(a) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana. (Ord. 89-49. Passed 11-6-89.)
(b) Except as provided in subsection (c) hereof, whoever violates this section is guilty of trafficking in marihuana, a misdemeanor of the fourth degree for the first offense and a misdemeanor of the second degree for any subsequent offense.
(Ord. 90-19. Passed 5-7-90.)
(c) If the offense involves a violation of Ohio R.C. 2925.03(a)(1), (5), (7) or (10) that was committed on school premises, on the premises of a senior citizens services center, on child day-care facility premises, on public playground premises, on public pool premises, on public recreation center premises, in a school building, in a senior citizens services center, in a child day- care facility or in a public recreation center, or within 1,000 feet of the boundaries of any school premises, senior citizens services center, child day-care facility, public park, public playground, public pool or public recreation center, or that was committed within 100 feet of any juvenile or within the view of any juvenile, whether or not the offender knows the age of the juvenile, the offender knows the juvenile is within 100 feet or within view of the commission of the offense, or the juvenile views the commission of the offense, trafficking in marihuana is a misdemeanor of the first degree. (Ord. 92-67. Passed 10-19-92.)
(d) The court shall suspend for not less than six months or more than five years the driver’s or commercial driver’s license or permit of any person who is convicted of or pleads guilty to any violation of this section. If an offender’s driver’s or commercial driver’s license or permit is suspended pursuant to this subsection, the offender, at any time after the expiration of two years from the day on which the offender’s sentence was imposed, may file a motion with the sentencing court requesting termination of the suspension; upon the filing of such a motion and the court’s finding of good cause for the termination, the court may terminate the suspension.
(ORC 2925.03)