(A) (1) Whoever violates § 727.03(A) is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.
(2) Except as provided in division (A)(3) of this section, whoever violates § 727.03(B) is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
(3) Whoever violates § 727.03(B) by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
(4) Whoever violates § 727.03(C) is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
(B) Notwithstanding R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold, or manufactured in a violation of this chapter shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to R.C. § 2981.12(B).
(C) (1) In addition to any other sanction imposed upon an offender for a violation of this chapter, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with R.C. § 2925.38.
(2) (a) Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under this section prior to September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under this section shall not file such a motion.
(b) Upon the filing of a motion under division (C)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(R.C. § 2925.14(E) - (G)) (Ord. 7055, passed 4-11-95)