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(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 to be prosecuted under appropriate State law.
(c) (1) 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 equivalent 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 Ohio 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 the 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 Ohio R.C. 4511.19 or a substantially equivalent 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.
(ORC 2925.31)
(a) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:
(1) The record-keeping requirements established under division (c) of this section.
(2) The labeling and transaction identification requirements established under division (d) of this section.
(b) Whoever violates division (a)(1) or (a)(2) of this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.
(c) Beginning July 1, 2001, a person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distribution of the nitrous oxide on a separate card. The person shall require the purchaser to sign the card and provide a complete residence address. The person dispensing or distributing the nitrous oxide shall sign and date the card. The person shall retain the card recording a transaction for one year from the date of the transaction. The person shall maintain the cards at the person’s business address and make them available during normal business hours for inspection and copying by officers or employees of the State Board of Pharmacy or of other law enforcement agencies that are authorized to investigate violations of this code, Ohio R.C. Chapters 2925, 3719, or 4729, or Federal drug abuse control laws. The cards used to record each transaction shall inform the purchaser of the following:
(1) That nitrous oxide cartridges are to be used only for purposes of preparing food;
(2) That inhalation of nitrous oxide can have dangerous health effects; and
(3) That it is a violation of State law to distribute or dispense cartridges of nitrous oxide to any person under age 21, punishable as a felony of the fifth degree.
(d) (1) Each cartridge of nitrous oxide dispensed or distributed in this Municipality shall bear the following printed warning: "Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under age 21. Do not inhale contents. Misuse can be dangerous to your health."
(2) Each time a person dispenses or distributes one or more cartridges of nitrous oxide, the person shall mark the packaging containing the cartridges with a label or other device that identifies the person who dispensed or distributed the nitrous oxide and the person’s business address.
(ORC 2925.32(B)(4), (D)(2), (F), (G))
Statutory reference:
Trafficking in harmful intoxicants, felony offenses, see Ohio R.C. 2925.32
(a) As used in this section,
MOTOR VEHICLE, STREET, and HIGHWAY have the same meaning as in Ohio R.C. 4511.01.
(b) Unless authorized by these Codified Ordinances or by State law, 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)
(a) No person shall knowingly furnish a sample drug to another person.
(b) Division (a) of this section 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, 4723, 4725, 4729, 4730, 4731, and 4741.
(c) (1) Whoever violates this section is guilty of illegal dispensing of drug samples.
(2) If the drug involved in the offense is a compound, mixture, preparation, or substance included in Schedule I or Schedule II, with the exception of marihuana, illegal dispensing of drug samples is a felony to be prosecuted under appropriate state law.
(3) If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation, or substance included in Schedule III, Schedule IV or Schedule V, or is marihuana, the penalty for the offense shall be determined as follows:
A. Except as otherwise provided in the following division, illegal dispensing of drug samples is a misdemeanor of the second degree.
B. 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.
(R.C. § 2925.36(A) - (C))
Statutory reference:
Felony offenses, see Ohio R.C. 2925.36(C)(2)
(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 of employee of that manufacturer, distributor or dealer, in the regular course of business;
(2) A 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 in his possession 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(A), (B))
(c) Whoever violates division (b) of this section is guilty of a misdemeanor of the third degree. If the offender previously has been convicted of a violation of division (b) of this section, Ohio R.C. 3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31, or a drug abuse offense, a violation of division (b) of this section is a misdemeanor of the first degree.
(ORC 3719.99(E))
Statutory reference:
Felony offenses, see Ohio R.C. 3719.172(C), (D)
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