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513.02 GIFT OF MARIHUANA.
   (a)   No person shall knowingly do any of the following:
      (1)   Sell or offer to sell a controlled substance or a controlled substance analog;
      (2)   Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the offender or another person.
   (b)   This section does not apply to any of the following:
      (1)   Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741.
      (2)   If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration.
      (3)   Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the “Federal Food, Drug and Cosmetic Act” (21 U.S.C. 301 et seq., as amended), and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that Act.
   (c)   Whoever violates division (a) of this section is guilty of the following:
      (1)   Except as otherwise provided in divisions (c)(2) and (c)(3) of this section, trafficking in controlled substances is a felony to be prosecuted under appropriate State law.
      (2)   Except as otherwise provided in this division, if the offense involves a gift of 20 grams or less of marihuana, trafficking in marihuana is a minor misdemeanor upon a first offense and a misdemeanor of the third degree upon a subsequent offense. If the offense involves a gift of 20 grams or less of marihuana and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree.
      (3)   If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and marihuana, one of the following applies:
         A.   Except as otherwise provided in division (c)(3)B. of this section, the offender is guilty of trafficking in marihuana and shall be punished under division (c)(2) of this section. The offender is not guilty of trafficking in a fentanyl-related compound and shall not be charged with, convicted of, or punished under R.C. § 2925.03(C)(9) for trafficking in a fentanyl-related compound.
         B.   If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of trafficking in a fentanyl-related compound and shall be punished under R.C. § 2925.03(C)(9).
   (d)   As used in this section, “drug” includes any substance that is represented to be a drug.
(R.C. § 2925.03(A) - (C), (I)) (Ord. 95-96. Passed 7-15-96.)
513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.
   (a)   No person shall knowingly obtain, possess, or use a controlled substance.
   (b)   This section does not apply to any of the following:
      (1)   Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741.
      (2)   If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration.
      (3)   Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the Federal Food, Drug, and Cosmetic Act, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that Act.
      (4)   Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
   (c)   Whoever violates division (a) of this section is guilty of one of the following:
      (1)   If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule I or II of Ohio R.C. 3719.41, with the exception of marihuana, synthetic cannabinoids, synthetic derivatives of cathinone or is cocaine, L.S.D., heroin, or a compound, mixture or preparation containing such drug, drug abuse is a felony to be prosecuted under appropriate State law.
      (2)   If the drug involved is a compound, mixture, preparation, or substance included in Schedule III, IV, or V of Ohio R.C. 3719.41, whoever violates division (a) of this section is guilty of possession of drugs. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in the following division, possession of drugs is a misdemeanor of the third degree or, if the offender previously has been convicted of a drug abuse offense, it is a misdemeanor of the second degree. If the drug involved in the violation is an anabolic steroid included in Schedule III and if the offense is a misdemeanor of the third degree under this division, in lieu of sentencing the offender to a term of imprisonment in a detention facility, the court may place the offender under a community control sanction, as defined in Ohio R.C. 2929.01, that requires the offender to perform supervised community service work pursuant to Ohio R.C. 2951.02(B).
         B.   If the amount of the drug involved equals or exceeds the bulk amount, possession of drugs is a felony to be prosecuted under appropriate State law.
      (3)   If the drug involved in the violation is marihuana or a compound, mixture, preparation or substance containing marihuana other than hashish, whoever violates division (a) of this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in the following divisions, possession of marihuana is a minor misdemeanor.
         B.   If the amount of the drug involved equals or exceeds 100 grams but is less than 200 grams, possession of marihuana is a misdemeanor of the fourth degree.
         C.   If the amount of the drug involved equals or exceeds 200 grams, possession of marihuana is a felony to be prosecuted under appropriate State law.
      (4)   If the drug involved in the violation is hashish or a compound, mixture, preparation or substance containing hashish, whoever violates division (a) of this section is guilty of possession of hashish. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in the following divisions, possession of hashish is a minor misdemeanor.
         B.   If the amount of the drug involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree.
         C.   If the amount of the drug involved equals or exceeds ten grams of hashish in a solid form or equals or exceeds two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony to be prosecuted under appropriate State law.
      (5)   If the drug involved in violation is synthetic cannabinoids or synthetic derivative of cathinone or a compound, mixture, preparation or substance containing any amount of synthetic cannabinoids or synthetic derivative of cathinone, whoever violates division (a) of this section is guilty of possession of synthetic cannabinoids or possession of synthetic derivative of cathinone. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise determined in the following divisions, possession of synthetic cannabinoids or possession of synthetic derivative or cathinone is a misdemeanor of the third degree.
         B.   If the amount of the drug involved equals or exceeds 200 grams, possession of synthetic cannabinoids or synthetic derivatives of cathinone is a felony to be prosecuted under appropriate State law.
   (d)   Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
   (e)   In addition to any prison term or jail term authorized or required by division (c) of this section and Ohio R.C. 2929.13, 2929.14, 2929.22, 2929.24, and 2929.25, or any substantially similar municipal ordinance, and in addition to any other sanction that is imposed for the offense under this section or Ohio R.C. 2929.11 through 2929.18, or Ohio R.C. 2929.21 to 2929.28, or any substantially similar municipal ordinance, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (a) of this section shall do the following if applicable regarding the offender:
      (1)   Notwithstanding any contrary provision of Ohio R.C. 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to Ohio R.C. 2929.18(A) in accordance with and subject to the requirements of Ohio R.C. 2925.03(F). The agency that receives the fine shall use the fine as specified in Ohio R.C. 2925.03(F).
      (2)   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.
      (3)   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 Ohio R.C. 2925.38.
(ORC 2925.11) (Ord. 95-96. Passed 7-15-96; Ord. 44-11. Passed 10-10-11.)
513.04 POSSESSING DRUG ABUSE INSTRUMENTS.
   (a)   No person shall knowingly make, obtain, possess, or use any instrument, article, or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.
   (b)   This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, and 4741.
   (c)   Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, violation of this section is a misdemeanor of the first degree.
   (d)   (1)   In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially equivalent municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years. 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 Ohio R.C. 2925.38.
      (2)   A.   Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under this section prior to September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of Ohio R.C. 4511.19 or a substantially equivalent municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under this section shall not file such a motion.
         B.   Upon the filing of a motion under division (d)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(ORC 2925.12)
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