otherwise acquire a pseudoephedrine product, unless the pseudoephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741.
B. Division (a)(3)A. of this section does not apply to an individual under 18 years of age who purchases, receives, or otherwise acquires a pseudoephedrine product from any of the following:
1. A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides the pseudoephedrine product to that individual and whose conduct is in accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741;
2. A parent or guardian of that individual who provides the pseudoephedrine product to the individual;
3. A person, as authorized by that individual’s parent or guardian, who dispenses, sells, or otherwise provides the pseudoephedrine product to the individual;
4. A retailer or terminal distributor of dangerous drugs who provides the pseudoephedrine product to that individual if the individual is an employee of the retailer or terminal distributor of dangerous drugs and the individual receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(4) No individual under 18 years of age shall knowingly show or give false information concerning the individual’s name, age, or other identification for the purpose of purchasing, receiving, or otherwise acquiring a pseudoephedrine product.
(5) No individual shall knowingly fail to comply with the requirements of division (e)(3)C. of this section.
(6) Whoever violates division (a)(2)A. of this section is guilty of unlawful purchase of a pseudoephedrine product, a misdemeanor of the first degree.
(7) Whoever violates division (a)(3)A. of this section is guilty of underage purchase of a pseudoephedrine product, a delinquent act that would be a misdemeanor of the fourth degree if it could be committed by an adult.
(8) Whoever violates division (a)(4) of this section is guilty of using false information to purchase a pseudoephedrine product, a delinquent act that would be a misdemeanor of the first degree if it could be committed by an adult.
(9) Whoever violates division (a)(5) of this section is guilty of improper purchase of a pseudoephedrine product, a misdemeanor of the fourth degree.
(ORC 2925.55)
(b) Unlawful Retail Sales.
(1) A. Except as provided in division (b)(1)B. of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual within a period of 30 consecutive days an amount of pseudoephedrine product that is greater than nine grams.
B. Division (b)(1)A. of this section does not apply to any quantity of pseudoephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741.
C. It is not a violation of division (b)(1)A. of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than nine grams of any pseudoephedrine product within a period of 30 consecutive days if the individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(2) A. Except as provided in division (b)(2)B. of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product to an individual who is under 18 years of age.
B. Division (b)(2)A. of this section does not apply to any of the following:
108C Drugs 513.17
1. A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under 18 years of age and whose conduct is in accordance with Ohio R.C. Chapter 3719, 4715, 4723, 4729, 4731, or 4741;
2. A parent or guardian of an individual under 18 years of age who provides a pseudoephedrine product to the individual;
3. A person who, as authorized by the individual’s parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under 18 years of age;
4. The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under 18 years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(3) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (e)(3)B. of this section.
(4) Whoever violates division (b)(1)A. of this section is guilty of unlawfully selling a pseudoephedrine product, a misdemeanor of the first degree.
(5) Whoever violates division (b)(2)A. of this section is guilty of unlawfully selling a pseudoephedrine product to a minor, a misdemeanor of the fourth degree.
(6) Whoever violates division (b)(3) of this section is guilty of improper sale of a pseudoephedrine product, a misdemeanor of the second degree.
(ORC 2925.56)
(c) Transaction Scans.
(1) As used in this division and division (d) of this section:
A. “Card holder” means any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive any pseudoephedrine product from the seller, agent, or employee.
B. Identification card” and “transaction scan device” have the same meanings as in Ohio R.C. 2927.021.
C. “Seller” means a retailer or terminal distributor of dangerous drugs.
D. “Transaction scan” means the process by which a seller or an agent or employee of a seller checks by means of a transaction scan device the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving any pseudoephedrine product.
(2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder a pseudoephedrine product.
B. If the information deciphered by the transaction scan performed under division (c)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any pseudoephedrine product to the card holder.
C. Division (c)(2)A. of this section does not preclude a seller or an agent or employee of a seller as a condition for selling, giving away, or otherwise distributing a pseudoephedrine product to the person presenting the document from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or an identification card if the document includes a bar code or magnetic strip that may be scanned by the device.
(3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this division (c) and division (d) of this section.
(4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by a card holder;
2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by a card holder.
B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (c)(4)A. of this section except for purposes of division (d) of this section.
C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (c)(2)A. of this section.
D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by division (d) of this section or any other section of the Ohio Revised Code.
(5) Nothing in this division (c) or division (d) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away, or other distribution of pseudoephedrine products.
