513.02 GIFT OF MARIHUANA.

   (a)   No person shall knowingly make a gift of, or possess for the purpose of making a gift of, or receive as a gift adult use cannabis that exceeds:

      (1)   Two and one-half ounces of adult use cannabis in any form except adult use extract;

      (2)   Fifteen grams of adult use cannabis in the form of adult use extract;

      (3)   More than six cannabis plants to an adult consumer; or

      (4)   Any amount in any form to a person that is under the age of twenty-one unless authorized by R.C. Chapter 3796.

   (b)   Whoever violates paragraph (a)(1), (a)(2) or (a)(3) of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the third degree for any subsequent offense provided the offense does not involve a violation of R.C. § 2925.03(A)(1), (5), (7) or (10) that was committed on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises, 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, if 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. If the offense involves a violation of R.C. § 2925.03(A)(1), (5), (7) or (10) that was committed on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises, 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, if 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, the offender is guilty of a misdemeanor of the third degree.

   (c)   Whoever violates paragraph (a)(4) of this section is guilty of a misdemeanor of the first degree.

   (d)   In addition to any other penalty imposed for a violation of this section, the Court may proceed as provided in R.C. § 2925.03(M) and the State Registrar of Motor Vehicles shall proceed as provided in R.C. § 4507.169.

(Ord. 40-2023. Passed 5-6-24.)