(a) No person shall knowingly furnish another a sample drug.
(b) Subsection (a) hereof does not apply to manufacturers, wholesalers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4725, 4729, 4731 and 4741.
(c) Whoever violates this section is guilty of illegal dispensing of drug samples, a misdemeanor of the second degree. Illegal dispensing of drug samples is a misdemeanor of the first degree if any of the following apply:
(1) The offender commits the offense on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises;
(2) The offender commits the offense 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
(3) The offender previously has been convicted of a drug abuse offense.
(d) (1) Notwithstanding the fines otherwise required to be imposed pursuant to Section 501.99, for violations of this section, and notwithstanding Ohio R.C. 2929.22, the court shall impose a mandatory fine of one thousand dollars ($1,000) if the violation of this section was a misdemeanor of the first degree and seven hundred fifty dollars ($750.00) if the violation of this section was a misdemeanor of the second degree.
(2) The court may impose a fine in addition to a mandatory fine imposed pursuant to paragraph (d)(1) hereof if the total of the additional and mandatory fines does not exceed the maximum fine that could be imposed pursuant to Section 501.99.
(3) Notwithstanding any contrary provision of Ohio R.C. 2925.36 or 3719.21, fifty percent of any mandatory fine imposed pursuant to paragraph (d)(1) hereof shall be paid by the clerk of the court into the Law Enforcement Trust Fund of the Municipality required to be established by Ohio R.C. 2933.43(D)(1)(c), and fifty percent shall be paid into the General Fund of the Municipality. Any additional fine imposed pursuant to paragraph (d)(2) hereof shall be disbursed by the clerk of the court as otherwise provided by law.
(4) If a person is charged with any violation of this section and posts bail pursuant to Ohio R.C. 2937.22 to 2937.46 or Rule 46 of the Ohio Rules of Criminal Procedure, and if the person forfeits the bail, the forfeited bail shall be paid by the clerk of the court in accordance with and subject to the requirements of, and shall be used as specified in, paragraph (d)(3) hereof.
(5) No court shall impose a mandatory fine pursuant to paragraph (d)(1) hereof upon an offender who alleges, in an affidavit filed with the court prior to his or her sentencing, that he or she is indigent and is unable to pay any mandatory fine imposed pursuant to such paragraph, if the court determines the offender is an indigent person and is unable to pay the fine.
(e) In addition to the penalties provided in this section, the court may proceed as provided in Ohio R.C. 2925.36(E) and the State Registrar of Motor Vehicles shall proceed as provided in Ohio R.C. 4507.169.
(ORC 2925.36, 4507.169)