(a) No person shall knowingly possess any counterfeit controlled substance.
(b) As used in this section, “counterfeit controlled substance” means:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such trademark, trade name or identifying mark; or
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it; or
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance; or
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its marking, labeling, packaging, distribution or the price for which it is sold or offered for sale.
(c) Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 501.99, provided the offender has not previously been convicted of an offense under this chapter or under Ohio R.C. Chapter 2925.
(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.
(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. 2925.37 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 paragraph (d)(1) hereof, 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. 2925.37(M) and the State Registrar of Motor Vehicles shall proceed as provided in Ohio R.C. 4507.169.
(ORC 2925.37, 4507.169)