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Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 138.11 LABORATORY REPORT REQUIRED.
   (A)   (1)   In any criminal prosecution for a violation of this chapter or R.C. Chapters 2925 or 3719, a laboratory report from the Bureau of Criminal Identification and Investigation or a laboratory operated by another law enforcement agency, or a laboratory established by or under the authority of an institution of higher education that has its main campus in this state and that is accredited by the Association of American Universities or the North Central Association of Colleges and Secondary Schools, primarily for the purpose of providing scientific service to law enforcement agencies, and signed by the person performing the analysis, stating that the substance that is the basis of the alleged offense has been weighed and analyzed and stating the findings as to the content, weight, and identity of the substance and that it contains any amount of a controlled substance and the number and description of unit dosages, is prima facie evidence of the content, identity, and weight or the existence and number of unit dosages of the substance. In any criminal prosecution for a violation of R.C. § 2925.041 or a violation of this chapter, R.C. Chapter 2925 or R.C. Chapter 3719 that is based on the possession of chemicals sufficient to produce a compound, mixture, preparation, or substance included in Schedule I, II, III, IV, or V, a laboratory report from the Bureau or from any laboratory that is operated or established as described in this division that is signed by the person performing the analysis, stating that the substances that are the basis of the alleged offense have been weighed and analyzed and stating the findings as to the content, weight, and identity of each of the substances, is prima facie evidence of the content, identity, and weight of the substances.
      (2)   Attached to that report shall be a copy of a notarized statement by the signer of the report giving the name of the signer and stating that the signer is an employee of the laboratory issuing the report and that performing the analysis is a part of the signer's regular duties, and giving an outline of the signer's education, training, and experience for performing an analysis of materials included under this section. The signer shall attest that scientifically accepted tests were performed with due caution, and that the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory.
   (B)   The prosecuting attorney shall serve a copy of the report on the attorney of record for the accused, or on the accused if the accused has no attorney, prior to any proceeding in which the report is to be used against the accused other than at a preliminary hearing or grand jury proceeding where the report may be used without having been previously served upon the accused.
   (C)   The report shall not be prima facie evidence of the contents, identity, and weight or the existence and number of unit dosages of the substance if the accused or the accused's attorney demands the testimony of the person signing the report, by serving the demand upon the prosecuting attorney, within seven days from the accused or the accused's attorney's receipt of the report. The time may be extended by a trial judge in the interests of justice.
   (D)   Any report issued for use under this section shall contain notice of the right of the accused to demand, and the manner in which the accused shall demand, the testimony of the person signing the report.
   (E)   Any person who is accused of a violation of this chapter or R.C. Chapters 2925 or 3719 is entitled, upon written request made to the prosecuting attorney, to have a portion of the substance that is, or of each of the substances that are, the basis of the alleged violation preserved for the benefit of independent analysis performed by a laboratory analyst employed by the accused person, or, if the accused is indigent, by a qualified laboratory analyst appointed by the court. Such portion shall be a representative sample of the entire substance that is, or of each of the substances that are, the basis of the alleged violation and shall be of sufficient size, in the opinion of the court, to permit the accused's analyst to make a thorough scientific analysis concerning the identity of the substance or substances. The prosecuting attorney shall provide the accused's analyst with the sample portion at least 14 days prior to trial, unless the trial is to be held in a court not of record or unless the accused person is charged with a minor misdemeanor, in which case the prosecuting attorney shall provide the accused's analyst with the sample portion at least three days prior to trial. If the prosecuting attorney determines that such a sample portion cannot be preserved and given to the accused's analyst, the prosecuting attorney shall so inform the accused person, or the accused's attorney. In such a circumstance, the accused person is entitled, upon written request made to the prosecuting attorney, to have the accused's privately employed or court appointed analyst present at an analysis of the substance that is, or the substances that are, the basis of the alleged violation, and, upon further written request, to receive copies of all recorded scientific data that result from the analysis and that can be used by an analyst in arriving at conclusions, findings, or opinions concerning the identity of the substance or substances subject to the analysis.
