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624.08 ILLEGAL DISPENSING OF DRUG SAMPLES.
   (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.
(ORC 2925.36(A) - (C))
Statutory reference:
   Felony offenses, see Ohio R.C. 2925.36(C)(2)
624.09 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.
(ORC 2925.37(A), (G))
Statutory reference:
   Trafficking, other felony counterfeit controlled substance offenses, see Ohio R.C. 2925.37(H) - (M)
624.10 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 Ohio R.C. 3719.08 as long as any of the original contents remain.
(ORC 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 Ohio 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 Ohio R.C. 3719.99(D) applies.
(ORC 3719.99(C))
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