(a) No person, other than a distributer of dangerous drugs, a licensed terminal distributor of dangerous drugs, a manufacturer of dangerous drugs, a pharmacist, a practitioner, or carriers or warehousemen but only for the purpose of carriage or storage, for any of the foregoing, shall have in such person's possession any prescription drug, except those obtained pursuant to a prescription or dispensed by a practitioner.
(b) Proof of possession of a prescription drug, other than in a container labeled to indicate the date of sale, the name and address of the person for whom the drug was prescribed, instructions for taking, and the name of the pharmacy where sold, together with the prescription number, shall constitute prima facie evidence of a violation of this section.
(c) For the purposes of this section, "prescription drug" means any drug which, under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, the federal narcotics law, Ohio R.C. 3715.01 to 3715.72, inclusive, 3719.01 to 3719.22, inclusive, or 3719.23 to 3719.29, inclusive, may be dispensed only upon a prescription.
(d) For the purpose of this section, "persons," "terminal distributor of dangerous drugs," "wholesale distributor of dangerous drugs," "manufacturer of dangerous drugs," "practitioner," "pharmacist," and "prescription" shall have the same meaning ascribed to them in the Ohio R.C. 4729.50.
(e) Whoever violates this section shall be guilty of possessing a prescription drug, a misdemeanor of the fourth degree.
(f) Whoever violates this section, having previously been convicted of this section or a drug abuse offense of the Ohio Revised Code or municipal ordinance, shall be guilty of a misdemeanor of the third degree.
(1993 Code 138.14)