(6) Whoever violates division (c)(2)B. or (c)(4) of this section is guilty of engaging in an illegal pseudoephedrine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(ORC 2925.57)
(d) Affirmative Defenses.
(1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of division (b) of this section in which the age of the purchaser or other recipient of a pseudoephedrine product is an element of the alleged violation if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
A. A card holder attempting to purchase or receive a pseudoephedrine product presented a driver’s or commercial driver’s license or an identification card.
B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.
C. The pseudoephedrine product was sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (d)(1) of this section, the trier of fact in the action for the alleged violation of division (b) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of division (b) of this section. For purposes of division (d)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
A. Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes a pseudoephedrine product is 18 years of age or older;
B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.
(3) In any criminal action in which the affirmative defense provided by division (d)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under Ohio R.C. 4507.50 through 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.
(ORC 2925.58)
(e) Retailer’s Duties.
(1) As used in this division and division (f) of this section:
A. “Drug”, “licensed health professional authorized to prescribe drugs”, “pharmacy”, “prescriber”, “prescription”, and “terminal distributor of dangerous drugs” have the same meanings as in Ohio R.C. 4729.01.
B. “Pharmacist” means a person licensed under Ohio R.C. Chapter 4729 to engage in the practice of pharmacy.
C. “Proof of age” means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 through 4507.52 that shows a person is 18 years of age or older.
D. “Wholesaler” has the same meaning as in R.C. § 3719.01.
(2) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall do all of the following:
A. Segregate pseudoephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor of dangerous drugs;
B. With regard to each time a pseudoephedrine product is sold or otherwise provided:
1. Determine, by examination of a valid proof of age, that the purchaser or recipient is at least 18 years of age;
2. Make a reasonable attempt to ensure that no individual purchases or receives more than nine grams of pseudoephedrine products within a period of 30 consecutive days;
C. Maintain a log book of pseudoephedrine product purchases, in accordance with division (e)(3) of this section.
(3) A. As used in this division (e)(3), “law enforcement official” means an officer or employee of any agency or authority of the United States, a state, a territory, a political division of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
B. A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall maintain a log book of all purchases of pseudoephedrine products. The log book may be maintained in a tangible format, in an electronic format, or in both a tangible format and an electronic format. As part of this requirement, the retailer or terminal distributor of dangerous drugs shall do all of the following:
1. Require each purchaser to sign an entry in the log book that is maintained in the electronic or tangible format;
2. Determine whether the name signed in the entry in the log book corresponds with the name on a government-issued identification card;
3. Retain the log book in a tangible format, in an electronic format, or in both a tangible format and an electronic format for a minimum of one year after the date of the last purchase recorded in the log book;
4. Include in the log book in the manner described in division (e)(3)E. of this section or, in the alternative, post, in a conspicuous location, the following statement: “
C. Each purchaser of a pseudoephedrine product shall do all of the following:
1. Sign and print the purchaser’s name and address in the log book;
2. Provide a government-issued identification card to the retailer or terminal distributor of dangerous drugs to verify the purchaser’s identity.
D. Information contained in the log book may not be used or disclosed except in the following circumstances:
1. In response to a court order or subpoena;
2. In response to a request from a law enforcement official to be used for law enforcement purposes.
E. If a retailer or terminal distributor of dangerous drugs chooses to include the statement set forth in division (e)(3)B.4. of this section in the log book maintained under division (e)(3)B. of this section, the statement shall be set forth in the following manner:
1. If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry.
2. If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book.
(4) Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the State Board of Pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the State Medical Board and its employees for purposes of enforcing Ohio R.C. Chapter 4731.
(ORC 3715.05)
(f) Theft or Loss; Reporting Requirements.
(1) Each retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler that sells, offers to sell, holds for sale, delivers, or otherwise provides any pseudoephedrine product and that discovers the theft or loss of any pseudoephedrine product in an amount of more than nine grams per incident of theft or loss shall notify all of the following upon discovery of the theft or loss:
A. The State Board of Pharmacy, by telephone immediately upon discovery of the theft or loss;
B. Law enforcement authorities. If the incident is a theft and the theft constitutes a felony, the retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall report the theft to the law enforcement authorities in accordance with Ohio R.C. 2921.22.
(2) Within 30 days after making a report by telephone to the State Board of Pharmacy pursuant to division (f)(1)A. of this section, a retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall send a written report to the State Board of Pharmacy.
(3) The reports required under this section shall identify the product that was stolen or lost, the amount of the product stolen or lost, and the date and time of discovery of the theft or loss.
(ORC 3715.06)