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.)