513.03   DRUG POSSESSION OFFENSES.
   (a)   No person shall knowingly obtain, possess or use a controlled substance or a controlled substance analog.
   (b)   (1)   This section does not apply to any of the following:
         A.   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.
         B.   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.
         C.   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.
         D.   Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs if the prescription was issued for a legitimate medical purpose and not altered, forged, or obtained through deception or commission of a theft offense. As used in this division (b)(1)D., “deception” and “theft offense” have the same meanings as in Ohio R.C. 2913.01.
      (2)   A.   As used in division (b)(2) of this section:
            1.   “Community addiction services provider.” Has the same meaning as in Ohio R.C. 5119.01.
            2.   “Community control sanction.” Has the same meanings as in Ohio R.C. 2929.01
            3.   “Drug treatment program.” Has the same meanings as in Ohio R.C. 2929.01.
            4.   “Health care facility.” Has the same meaning as in Ohio R.C. 2919.16.
            5.   “Minor drug possession offense.” A violation of this section or Ohio R.C. 2925.11 that is a misdemeanor or a felony of the fifth degree.
            6.   “Peace officer.” Has the same meaning as in Ohio R.C. 2935.01.
            7.   “Post-release control sanction.” Has the same meaning as in Ohio R.C. 2967.28.
            8.   “Public agency.” Has the same meaning as in Ohio R.C. 2930.01.
            9.   “Qualified individual.” A person who is not on community control or post-release control and is a person acting in good faith who seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person who experiences a drug overdose and who seeks medical assistance for that overdose, or a person who is the subject of another person seeking or obtaining medical assistance for that overdose as described in division (b)(2)B. of this section.
            10.   “Seek or obtain medical assistance.” Includes, but is not limited to making a 9-1-1 call, contacting in person or by telephone call an on-duty peace officer, or transporting or presenting a person to a health care facility.
         B.   Subject to division (b)(2)F. of this section, a qualified individual shall not be arrested, charged, prosecuted, convicted, or penalized pursuant to this chapter for a minor drug possession offense if all of the following apply:
            1.   The evidence of the obtaining, possession, or use of the controlled substance or controlled substance analog that would be the basis of the offense was obtained as a result of the qualified individual seeking the medical assistance or experiencing an overdose and needing medical assistance.
            2.   Subject to division (b)(2)G. of this section, within 30 days after seeking or obtaining the medical assistance, the qualified individual seeks and obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional.
            3.   Subject to division (b)(2)G. of this section, the qualified individual who obtains a screening and receives a referral for treatment under division (b)(2)B.2. of this section, upon the request of any prosecuting attorney, submits documentation to the prosecuting attorney that verifies that the qualified individual satisfied the requirements of that division. The documentation shall be limited to the date and time of the screening obtained and referral received.
         C.   If a person is found to be in violation of any community control sanction and if the violation is a result of either of the following, the court shall first consider ordering the person’s participation or continued participation in a drug treatment program or mitigating the penalty specified in Ohio R.C. 2929.13, 2929.15, or 2929.25, or any substantially equivalent municipal ordinance, whichever is applicable, after which the court has the discretion either to order the person’s participation or continued participation in a drug treatment program or to impose the penalty with the mitigating factor specified in any of those applicable sections:
            1.   Seeking or obtaining medical assistance in good faith for another person who is experiencing a drug overdose;
            2.   Experiencing a drug overdose and seeking medical assistance for that overdose or being the subject of another person seeking or obtaining medical assistance for that overdose as described in division (b)(2)B. of this section.
         D.   If a person is found to be in violation of any post-release control sanction and if the violation is a result of either of the following, the court or the parole board shall first consider ordering the person’s participation or continued participation in a drug treatment program or mitigating the penalty specified in Ohio R.C. 2929.141 or 2967.28, whichever is applicable, after which the court or the parole board has the discretion either to order the person’s participation or continued participation in a drug treatment program or to impose the penalty with the mitigating factor specified in either of those applicable sections:
            1.   Seeking or obtaining medical assistance in good faith for another person who is experiencing a drug overdose;
            2.   Experiencing a drug overdose and seeking medical assistance for that emergency or being the subject of another person seeking or obtaining medical assistance for that overdose as described in division (b)(2)B. of this section.
         E.   Nothing in division (b)(2)B. of this section shall be construed to do any of the following:
            1.   Limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regards to a defendant who does not qualify for the protections of division (b)(2)B. of this section or with regards to any crime other than a minor drug possession offense committed by a person who qualifies for protection pursuant to division (b)(2)B. of this section for a minor drug possession offense;
            2.   Limit any seizure of evidence or contraband otherwise permitted by law;
            3.   Limit or abridge the authority of a peace officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in that division;
            4.   Limit, modify, or remove any immunity from liability available pursuant to law in effect prior to September 13, 2016 to any public agency or to an employee of any public agency.
         F.   Division (b)(2)B. of this section does not apply to any person who twice previously has been granted an immunity under division (b)(2)B. of this section. No person shall be granted an immunity under division (b)(2)B. of this section more than two times.
         G.   Nothing in this section shall compel any qualified individual to disclose protected health information in a way that conflicts with the requirements of the “Health Insurance Portability and Accountability Act of 1996,” 104 Pub. L. No. 191, 110 Stat. 2021, 42 U.S.C. §§ 1320d et seq., as amended, and regulations promulgated by the United States Department of Health and Human Services to implement the act or the requirements of 42 C.F.R. Part 2.
(ORC 2925.11(A), (B))
   (c)   Whoever violates this section is guilty of drug abuse:
      (1)   If the drug involved is marihuana or a compound, mixture, preparation or substance included in Schedule III, IV or V, drug abuse is a misdemeanor of the first degree.
(Ord. A-1704.  Passed 5-22-89.)