(a) Except as provided in division (b) of this section, no person shall do any of the following:
(1) Sell or distribute, at retail, dangerous drugs;
(2) Possess for sale, at retail, dangerous drugs;
(3) Possess dangerous drugs.
(b) (1) Divisions (a)(1), (2), and (3), of this section do not apply to any of the following:
A. A licensed terminal distributor of dangerous drugs;
B. A person who possesses, or possesses for sale or sells, at retail, a dangerous drug in accordance with Chapters 3719., 4715., 4723., 4725., 4729., 4730., 4731., and 4741 of the Ohio Revised Code;
C. Any of the persons identified in divisions (A)(1) to (5) and (13) of Section 4729.541 of the Ohio Revised Code, but only to the extent specified in that section.
(2) Division (a)(3) of this section does not apply to any of the following:
A. A licensed manufacturer, outsourcing facility, third-party logistics provider, repackager, or wholesale distributor;
B. Any of the persons identified in divisions (A)(6) to (12) of section 4729.541 of the Ohio Revised Code, but only to the extent specified in that section.
(c) Penalty.
(1) Whoever violates division (a)(1) is guilty of a felony of the fourth degree. If the offender has previously been convicted of or pleaded guilty to a violation of this chapter, or of a violation of Chapter 2925 or 3719 of the Ohio Revised Code, or a substantially similar municipal ordinance, that person is guilty of a felony of the third degree.
(2) Whoever violates division (a)(2) is guilty of a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this chapter or a violation of Chapter 2925 or 3719 of the Ohio Revised Code, or a substantially similar municipal ordinance, that person is guilty of a felony of the fourth degree.
(3) Whoever violates division (a)(3) is guilty of a misdemeanor of the first degree. If the offender has previously been convicted of or pleaded guilty to a violation of this chapter, or of a violation of Chapter 2925 or 3719 of the Ohio Revised Code, or a substantially similar municipal ordinance, that person is guilty of a felony of the fifth degree.
(Ord. 21-18. Passed 5-5-21.)