(a) No person shall knowingly obtain, possess or use a controlled substance or a controlled substance analog.
(b) (1) This section does not apply to any of the following:
A. 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, 4723, 4729, 4730, 4731 and 4741.
B. 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.
C. Any person who sells, offers for sale, prescribes, dispenses or administers for livestock or other nonhuman species an 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, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act.
D. Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(c) Whoever violates division (a) of this section is guilty of one of the following:
(1) Except as otherwise provided in divisions (c)(2), (c)(3), (c)(4), and (c)(5), if the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule I or II of Ohio R.C. 3719.41, or is cocaine, L.S.D., heroin, a controlled substance analog, or a compound, mixture or preparation containing such drugs, possession of drugs is a felony to be prosecuted under appropriate State law.
(2) If the drug involved is a compound, mixture, preparation, or substance included in Schedule III, IV, or V of Ohio R.C. 3719.41, whoever violates division (a) of this section is guilty of possession of drugs. The penalty for the offense shall be determined as follows:
A. Except as otherwise provided in the following division, possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, it is a felony to be prosecuted under appropriate State law.
B. If the amount of the drug involved equals or exceeds the bulk amount, possession of drugs is a felony to be prosecuted under appropriate State law.
(3) If the drug involved in the violation is marijuana or a compound, mixture, preparation or substance containing marijuana other than hashish, whoever violates division (a) of this section is guilty of possession of marijuana. The penalty for the offense shall be determined as follows:
A. Except as otherwise provided in the following divisions, possession of marijuana is a minor misdemeanor.
B. If the amount of the drug involved equals or exceeds 100 grams but is less than 200 grams, possession of marijuana is a misdemeanor of the fourth degree.
C. If the amount of the drug involved equals or exceeds 200 grams, possession of marijuana is a felony to be prosecuted under appropriate State law.
(4) If the drug involved in the violation is hashish or a compound, mixture, preparation or substance containing hashish, whoever violates division (a) of this section is guilty of possession of hashish. The penalty for the offense shall be determined as follows:
A. Except as otherwise provided in the following divisions, possession of hashish is a minor misdemeanor.
B. If the amount of the drug involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree.
C. If the amount of the drug involved equals or exceeds ten grams of hashish in a solid form or equals or exceeds two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony to be prosecuted under appropriate State law.
(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.
(EDITOR’S NOTE: Section 624.03(e) was redacted by Ordinance 3089, passed September 24, 2012. Please see Chapter 698.)
Statutory reference:
Felony drug possession offenses, see Ohio R.C. 2925.11(C)