513.121 MARIJUANA DRUG PARAPHERNALIA.

   (a)   As used in this section, “drug paraphernalia” has the same meaning as in Section 513.12.

   (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, all factors identified in subsection (b) of Section 513.12.

   (c)   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.

   (d)   This section does not apply to any person identified in subsection (d)(1) of Section 513.12 and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.

   (e)   Subsection (e) of Section 513.12 applies with respect to any drug paraphernalia that was used or possessed in violation of this section.

   (f)   Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.

   (g)   (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 Section 4511.19 of the Ohio Revised Code, Section 333.01 of the Sharonville Codified Ordinances, or a substantially similar 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 the section, the court immediately shall comply with Section 2925.38 of the Revised Code.

      (2)   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 the effective date of this amendment 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 Section 4511.19 of the Ohio Revised Code, Section 333.01 of the Sharonville Codified Ordinances, or a substantially similar municipal ordinance of law of another state or the United States arising 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.

Upon the filing of a motion under subsection (g)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.

         (Ord. 2017-4-E. Passed 1-31-17.)