   (F)   In addition to the rights provided under division (E) of this section, any person who is accused of a violation of this chapter or R.C. Chapters 2925 or 3719 that involves a bulk amount of a controlled substance, or any multiple thereof, or who is accused of a violation of R.C. § 2925.11 or a substantially equivalent municipal ordinance, other than a minor misdemeanor violation, that involves marihuana, is entitled, upon written request made to the prosecuting attorney, to have a laboratory analyst of the accused's choice, or, if the accused is indigent, a qualified laboratory analyst appointed by the court, present at a measurement or weighing of the substance that is the basis of the alleged violation. Also, the accused person is entitled, upon further written request, to receive copies of all recorded scientific data that result from the measurement or weighing and that can be used by an analyst in arriving at conclusions, findings, or opinions concerning the weight, volume, or number of unit doses of the substance subject to the measurement or weighing.
(R.C. § 2925.51)
   (G)   In addition to the financial sanctions authorized or required under R.C. §§ 2929.18 and 2929.28 and to any costs otherwise authorized or required under any provision of law, the court imposing sentence upon an offender who is convicted of or pleads guilty to a drug abuse offense may order the offender to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in having tests performed under this section or R.C. § 2925.51 or in any other manner on any substance that was the basis of, or involved in, the offense to determine whether the substance contained any amount of a controlled substance if the results of the tests indicate that the substance tested contained any controlled substance. No court shall order an offender under this section to pay the costs of tests performed on a substance if the results of the tests do not indicate that the substance tested contained any controlled substance. The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the sentencing hearing for the offender.
(R.C. § 2925.511)
§ 138.12 COUNTERFEIT CONTROLLED SUBSTANCES.
   (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 and other felony counterfeit controlled substance offenses, see R.C. § 2925.37(H) - (M)
§ 138.13 USE, POSSESSION, OR SALE OF DRUG PARAPHERNALIA.
   (A)   As used in this section, DRUG PARAPHERNALIA means any equipment, product, or material of any kind that is used by the offender, intended by the offender for use, or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance in violation of this chapter. The term includes but is not limited to any of the following equipment, products, or materials that are used by the offender, intended by the offender for use, or designed by the offender for use, in any of the following manners:
      (1)   A kit for propagating, cultivating, growing, or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived.
      (2)   A kit for manufacturing, compounding, converting, producing, processing, or preparing a controlled substance.
      (3)   Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine.
      (4)   An isomerization device for increasing the potency of any species of a plant that is a controlled substance.
      (5)   Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of, a controlled substance.
      (6)   A scale or balance for weighing or measuring a controlled substance.
      (7)   A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, for cutting a controlled substance.
      (8)   A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana.
      (9)   A blender, bowl, container, spoon, or mixing device for compounding a controlled substance.
      (10)   A capsule, balloon, envelope, or container for packaging small quantities of a controlled substance.
      (11)   A container or device for storing or concealing a controlled substance.
      (12)   A hypodermic syringe, needle, or instrument for parenterally injecting a controlled substance into the human body.
      (13)   An object, instrument, or device for ingesting, inhaling, or otherwise introducing into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.
   (B)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:
      (1)   Any statement by the owner or by anyone in control of the equipment, product, or material, concerning its use.
      (2)   The proximity in time or space of the equipment, product, or material, or of the act relating to the equipment, product, or material, to a violation of any provision of this chapter or R.C. Chapter 2925.
      (3)   The proximity of the equipment, product, or material to any controlled substance.
      (4)   The existence of any residue of a controlled substance on the equipment, product, or material.
      (5)   Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product, or material, to deliver it to any person whom he or she knows intends to use the equipment, product, or material to facilitate a violation of any provision of this chapter or R.C. Chapter 2925. A finding that the owner or anyone in control of the equipment, product, or material is not guilty of a violation of any other provision of this chapter or R.C. Chapter 2925 does not prevent a finding that the equipment, product, or material was intended or designed by the offender for use as drug paraphernalia.
      (6)   Any oral or written instruction provided with the equipment, product, or material concerning its use.
      (7)   Any descriptive material accompanying the equipment, product, or material and explaining or depicting its use.
      (8)   National or local advertising concerning the use of the equipment, product, or material.
      (9)   The manner and circumstances in which the equipment, product, or material is displayed for sale.
      (10)   Direct or circumstantial evidence of the ratio of the sales of the equipment, product, or material to the total sales of the business enterprise.
      (11)   The existence and scope of legitimate uses of the equipment, product, or material in the community.
