(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)
(a) Except as otherwise provided in R.C. Chapter 3780 and notwithstanding any conflicting provision of this code or the Ohio Revised Code, an adult use consumer, may do the following:
(1) Use adult use cannabis;
(2) Possess, transfer without remuneration to another adult consumer, or transport adult use cannabis, subject to division (b) of this section; and
(3) Purchase adult use cannabis from an adult use dispensary per day in amounts that do not exceed the possession limits set forth in division (b)(1) of this section.
(b) Except as otherwise provided in R.C. Chapter 3796:
(1) The amount of cannabis that may be possessed by an adult use consumer shall not exceed:
A. Two and one-half ounces of adult use cannabis in any form except adult use extract; and
B. Fifteen grams of adult use cannabis in the form of adult use extract.
(2) The amount of cannabis that may be transferred by an adult use consumer without remuneration and not advertised or promoted to the public shall not exceed:
A. Two and one-half ounces of adult use cannabis in any form except adult use extract; and
B. Fifteen grams of adult use cannabis in the form of adult use extract.
(3) The amount of cannabis that may be transported by an adult use consumer shall not exceed:
A. Two and one-half ounces of adult use cannabis in any form except adult use extract; and
B. Fifteen grams of adult use cannabis in the form of adult use extract.
(c) Except as otherwise provided in R.C. Chapter 3780, an adult use consumer shall not be subject to arrest, criminal prosecution, or civil penalty for engaging in any of the activities authorized under R.C. Chapter 3780, including:
(1) Obtaining, using, possessing, or transporting adult use cannabis;
(2) Performing conduct authorized under R.C. § 3780.29;
(3) Acquiring, possessing, using, purchasing, manufacturing, selling, or transporting paraphernalia; and
(4) Assisting another adult use consumer, or allowing property to be used, in any of the acts authorized by R.C. Chapter 3780.
(d) (1) An individual is prohibited from operating a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft while using adult use cannabis or while under the influence of adult use cannabis and is subject to R.C. § 4511.19 or a substantially equivalent municipal ordinance for any violation of this division.
(2) An individual is prohibited from smoking, vaporizing, or using any other combustible adult use cannabis product while in a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft and is subject to R.C. § 4511.19 or a substantially equivalent municipal ordinance for any violation of this division.
(e) Except as otherwise provided in R.C. Chapter 3780, no individual under 21 years of age shall knowingly show or give false information concerning the individual's name, age, or other identification for the purpose of purchasing adult use cannabis from an adult use dispensary licensed under R.C. Chapter 3780.
(f) Nothing in R.C. Chapter 3780 is intended to permit the transfer or sale of adult use cannabis, with or without remuneration, to an individual under 21 years of age, or to allow an individual under 21 years of age to purchase, possess, use, process, transport, or cultivate cannabis except where authorized by R.C. Chapter 3796.
(g) It is unlawful for any parent or guardian to knowingly permit their residence, any other private property under their control, or any vehicle, conveyance, or watercraft under their control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under 21 years of age, in a manner that constitutes a violation of R.C. Chapter 3780.
(1) A parent or guardian is deemed to have knowingly permitted their residence, any other private property under their control, or any vehicle, conveyance, or watercraft under their control to be used in violation of R.C. Chapter 3780 if they knowingly authorize or permit consumption of cannabis by underage invitees.
(2) Where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
(R.C. § 3780.36)
(h) Penalties.
(1) Except as otherwise provided in R.C. Chapter 3796, R.C. § 2925.11 or a substantially equivalent municipal ordinance shall apply when an adult use consumer possesses an amount of cannabis greater than the limits set forth in division (b)(1) of this section.
(2) Except as otherwise provided in R.C. Chapter 3780, an adult use consumer who uses adult use cannabis in public areas, or who violates division (d)(2) of this section as a passenger, is guilty of a minor misdemeanor.
(3) A. An individual under 21 years of age who knowingly shows or gives false information concerning the individual's name, age, or other identification for the purpose of purchasing or otherwise obtaining adult use cannabis from an adult use dispensary licensed under R.C. Chapter 3780 is guilty of a misdemeanor of the first degree. If, in committing a first violation, the offender presented to an adult use dispensary licensed under R.C. Chapter 3780 a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $250 and not more than $1,000, and may be sentenced to a term of imprisonment of not more than six months.
B. On a second violation in which, for the second time, the offender presented to an adult use dispensary licensed under R.C. Chapter 3780 a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. The court also may impose a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7). The court, in lieu of suspending the offender's temporary instruction permit, probationary driver's license, or driver's license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
C. On a third or subsequent violation in which, for the third or subsequent time, the offender presented to an adult use dispensary licensed under R.C. Chapter 3780 a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. Except as provided in this division, the court also may impose a class six suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6), and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 years. The court, in lieu of suspending the offender's temporary instruction permit, probationary driver's license, or driver's license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
(4) An individual who is under 21 years of age and who solicits another individual to purchase adult use cannabis from an adult use dispensary licensed under R.C. Chapter 3780 is guilty of:
A. For a first violation, a misdemeanor of the fourth degree; and
B. For a second or subsequent violation, a misdemeanor of the second degree.
(5) An employee or agent of an adult use dispensary licensed under R.C. Chapter 3780 who knowingly sells cannabis to an individual under 21 years of age is guilty of a misdemeanor of the first degree.
(6) Any individual who violates R.C. § 3780.10(A), or R.C. § 3780.29(F), is guilty of the illegal trafficking in drugs under R.C. § 2925.03 and the illegal manufacture of drugs under R.C. § 2925.04.
(7) Any individual who violates division (b)(2) or (b)(3) of this section guilty of the illegal trafficking in drugs under R.C. § 2925.03.
(8) Any individual who violates R.C. § 3780.20(B) is guilty of illegal dispensing of drug samples under R.C. § 2925.36 or a substantially equivalent municipal ordinance.
(9) A. An individual who violates division (g) of this section is guilty of:
1. For a first violation, a misdemeanor of the third degree; and
2. For a second or subsequent violation, a misdemeanor of the first degree.
B. If a violation of division (g) of this section directly or indirectly results in great bodily harm or death to any individual, the individual violating division (g) is guilty of a felony to be prosecuted under appropriate state law.
(R.C. § 3780.99)