(a) No person shall knowingly make a gift of, or possess for the purpose of making a gift of, or receive as a gift, twenty grams or less of marihuana.
(b) Whoever violates 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 Ohio 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 Ohio 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, whoever violates this section is guilty of a misdemeanor of the third degree.
In addition to any other penalty imposed for a violation of this section, the Court may proceed as provided in Ohio R.C. 2925.03(M) and the State Registrar of Motor Vehicles shall proceed as provided in Ohio R.C. 4507.169.
(ORC 2925.03, 4507.169)