      (12)   Expert testimony concerning the use of the equipment, product, or material.
   (C)   (1)   Subject to division (D)(2) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia.
      (2)   No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if he or she knows or reasonably should know that the equipment, product, or material will be used as drug paraphernalia.
      (3)   No person shall place an advertisement in any newspaper, magazine, handbill, or other publication that is published and printed and circulates primarily within this state, if he or she knows that the purpose of the advertisement is to promote the illegal sale in this municipality or in this state of the equipment, product, or material that the offender intended or designed for use as drug paraphernalia.
   (D)   (1)   This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by R.C. § 3719.172.
      (2)   Division (C)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
   (E)   Notwithstanding R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold, or manufactured in violation of this section 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).
   (F)   (1)   Whoever violates division (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.
      (2)   Except as provided in division (F)(3) of this section, whoever violates division (C)(2) of this section is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.
      (3)   Whoever violates division (C)(2) of this section by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.
      (4)   Whoever violates division (C)(3) of this section is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.
   (G)   In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months nor more than five years the offender's driver's or commercial driver's license or permit. 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.
(R.C. § 2925.14)
   (H)   Illegal use or possession of marihuana drug paraphernalia.
      (1)   As used in this division (H), DRUG PARAPHERNALIA has the same meaning as in division (A) of this section.
      (2)   In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in division (B) of this section.
      (3)   No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
      (4)   This division (H) does not apply to any person identified in division (D)(1) of this section, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by R.C. § 3719.172.
      (5)   Division (E) of this section applies with respect to any drug paraphernalia that was used or possessed in violation of this section.
      (6)   Whoever violates division (H)(3) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
      (7)   In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. 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.
(R.C. § 2925.141)
§ 138.14 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS.
   (A)   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. As used in this division, "repackager" and "outsourcing facility" have the same meanings as in R.C. § 4729.01.
   (B)   No person shall alter, deface or remove any label affixed pursuant to R.C. § 3719.08 as long as any of the original contents remain.
(R.C. § 3719.08(A), (E))
   (C)   Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, or R.C. § 3719.07 or 3719.08, or a drug abuse offense, a violation of this section is a felony to be prosecuted under appropriate state law. If the violation involves the sale, offer to sell, or possession of a Schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, then R.C. § 3719.99(D) applies.
(R.C. § 3719.99(C))
§ 138.15 POSSESSION, SALE AND DISPOSAL OF HYPODERMICS.
   (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.
(R.C. § 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, 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.
(R.C. § 3719.99(E))
Statutory reference:
   Felony offenses, see R.C. § 3719.172(C), (D)
§ 138.16 CONTROLLED SUBSTANCE SCHEDULES.
   Controlled Substance Schedules I, II, III, IV, and V, as established in R.C. § 3719.41 and amended by R.C. §§ 3719.43 and 3719.44, are hereby adopted by reference, and shall be treated as if set forth in full herein.
§ 138.17 UNLAWFUL FURNISHING OF PRESCRIPTION TO ENABLE PERSONS TO BE ISSUED HANDICAPPED PARKING PLACARDS OR LICENSE PLATES.
   (A)   No physician or chiropractor shall do either of the following:
      (1)   Furnish a person with a prescription in order to enable the person to be issued a removable windshield placard, temporary removable windshield placard, or license plates under R.C. § 4503.44, knowing that the person does not meet any of the criteria contained in R.C. § 4503.44(A)(1).
      (2)   Furnish a person with a prescription described in division (A)(1) of this section and knowingly misstate on the prescription the length of time the physician or chiropractor expects the person to have the disability that limits or impairs the person's ability to walk in order to enable the person to retain a placard issued under R.C. § 4503.44 for a period of time longer than that which would be estimated by a similar practitioner under the same or similar circumstances.
(R.C. §§ 4731.481, 4734.161)
   (B)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. §§ 4731.99(F), 4734.99(B))
Cross-reference:
   Parking privileges for persons with disabilities, see § 76.05
§ 138.18 PSEUDOEPHEDRINE SALES.
   (A)   Unlawful purchases.
      (1)   As used in divisions (A), (B), (C) and (D) of this section:
         CONSUMER PRODUCT. Any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
         EPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of ephedrine, any of its salts, optical isomers, or salts of optical isomers.
