(a) No person shall knowingly dispense or distribute any harmful intoxicant except gasoline to any person under eighteen years of age, if the person who dispenses or distributes it knows or has reason to believe that the harmful intoxicant will be used in violation of Section 513.07, unless a written order from the parent or guardian is provided to the dispenser or distributor. Six months after the State Board of Pharmacy has designated the noxious additive that is to be included in any product containing toluene, the gas, fumes or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation or other harmful physiological effects, no person shall dispense or distribute a product that is required to include a noxious additive unless such product includes the noxious additive in the amounts and proportions prescribed by the Board.
(b) Any product that is required by subsection (a) hereof to include a noxious additive shall have such contents clearly stated on the label.
(c) The prohibitions of this section shall not apply after a prescribed noxious additive has been added to the harmful intoxicant or upon determination by the Board that addition of a noxious additive is not required.
(d) Whoever violates this section is guilty of trafficking in harmful intoxicants, a misdemeanor of the fourth degree. If the offender has previously been convicted of a drug abuse offense, trafficking in harmful intoxicants is a misdemeanor of the third degree.
(e) This section does not apply to products used in making, fabricating, assembling, transporting or constructing a product or structure by manual labor or machinery for sale or lease to another person, or to the mining, refining or processing of natural deposits.
(ORC 2925.32)
(f) (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 five hundred dollars ($500.00) if the violation of this section was a misdemeanor of the third degree and a mandatory fine of two hundred fifty dollars ($250.00) if the violation of this section was a misdemeanor of the fourth degree.
(2) The court may impose a fine in addition to a mandatory fine imposed pursuant to paragraph (f)(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. 2925.31, 2925.32 or 3719.21, fifty percent of any mandatory fine imposed pursuant to paragraph (f)(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 (f)(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 (f)(3) hereof.
(5) No court shall impose a mandatory fine pursuant to paragraph (f)(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.
(g) In addition to the penalties provided in this section, the court may proceed as provided in Ohio R.C. 2925.32(G) and the State Registrar of Motor Vehicles shall proceed as provided in Ohio R.C. 4507.169.
(ORC 2925.32, 4507.169)