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(a) No person shall knowingly possess any counterfeit controlled substance.
(b) Whoever violates division (a) of this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(R.C. § 2925.37(A), (G))
Statutory reference:
Trafficking, other felony counterfeit controlled substance offenses, see Ohio R.C. 2925.37(H) - (M)
(a) No person, while in a public place and with purpose to commit or aid in the commission of a drug abuse offense, shall do any of the following:
(1) Repeatedly beckon to stop, attempt to stop, or engage passers-by in conversation;
(2) Repeatedly stop or attempt to stop motor vehicles;
(3) Repeatedly interfere with the free passage of pedestrians or motor vehicles;
(4) Direct a pedestrian or motor vehicle operator or passenger to a location where a controlled substance can be obtained unlawfully; or
(5) Inform a pedestrian or motor vehicle operator or passenger where a controlled substance can be obtained unlawfully.
(c) For purposes of this section, the term
PUBLIC PLACE means an area of property, either publicly owned or to which the public has access, and includes, but is not limited to, streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities, or other places open to the public, the doorways, entrances, porches, passageways and roofs to any building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.
(d) In determining the purpose of an offender under this section, the Court shall consider all relevant surrounding circumstances, which may include, but are not limited to, the following factors, in addition to the overt acts set forth in division (a) hereof:
(1) That the person has been convicted to and found delinquent for a drug abuse offense within the three years preceding the arrest.
(2) That the person is loitering and directing pedestrians or motorists, through words, hailing, waiving of arms, pointing, signaling or other bodily gestures, to a person or premises where controlled substances are possessed or sold.
(3) That the person is loitering and has an electronic device, walkie-talkie, or beeper within 100 yards of a person or premises where controlled substances are possessed or sold.
(4) Any statement by the offender.
(e) No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation rendered is true, and considering the surrounding circumstances disclosed a lawful purpose.
(f) Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the fourth degree. If an offender has previously been convicted under this section, then upon second and subsequent offenses, whoever violates this section is guilty of a misdemeanor of the second degree.
(Ord. 090-72, passed 9-18-1990)
(a) As used in this section, PURE CAFFEINE PRODUCT means:
(1) Subject to division (a)(2) of this section, a product that consists solely or primarily of caffeine and is manufactured into a crystalline, liquid, or powdered form.
(2) The phrase does not include any of the following that contains caffeine and is formulated, manufactured, and labeled in accordance with the laws and regulations enforced by the United States Food and Drug Administration:
A. Coffee, tea, any soft drink, any energy drink, or any other caffeine-containing beverage;
B. Any energy product.
(b) Except as provided in division (c) of this section, no person shall knowingly sell or offer for sale a pure caffeine product.
(c) Division (b) of this section does not prohibit a person from selling or offering for sale any product manufactured in a unit-dose form such as a pill, tablet, or caplet, but only if each unit dose of the product contains not more than 250 milligrams of caffeine.
(d) Nothing in this section prohibits either of the following:
(1) Possession of a product described in division (c) of this section;
(2) Possession of a pure caffeine product by any of the following:
A. A food processing establishment, as defined in R.C. § 3715.021;
B. A manufacturer of a drug that is available without a prescription;
C. A laboratory that holds a current, valid category III terminal distributor of dangerous drugs license issued by the state board of pharmacy under R.C. § 4729.54;
D. A laboratory of any agency or department of this state that performs testing, analysis, and other laboratory services on behalf of the state;
E. A postal or delivery service that transports or delivers a pure caffeine product to an entity specified in divisions (d)(2)A. to (d)(2)D. of this section.
(e) Whoever violates division (b) of this section is guilty of illegal sale of pure caffeine, a minor misdemeanor on a first offense and a misdemeanor of the third degree on each subsequent offense.
(R.C. § 2925.34)
(a) As used in this section:
(1) DEXTROMETHORPHAN. Means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levorotatory forms.
(2) EVIDENCE OF MAJORITY AND IDENTITY. Means a document issued by the federal government or a state, county, or municipal government, or a subdivision or agency of any of the foregoing, including a driver's or commercial driver's license, an identification card issued under R.C. §§ 4507.50 to 4507.52, a military identification card, or any other form of identification that bears the name, date of birth, description, and picture of the person identified.
(3) RETAILER. Means a place of business that offers consumer products for sale to the general public, including a terminal distributor of dangerous drugs that is licensed under R.C. Chapter 4729 and operated as a pharmacy.
(b) No retailer or employee of a retailer shall knowingly supply, deliver, give, or otherwise provide a drug, material, compound, mixture, preparation, or substance containing any quantity of dextromethorphan through the sale of any product to a person under 18 years of age, unless the person has been issued a prescription for the product being purchased.
(c) For purposes of division (b) of this section, the person making the sale of a product containing dextromethorphan shall require and obtain evidence of majority and identity from the purchaser, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be 25 years of age or older. Proof that the person making the sale demanded, was shown, and acted in reasonable reliance on the purchaser's evidence of majority and identity is a defense to any charge of a violation of division (b) of this section.
(d) A retailer or employee of a retailer is not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with a failure to prevent the sale of a product containing dextromethorphan to a person under 18 years of age, unless the act or omission constitutes willful or wanton misconduct.
(e) Whoever violates division (b) of this section is guilty of illegally selling dextromethorphan, a minor misdemeanor.
(R.C. § 2925.62)