         EPHEDRINE PRODUCT. A consumer product that contains ephedrine.
         PSEUDOEPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
         PSEUDOEPHEDRINE PRODUCT. A consumer product that contains pseudoephedrine.
         RETAILER. A place of business that offers consumer products for sale to the general public.
         SINGLE-INGREDIENT PREPARATION. A compound, mixture, preparation, or substance that contains a single active ingredient.
         TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS. Has the same meaning as in R.C. § 4729.01.
      (2)   (a)   1.   No individual shall knowingly purchase, receive, or otherwise acquire an amount of pseudoephedrine product or ephedrine product that is greater than either of the following unless the pseudoephedrine product or ephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741:
               a,   Three and six tenths grams within a period of a single day;
               b.   Nine grams within a period of 30 consecutive days.
            2.   The limits specified in divisions (A)(2)(a)1.a. and (A)(2)(a)1.b. of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The limits do not apply to the product’s overall weight.
         (b)   It is not a violation of division (B)(1) of this section for an individual to receive or accept more than an amount of pseudoephedrine product or ephedrine product specified in division (A)(2)(a)1.a. or (A)(2)(a)1.b. of this section if the individual is an employee of a retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
      (3)   (a)   No individual under 18 years of age shall knowingly purchase, receive, or otherwise acquire a pseudoephedrine product, or ephedrine product unless the pseudoephedrine product or ephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741.
         (b)   Division (A)(3)(a) of this section does not apply to an individual under 18 years of age who purchases, receives, or otherwise acquires a pseudoephedrine product or ephedrine product from any of the following:
            1.   A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides the pseudoephedrine product or ephedrine product to that individual and whose conduct is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741;
            2.   A parent or guardian of that individual who provides the pseudoephedrine product or ephedrine product to the individual;
            3.   A person, as authorized by that individual’s parent or guardian, who dispenses, sells, or otherwise provides the pseudoephedrine product or ephedrine product to the individual;
            4.   A retailer or terminal distributor of dangerous drugs who provides the pseudoephedrine product or ephedrine product to that individual if the individual is an employee of the retailer or terminal distributor of dangerous drugs and the individual receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
      (4)   No individual under 18 years of age shall knowingly show or give false information concerning the individual’s name, age, or other identification for the purpose of purchasing, receiving, or otherwise acquiring a pseudoephedrine product or ephedrine product.
      (5)   No individual shall knowingly fail to comply with the requirements of R.C. § 3715.051(B).
      (6)   Whoever violates division (A)(2)(a) of this section is guilty of unlawful purchase of a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
      (7)   Whoever violates division (A)(3)(a) of this section is guilty of underage purchase of a pseudoephedrine product or ephedrine product, a delinquent act that would be a misdemeanor of the fourth degree if it could be committed by an adult.
      (8)   Whoever violates division (A)(4) of this section is guilty of using false information to purchase a pseudoephedrine product or ephedrine product, a delinquent act that would be a misdemeanor of the first degree if it could be committed by an adult.
      (9)   Whoever violates division (A)(5) of this section is guilty of improper purchase of a pseudoephedrine product or ephedrine product, a misdemeanor of the fourth degree.
(R.C. § 2925.55)
   (B)   Unlawful retail sales.
      (1)   (a)   1.   Except as provided in division (B)(1)(b) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual an amount of pseudoephedrine product or ephedrine product that is greater than either of the following:
               a.   Three and six tenths grams within a period of a single day;
               b.   Nine grams within a period of 30 consecutive days.
            2.   The maximum amounts specified in divisions (B)(1)(a)1.a. and (B)(1)(a)1.b. of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The maximum amounts do not apply to the product’s overall weight.
         (b)   1.   Division (B)(1)(a) of this section does not apply to any quantity of pseudoephedrine product or ephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741.
            2.   It is not a violation of division (B)(1)(a) of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than an amount of pseudoephedrine product or ephedrine product specified in division (B)(1)(a)1.a. or (B)(1)(a)1.b. of this section under either of the following circumstances:
               a.   The individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product;
               b.   A stop-sale alert is generated after the submission of information to the national precursor log exchange under the conditions described in R.C. § 3715.052(A)(2).
      (2)   (a)   Except as provided in division (B)(2)(b) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product or ephedrine product to an individual who is under 18 years of age.
