513.07 POSSESSING OR USING HARMFUL INTOXICANTS.

   (a)   Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.

   (b)   Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a felony and shall be prosecuted under appropriate State law.

   (c)   In addition to any other sanction imposed upon an offender for a violation of this section, 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 Ohio 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. (ORC 2925.31)

513.08 ILLEGALLY DISPENSING DRUG SAMPLES.

   (a)   No person shall knowingly furnish another a sample drug.

   (b)   Subsection (a) hereof does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, licensed health professionals authorized to prescribe drugs, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731, and 4741.

   (c)   Whoever violates this section is guilty of illegal dispensing of drug samples. If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation, or substance included in Schedule III, IV, or V, or is marihuana, the penalty for the offense shall be determined as follows:

      (1)   Except as otherwise provided in subsection (c)(2) hereof, illegal dispensing of drug samples is a misdemeanor of the second degree.

      (2)   If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree.

   (d)   In addition to any other sanction imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section 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 Ohio 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. (ORC 2925.36)

513.09 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS.

   (a)   As used in this section, “repackager” and “outsourcing facility” have the same meanings as in ORC 4729.01.

   Whenever a manufacturer sells a controlled substance, and whenever a wholesaler, repackager, or outsourcing facility sells a controlled substance in a package the wholesaler, repackager or outsourcing facility has prepared, the manufacturer or the wholesaler, repackager or outsourcing facility, as the case may be, shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription shall alter, deface or remove any label so affixed.

   (b)   Except as provided in subsection (c) of this section, when a pharmacist dispenses any controlled substance on a prescription for use by a patient, or supplies a controlled substance to a licensed health professional authorized to prescribe drugs for use by the professional in personally furnishing patients with controlled substances, the pharmacist shall affix to the container in which the controlled substance is dispensed or supplied a label showing the following:

      (1)   The name and address of the pharmacy dispensing or supplying the controlled substance;

      (2)   The name of the patient for whom the controlled substance is prescribed and, if the patient is an animal, the name of the owner and the species of the animal;

      (3)   The name of the prescriber;

      (4)   All directions for use stated on the prescription or provided by the prescriber;

      (5)   The date on which the controlled substance was dispensed or supplied;

      (6)   The name, quantity and strength of the controlled substance and, if applicable, the name of the distributor or manufacturer.

   (c)   The requirements of subsection (b) of this section do not apply when a controlled substance is prescribed or supplied for administration to an ultimate user who is institutionalized.

   (d)   A licensed health professional authorized to prescribe drugs who personally furnishes a controlled substance to a patient shall comply with division (A) of ORC 4729.291 with respect to labeling and packaging of the controlled substance.

   (e)   No person shall alter, deface, or remove any label affixed pursuant to this section as long as any of the original contents remain.

   (f)   Every label for a schedule II, III or IV controlled substance shall contain the following warning:

   “Caution: federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed”. (ORC 3719.08)

   (g)   Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender has previously been convicted of a violation of this section, Ohio R.C. 3719.07 or 3719.08 or a drug abuse offense, such violation is a felony and shall be prosecuted under appropriate State law. (ORC 3719.99)

513.10 HYPODERMIC POSSESSION, DISPLAY AND DISPENSING.

   (a)   Possession of a hypodermic is authorized for the following:

(1)   A manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, and any authorized agent or employee of that manufacturer, distributor or dealer, in the regular course of business;

(2)   Terminal distributor of dangerous drugs, in the regular course of business;

(3)   A person authorized to administer injections, in the regular course of the person’s profession or employment;

(4)   A person, when the hypodermic was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;

(5)   A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;

(6)   A farmer, for the lawful administration of a drug to an animal;

(7)    A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.

   (b)   No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person’s possession from theft or acquisition by any unauthorized person. (ORC 3719.172)

   (c)   Whoever violates this section is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of a violation of this section, Ohio R.C. 3719.05, 3719.06, 3719.13, 3719.172(B) or (E), or 3719.31 or a drug abuse offense, a violation is a misdemeanor of the first degree. (ORC 3719.99)

513.11 HARMFUL INTOXICANTS; POSSESSING NITROUS OXIDE IN MOTOR VEHICLE .

   (a)   As used in this section, “motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01.

   (b)   Unless authorized under Ohio R.C. Chapter 3719, 4715, 4729, 4731, 4741 or 4765, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:

      (1)   While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking;

      (2)   While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking.