         (b)   Division (B)(2)(a) of this section does not apply to any of the following:
            1.   A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under 18 years of age and whose conduct is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741;
            2.   A parent or guardian of an individual under 18 years of age who provides a pseudoephedrine product or ephedrine product to the individual;
            3.   A person who, as authorized by the individual’s parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under 18 years of age;
            4.   The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product or ephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under 18 years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
      (3)   No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of R.C. § 3715.051(A) or R.C. § 3715.052(A)(2).
      (4)   No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of R.C. § 3715.052(A)(1).
      (5)   Whoever violates division (B)(1)(a) of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
      (6)   Whoever violates division (B)(2)(a) of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product to a minor, a misdemeanor of the fourth degree.
      (7)   Whoever violates division (B)(3) of this section is guilty of improper sale of a pseudoephedrine product or ephedrine product, a misdemeanor of the second degree.
      (8)   Whoever violates division (B)(4) of this section is guilty of failing to submit information to the national precursor log exchange, a misdemeanor for which the offender shall be fined not more than $1,000 per violation.
(R.C. § 2925.56)
   (C)   Transaction scans.
      (1)   As used in this division and division (D) of this section:
         CARD HOLDER. Means any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive any pseudoephedrine product or ephedrine product from the seller, agent, or employee.
         IDENTIFICATION CARD. Has the same meaning as in R.C. § 2927.021.
         SELLER. Means a retailer or terminal distributor of dangerous drugs.
         TRANSACTION SCAN. Means the process by which a seller or an agent or employee of a seller checks by means of a transaction scan device the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving any pseudoephedrine product or ephedrine product.
         TRANSACTION SCAN DEVICE . Has the same meaning as in R.C. § 2927.021.
      (2)   (a)   A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder a pseudoephedrine product or ephedrine product.
         (b)   If the information deciphered by the transaction scan performed under division (C)(2)(a) of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any pseudoephedrine product or ephedrine product to the card holder.
         (c)   Division (C)(2)(a) of this section does not preclude a seller or an agent or employee of a seller as a condition for selling, giving away, or otherwise distributing a pseudoephedrine product or ephedrine product to the person presenting the document from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or an identification card if the document includes a bar code or magnetic strip that may be scanned by the device.
      (3)   Rules adopted by the Registrar of Motor Vehicles under R.C. § 4301.61(C) apply to the use of transaction scan devices for purposes of this division (C) and division (D) of this section.
      (4)   (a)   No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
            1.   The name, address, and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by a card holder;
            2.   The expiration date, identification number, and issuing agency of the driver’s or commercial driver’s license or identification card presented by a card holder.
         (b)   No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (C)(4)(a) of this section except for purposes of division (D) of this section, R.C. § 2925.58, or R.C. § 3715.052(A)(1).
         (c)   No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (C)(2)(a) of this section.
         (d)   No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by division (D) of this section or any other section of the Ohio Revised Code.
      (5)   Nothing in this division (C) or division (D) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away, or other distribution of pseudoephedrine products or ephedrine products.
      (6)   Whoever violates division (C)(2)(b) or (C)(4) of this section is guilty of engaging in an illegal pseudoephedrine product or ephedrine product transaction scan, and the court may impose upon the offender a civil penalty of up to $1,000 for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(R.C. § 2925.57)
   (D)   Affirmative defenses.
      (1)   A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of division (B) of this section in which the age of the purchaser or other recipient of a pseudoephedrine product is an element of the alleged violation if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
         (a)   A card holder attempting to purchase or receive a pseudoephedrine product presented a driver’s or commercial driver’s license or an identification card.
         (b)   A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.
         (c)   The pseudoephedrine product was sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
      (2)   In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (D)(1) of this section, the trier of fact in the action for the alleged violation of division (B) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of division (B) of this section. For purposes of division (D)(1)(c) of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
         (a)   Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes a pseudoephedrine product is 18 years of age or older;
         (b)   Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.
      (3)   In any criminal action in which the affirmative defense provided by division (D)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under R.C. §§ 4507.50 through 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.
(R.C. § 2925.58)
   (E)   Retailer’s duties.
      (1)   As used in divisions (E) and (F) of this section:
         CONSUMER PRODUCT. Any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
         DRUG. Has the same meanings as in R.C. § 4729.01.
         EPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of ephedrine, any of its salts, optical isomers, or salts of optical isomers.
         EPHEDRINE PRODUCT. A consumer product that contains ephedrine.
         LAW ENFORCEMENT OFFICIAL. An officer or employee of any agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
         LICENSED HEALTH PRO-FESSIONAL AUTHORIZED TO PRESCRIBE DRUGS. Has the same meanings as in R.C. § 4729.01.
         NATIONAL PRECURSOR LOG EXCHANGE or EXCHANGE. The electronic system for tracking sales of pseudoephedrine products and ephedrine products on a national basis that is administered by the National Association of Drug Diversion Investigators or a successor organization.
         PHARMACIST. A person licensed under Chapter 4729. of the Revised Code to engage in the practice of pharmacy.
         PHARMACY. Has the same meanings as in R.C. § 4729.01.
         PRESCRIBER. Has the same meanings as in R.C. § 4729.01.
         PRESCRIPTION. Has the same meanings as in R.C. § 4729.01.
         PROOF OF AGE. A driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under R.C. §§ 4507.50 to 4507.52 that shows a person is 18 years of age or older.
         PSEUDOEPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
         PSEUDOEPHEDRINE PRODUCT. A consumer product that contains pseudoephedrine.
         RETAILER. A place of business that offers consumer products for sale to the general public.
         SINGLE-INGREDIENT PREP-ARATION. A compound, mixture, preparation, or substance that contains a single active ingredient.
         STOP-SALE ALERT. A notification sent from the national precursor log exchange to a retailer or terminal distributor of dangerous drugs indicating that the completion of a sale of a pseudoephedrine product or ephedrine product would result in a violation of R.C. § 2925.56(A)(1) or federal law.
         TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS. Has the same meanings as in R.C. § 4729.01.
         WHOLESALER. Has the same meaning as in R.C. § 3719.01.
      (2)   A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product or ephedrine product to the public shall do all of the following:
         (a)   Segregate pseudoephedrine products or ephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor of dangerous drugs;
         (b)   With regard to each time a pseudoephedrine product or ephedrine product is sold or otherwise provided without a valid prescription:
            1.   Determine, by examination of a valid proof of age, that the purchaser or recipient is at least 18 years of age;
            2.   a.   Using any information available, including information from the national precursor log exchange if the information is accessible, make a reasonable attempt to ensure that no individual purchases or receives an amount of pseudoephedrine product or ephedrine product that is greater than either of the following:
                  i.   Three and six tenths grams within a period of a single day;
                  ii.   Nine grams within a period of 30 consecutive days.
               b.   The maximum amounts specified in divisions (E)(2)(b)2.a.i. and (E)(2)(b)2.a.ii. of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The maximum amounts do not apply to the product’s overall weight.
         (c)   Maintain a log book of pseudoephedrine product or ephedrine product purchases, in accordance with R.C. § 3715.051;
         (d)   If required to comply with section R.C. § 3715.052, submit the information specified in divisions (A)(1)(a) to (A)(1)(d) of that section to the national precursor log exchange.
      (3)   Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products and ephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the State Board of Pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the State Medical Board and its employees for purposes of enforcing R.C. Chapter 4731.
(R.C. § 3715.05)
   (F)   Theft or loss; reporting requirements.
      (1)   Each retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler that sells, offers to sell, holds for sale, delivers, or otherwise provides any pseudoephedrine product and that discovers the theft or loss of any pseudoephedrine product in an amount of more than nine grams per incident of theft or loss shall notify all of the following upon discovery of the theft or loss:
         (a)   The State Board of Pharmacy, by telephone immediately upon discovery of the theft or loss;
         (b)   Law enforcement authorities. If the incident is a theft and the theft constitutes a felony, the retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall report the theft to the law enforcement authorities in accordance with R.C. § 2921.22.
      (2)   Within 30 days after making a report by telephone to the State Board of Pharmacy pursuant to division (F)(1)(a) of this section, a retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall send a written report to the State Board of Pharmacy.
      (3)   The reports required under this section shall identify the product that was stolen or lost, the amount of the product stolen or lost, and the date and time of discovery of the theft or loss.
(R.C. § 3715.06)
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