   (c)   Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree.

   (d)   In addition to any other sanction imposed upon an offender for possessing nitrous oxide in a motor vehicle, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. (ORC 2925.33)

513.12 PLACES OF DRUG VIOLATION.

   (a)   No person shall reside in, frequent or visit any room, booth, shed, store, shop, tenement, dwelling house, warehouse, vehicle, boat, watercraft, aircraft, building or any other place where any controlled substance or illegal drug abuse instrument prohibited pursuant to Ohio R.C. Chapters 2925 or 4729, or this chapter, is being unlawfully manufactured, produced, controlled, sold, dispensed, possessed, consumed, administered, delivered or used for the purpose of engaging in such illegal drug activity.

(Ord. 94-098. Passed 5-3-94.)

   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.

513.13 COUNTERFEIT CONTROLLED SUBSTANCES.

   (a)   No person shall knowingly possess any counterfeit controlled substance.

   (b)   Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree. (ORC 2925.37)

   (c)   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 Ohio 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. (ORC 2925.37)

513.14 CRIMINAL SOLICITATION OF A CONTROLLED SUBSTANCE.

   (a)   No person, with intent to purchase or otherwise obtain or possess a controlled substance, shall knowingly induce, solicit, entice or procure another person who is eighteen years of age or older, whether or not the offender knows the age of such other person, to exchange the controlled substance for property, services, money or any other item, thing or benefit of value.

   (b)   No person, with intent to purchase or otherwise obtain or possess a controlled substance shall knowingly induce, solicit, entice or procure another person who is a juvenile, whether or not the offender knows the age of such juvenile, to do either of the following:

      (1)   Exchange the controlled substance for property, services, money or any other item, thing or benefit of value; or

      (2)   Act or otherwise serve as an intermediary, or otherwise aid or assist in the purchasing or otherwise obtaining the controlled substance for the offender.

   (c)   This section does not apply to any person who purchases or otherwise obtains a controlled substance pursuant to a prescription issued by a practitioner. This section also does not apply to manufacturers, practitioners, pharmacists, owners or pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741.

   (d)   Whoever violates subsection (a) hereof is guilty of criminal solicitation of a controlled substance. If the offender has not been previously convicted of or pled guilty to a violation of subsection (a) hereof, he shall be guilty of a misdemeanor of the second degree. If the offender has been previously convicted of or pled guilty to a violation of subsection (a) hereof, he shall be guilty of a misdemeanor of the first degree.

   (e)   Whoever violates subsection (b) hereof is guilty of criminal solicitation of a controlled substance from a juvenile and is guilty of a misdemeanor of the first degree.

(Ord. 91-219. Passed 8-6-91.)

513.15 LOITERING TO ENGAGE IN DRUG-RELATED ACTIVITY.

   (a)   No person shall loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Ohio R.C. Chapter 2925.

   (b)   Among the circumstances which may be considered in determining whether such purpose is manifested are:

      (1)   Such person is a known, unlawful drug user, possessor or seller. For purposes of this chapter, a "known unlawful drug user, possessor or seller" means a person who has, within the knowledge of the arresting officer, been convicted in any court within this State of any violation involving the use, possession or sale of any controlled substance as defined in Ohio R.C. Chapter 2925 or such person has been convicted of any violation of any of the provisions of such chapter of the Ohio Revised Code or substantially similar laws of any political subdivision of this State or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as needle tracks, burned or calloused thumb and index fingers, underweight and nervous and excited behavior;

      (2)   Such person is currently subject to a court order prohibiting his presence in a high drug activity geographic area;

      (3)   Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug- related activity, including by way of example only, such person acting as a "lookout" or hailing or stopping cars;

      (4)   Such person is physically identified by the officer as a member of a gang or association which has as its purpose illegal drug activity;

      (5)   Such person transfers small objects or packages in a furtive fashion;

      (6)   Such person takes flight or manifestly endeavors to conceal himself upon the appearance of a police officer;

      (7)   Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity;

      (8)   Such person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;

      (9)   The premises involved are known to the defendant to have been reported to law enforcement as a place of drug activity pursuant to Ohio R.C. Chapter 2925;

      (10)   Any vehicle involved is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.

   (c)   If any provision of this section is held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

   (d)   Whoever violates this section is guilty of loitering for the purpose of engaging in drug-related activity, a misdemeanor of the fourth degree.

(Ord. 91-249. Passed 9-3-91.)